Road Traffic law affects every motorist, passenger, cyclist and pedestrian in the country. We all come in daily contact with the law but we may not know it. When you fall foul of Road Traffic law you should always seek legal advice. O’Dwyer are nationally recognised for our knowledge and understanding the law and its application and for our ability to assist motorists who are facing Road Traffic prosecutions.
The implications of a criminal prosecution and conviction for a Road Traffic offence can have a huge consequences in everyday life. Not only can the Courts impose fines but also motorists can be subject to driving bans and, in extreme circumstances, prison sentences.
While all motorists know that you cannot drive with excess alcohol in your system, at a speed beyond the legal limits or in a manner that is careless or dangerous towards other road users, the way the law is structured is confusing and complex. When a motorist finds themselves in that situation they need advice from solicitors who have a working knowledge of the law and its application. This may lead to a prosecution being dismissed or, where it is admitted to, a reduction in penalty or a licence saved.
At O’Dwyer we are best known and respected for our work for clients charged with:
Drink and Drug Driving Prosecutions
Driving while under the influence of drink or drugs has long been an offence in Irish Law.
The enforcement of the law by An Garda Siochana changes regularly. It is impossible to expect any person without legal training to understand the law on intoxication and driving.
Our solicitors have extensive knowledge of the law on drink and drug driving. We also have first-hand experience as to how the law is enforced on the roads and in the courts.
In representing motorists accused of drink or drug driving our focus is on the detail of the law and the procedure applied where any issue may arise, so as to benefit the motorist. Considering the penalties that apply, the time spent in assessing the case made against a motorist can prove time well spent if a prosecution should fail.
Speeding Prosecutions
While speeding prosecutions are minor in nature they are the ones that affect more drivers than any other offence. Our experience in representing clients facing speeding prosecutions is second to none.
We have been involved in leading cases in this area over the past 15 years, some of which have directly led to a change in the law governing speeding. Our solicitors have an in-depth working knowledge of the law and court practice, which we hone to the advantage of our clients.
Driving Prosecutions
There is a large range of events that can lead to driving prosecutions; from what could be considered as an innocent mistake to where there is serious injury or loss of life. When these prosecutions commence they can immediately place a driver’s licence in jeopardy and, in the most serious of cases, their liberty. In such very serious circumstances we assist motorists to decide what is their best course of action given the case made against them. Our work in these circumstances can commence as soon as the driving issue arises, whether that results in a road traffic accident or not. We provide immediate guidance to motorists as to what to do, and what not to do.
It is our experience that motorists that have been involved in serious incidents on the road may not be fully aware of their rights and obligations. In those circumstances we are there to assist. We provide practical advice as to how to deal with other motorists or parties involved, including An Garda Siochana. If an investigation is undertaken we assist motorists in dealing with the investigation and, should the need arise, we can sit with motorists being interviewed in Garda Stations as part of that process. We represent motorists charged with driving offences in court and act as advocates in court.
Insurance and Documentary Prosecutions
Every motorist that drives a car on the open road must have a policy of insurance to cover themselves to drive that car at that time. If, for whatever reason, a motorist is not covered by a policy of insurance, an automatic period of disqualification applies. Aside from this, motorists are also responsible for having their car validly taxed, having a valid driving licence and being in possession of an up-to-date NCT certificate. If any one of these essential proofs are absent, an offence is committed which, on conviction, can result in a motorist being fined, having penalty points imposed and, in extreme circumstances, a driving ban.
Our function in representing clients is to ensure that the allegation of wrongdoing is properly made and if so proven, that our clients can minimise their risk and continue to drive.
Representing Clients in Open Garda Investigations
Very often we are consulted by motorists who have been asked to be involved in a Garda investigation following an incident or complaint.
We provide assistance when the Gardai are performing an interview. This can take the form of liaising with the Gardai on behalf of clients, assisting in the preparation of statements and in some instances attending on clients in Garda stations.
When we are called upon to advise motorists, we provide easy access to advice though all our experienced solicitors.
Road Traffic Accidents
Aside from criminal driving prosecutions we assist motorists, passengers and pedestrians who have been involved and injured in road traffic accidents.
Any collision or accident is a traumatic experience and where injury is involved we can provide assistance. Given our experience in road traffic issues we know and understand what is to be done in the immediate aftermath of an accident for the benefit of the person or people affected. We have the ability to quickly identify the circumstances of the accident and where the fault lies. We liaise with Gardai to establish the identity of the parties involved and then onwards with their insurance companies if someone else is at fault.
We guide injured parties through the claim process and assist them in dealing with claims handlers, the Injuries Board and onwards to the courts if the need arises. We do our very best to make sure, through the client-focused service we provide, that the client gets what they are entitled to and that their best interests are looked after at all times.
