If someone missed their court-date & got disqulaified in their absence??

peteburnshndbag

Ok just wondering what would happen with the following scenario;

So say someone was meant to be in court on a certain day over not producing their drivers license & insurance cert within 10 days.. but they get the court date mixed up, (because it was adjourned from last time cause the person did not have correct documents) and turn up in court the day after, missing their real court date.
Then suppose the person in question receives a notice in their door saying they are DISQUALIFIED for a YEAR, because the hearing went ahead in their abscense and the judge assumed they had no insurance etc..

Would this person have a case in appealing this decision, considering they have all the insurance documents etc. in place???

Thanks

Jo King

If somebody was so stupid as not to produce their documents to the Guards within 10 days, and so stupid as not to go to the prosecuting guard, with the documents, when the summons was received, and so stupid as not to bring the proper documents to court on the day of the hearing and so stupid as not to turn up on time for the adjourned hearing; what are the chances that they will get their appeal papers lodged within two weeks of the District Court hearing and so avoid the ban and then show the documents to the prosecuting guard and then turn up on time to the Circuit Court hearing to see the state solicitor ask for the District Court Order to be set aside? Even if they miss the two week deadline for an appeal what are the chances that they will make an application for an extension of time to appeal and the follow the rest of the simple steps outlined above?

peteburnshndbag

Jo King wrote:

If somebody was so stupid as not to produce their documents to the Guards within 10 days, and so stupid as not to go to the prosecuting guard, with the documents, when the summons was received, and so stupid as not to bring the proper documents to court on the day of the hearing and so stupid as not to turn up on time for the adjourned hearing; what are the chances that they will get their appeal papers lodged within two weeks of the District Court hearing and so avoid the ban and then show the documents to the prosecuting guard and then turn up on time to the Circuit Court hearing to see the state solicitor ask for the District Court Order to be set aside? Even if they miss the two week deadline for an appeal what are the chances that they will make an application for an extension of time to appeal and the follow the rest of the simple steps outlined above?

I know, this person is pretty stupid all-right.. but i dont suppose they will be stupid enough to miss the next court date..

Thanks for the info..

Does anyone know how this stupid person would go about lodging an appeal to the circuit court??

445279.ie

Get onto the relevant District Court Office and they'll tell you.

Failing that, get a solicitor to do it for you in case you "forget" to turn up again

igwe

please i need ur advice, few weeks ago i got stopped by the garda for drink driving and was alittle over the limit, the garda said i am 3 months disqulified and i will pay 300euro fine and also i have to bring in my insu cert and liences in the next 10days. the next 2 days i got my self insured as a name driver to the car becos my wife was the owner of the car and she was insured. so got my name added , did not tell the insurance what happened. went to the garda today and told them i added my name as a name driver. he said its an offences.

so i think i have drink drive offence........1

No insurance of the day been stopped......2

failure to produce insurance cert witing in 10days (which i am waiting for at the moment i have 4 days left)......3

Please do anyone know which kind of penalty point (disqulification years) and (FINE). Thanks

Milk & Honey

igwe wrote: »

please i need ur advice, few weeks ago i got stopped by the garda for drink driving and was alittle over the limit, the garda said i am 3 months disqulified and i will pay 300euro fine and also i have to bring in my insu cert and liences in the next 10days. the next 2 days i got my self insured as a name driver to the car becos my wife was the owner of the car and she was insured. so got my name added , did not tell the insurance what happened. went to the garda today and told them i added my name as a name driver. he said its an offences.

so i think i have drink drive offence........1

No insurance of the day been stopped......2

failure to produce insurance cert witing in 10days (which i am waiting for at the moment i have 4 days left)......3

Please do anyone know which kind of penalty point (disqulification years) and (FINE). Thanks

You may also now have an offence of obtaining insurance by deception contrary to Section 64 of the Road Traffic Act.  .... 4

You might have a chance on the insurance but you will need a good lawyer.


When you were caught you should have gone to a good lawyer straight away instead of making things worse. You could be looking at jail.

ResearchWill

igwe wrote: »

please i need ur advice, few weeks ago i got stopped by the garda for drink driving and was alittle over the limit, the garda said i am 3 months disqulified and i will pay 300euro fine and also i have to bring in my insu cert and liences in the next 10days. the next 2 days i got my self insured as a name driver to the car becos my wife was the owner of the car and she was insured. so got my name added , did not tell the insurance what happened. went to the garda today and told them i added my name as a name driver. he said its an offences.

so i think i have drink drive offence........1

No insurance of the day been stopped......2

failure to produce insurance cert witing in 10days (which i am waiting for at the moment i have 4 days left)......3

Please do anyone know which kind of penalty point (disqulification years) and (FINE). Thanks

This is the 3rd time I have seen this story posted on boards this week.

The insurance matter, a spouse is if I am correct always covered on the others insurance. Get your wife's insurance document and get a good local traffic solicitor. If your ability to drive is important to you get real advice.

Procrastastudy

Does he need a negative equity solicitor?

Oh my bad wrong multi posted thread.

Milk & Honey

ResearchWill wrote: »

This is the 3rd time I have seen this story posted on boards this week.

The insurance matter, a spouse is if I am correct always covered on the others insurance. Get your wife's insurance document and get a good local traffic solicitor. If your ability to drive is important to you get real advice.

There is no special treatment for spouses on the others insurance. There is a general proposition that anyone driving with the consent of the owner who has a policy of has effectively got third party cover for the purpose of Section 56. It is not fully resolved at this stage either.

Hotblack Desiato

ResearchWill wrote: »

The insurance matter, a spouse is if I am correct always covered on the others insurance.

The crazy notions people in this country have about motoring never cease to amaze me.
That's one of the daftest ones.

ResearchWill

Sorry my post was not well worded. I have seen insurance policies where spousal cover was included. So the person may well have been covered and should get that matter checked out.

Milk & Honey

ResearchWill wrote: »

Sorry my post was not well worded. I have seen insurance policies where spousal cover was included. So the person may well have been covered and should get that matter checked out.

He did and was not covered. See where he tried to have himself added on after the event.

ResearchWill

Milk & Honey wrote: »

He did and was not covered. See where he tried to have himself added on after the event.

That does not mean he was not covered, and why he needs a solicitor to see his wife's insurance document to confirm if he was insured before he added himself.

Milk & Honey

ResearchWill wrote: »

That does not mean he was not covered, and why he needs a solicitor to see his wife's insurance document to confirm if he was insured before he added himself.

He had to have the insurance company add him on to the policy. Why would he have had to do that if the policy already covered him?

He may be able to avoid the Section 56 offence if the wife gave him permission to drive the car.

ResearchWill

Milk & Honey wrote: »

He had to have the insurance company add him on to the policy. Why would he have had to do that if the policy already covered him?

He may be able to avoid the Section 56 offence if the wife gave him permission to drive the car.

Hence why he needs to get advice. The insurance company would just have added him, unless he asked was he covered as a spouse. I do not know what his policy said or currently says hence why he if he values his licence needs to get advice from someone who can have sight of the policy, check does he have his own policy etc. that is all I said to him get advice.

Milk & Honey

ResearchWill wrote: »

Hence why he needs to get advice. The insurance company would just have added him, unless he asked was he covered as a spouse. I do not know what his policy said or currently says hence why he if he values his licence needs to get advice from someone who can have sight of the policy, check does he have his own policy etc. that is all I said to him get advice.

He appears to know perfectly well that he was not covered. There is a clause in insurance policies which details the drivers covered and the classes of drivers covered. He brought his wife's policy to the Garda. If he had one of his own wouldn't he have brought it as well?

ResearchWill

Milk & Honey wrote: »

He appears to know perfectly well that he was not covered. There is a clause in insurance policies which details the drivers covered and the classes of drivers covered. He brought his wife's policy to the Garda. If he had one of his own wouldn't he have brought it as well?

Again read the op "i have to bring in my insu cert and liences in the next 10days. the next 2 days i got my self insured as a name driver to the car becos my wife was the owner of the car and she was insured"

He said I have to bring, .... The next 2 days I got my self insured. No where has he said he brought the policy to AGS.

All I am saying is he may be legal, and telling porkies now may not be necessary but the only way he will know is to get someone to look at the policy. From the post I am assuming English is not the posters first language, again a reason to get advice.

Milk & Honey

ResearchWill wrote: »

Again read the op "i have to bring in my insu cert and liences in the next 10days. the next 2 days i got my self insured as a name driver to the car becos my wife was the owner of the car and she was insured"

He said I have to bring, .... The next 2 days I got my self insured. No where has he said he brought the policy to AGS.

You need to go to Specsavers.

"went to the garda today and told them i added my name as a name driver. he said its an offences. "

ResearchWill

Milk & Honey wrote: »

You need to go to Specsavers.

"went to the garda today and told them i added my name as a name driver. he said its an offences. "

Sorry missed that, but again goes to the issue that the OP either has very little English as the post has an internal conflict. Which again would lead me to believe he has not a clue what's going on and why he needs real advice not posting on here over and over with the same problem.

Milk & Honey

ResearchWill wrote: »

Sorry missed that, but again goes to the issue that the OP either has very little English as the post has an internal conflict. Which again would lead me to believe he has not a clue what's going on and why he needs real advice not posting on here over and over with the same problem.

He is either a troll or an idiot. Most unlikely to get proper advice. If he was the type to pay a good solicitor he wouldn't be driving around with no insurance.

igwe

ResearchWill wrote: »

This is the 3rd time I have seen this story posted on boards this week.

The insurance matter, a spouse is if I am correct always covered on the others insurance. Get your wife's insurance document and get a good local traffic solicitor. If your ability to drive is important to you get real advice.

Thanks for ur advice its my first offence for no insurance, i did not know what to do when i found that i was not insured in my wife car. hopefull i will get the insurance cert next week and present it in court. I am so scared i dont want to go to jail!!!

Milk & Honey

igwe wrote: »

hopefull i will get the insurance cert next week and present it in court. I am so scared i dont want to go to jail!!!

If you don't want to go to jail you should stop lying to insurance companies. An insurance cert issued after the event is useless.

igwe

I want to rephrase my sentence, i was stopped by the garda and was brought in , the garda said i was guilty for drink driving and was off the road for 3 months and 300euro fine. The garda also said i have to produce my insurance certificate within 10 days. i was confuse so i rang the insurance company because i thought i was covered in my wife car as a spouse. But they told me i was not. i thought it will help me if i get covered before the 10days of producing the insurance which was not up yet (2days later), so i added my name as a name driver. so i went to the garda station with out insurance cert because i was ask to send it to them to change the disk by the insurance company. i told the garda what i did believing it will help me. the garda ask me if i was trying to back date the date i told him no and ask me if i was driving i also said no (scared to touch a car). Then i asked him if i will be summon he said yes. i had no clue what to do.

all i am asking is what will happen to me this is my first offence. Thanks

keano007

igwe wrote: »

I want to rephrase my sentence, i was stopped by the garda and was brought in , the garda said i was guilty for drink driving and was off the road for 3 months and 300euro fine. The garda also said i have to produce my insurance certificate within 10 days. i was confuse so i rang the insurance company because i thought i was covered in my wife car as a spouse. But they told me i was not. i thought it will help me if i get covered before the 10days of producing the insurance which was not up yet (2days later), so i added my name as a name driver. so i went to the garda station with out insurance cert because i was ask to send it to them to change the disk by the insurance company. i told the garda what i did believing it will help me. the garda ask me if i was trying to back date the date i told him no and ask me if i was driving i also said no (scared to touch a car). Then i asked him if i will be summon he said yes. i had no clue what to do.

all i am asking is what will happen to me this is my first offence. Thanks

You will most likely receive a fine, and if you are lucky you may escape without a disqualification from driving for a year or two!! That's provided you have no previous convictions. You will not go to jail for a traffic offence unless you were caught drunk driving numerous times but it's obvious you were never caught before as you seem to be eligible for a fine and 3 months disqualification which only applies for first timers.

igwe

Thanks so much u are the only one that understand me now, i have never had an offence in my life.

igwe

keano007 wrote: »

You will most likely receive a fine, and if you are lucky you may escape without a disqualification from driving for a year or two!! That's provided you have no previous convictions. You will not go to jail for a traffic offence unless you were caught drunk driving numerous times but it's obvious you were never caught before as you seem to be eligible for a fine and 3 months disqualification which only applies for first timers.

if i get a solicitor for the case what do u think of the fine i will be getting.

ResearchWill

igwe wrote: »

if i get a solicitor for the case what do u think of the fine i will be getting.

Driving without insurance USA ban unless you can show the court a good reason why on your first offences you should not be banned.

In relation to the fine or if a ban will not be imposed only a local solicitor can say each and every DJ is different some have their pet issues some it's small amount of drugs others it's mobile phone others it's no insurance get advice.

Also just because a person in insurance company said you are not covered means very little. Give solicitor insurance documents and let him sort it out. I knowif a case where Quinn said a person was not covered stonewalled the soclicitor so solicitor summonsed Sean Quinn to explain why person not covered, Quinn insurance stated on second thoughts person was covered.

igwe

ResearchWill wrote: »

Driving without insurance USA ban unless you can show the court a good reason why on your first offences you should not be banned.

In relation to the fine or if a ban will not be imposed only a local solicitor can say each and every DJ is different some have their pet issues some it's small amount of drugs others it's mobile phone others it's no insurance get advice.

Also just because a person in insurance company said you are not covered means very little. Give solicitor insurance documents and let him sort it out. I knowif a case where Quinn said a person was not covered stonewalled the soclicitor so solicitor summonsed Sean Quinn to explain why person not covered, Quinn insurance stated on second thoughts person was covered.

Thanks, i called the insurance company to ask if i was covered and they said no then i ask to add my name as a name driver. do u think this will be an issue or an offence. Currently i am covered as a name driver but it was after the day i was stopped.

ResearchWill

igwe wrote: »

Thanks, i called the insurance company to ask if i was covered and they said no then i ask to add my name as a name driver. do u think this will be an issue or an offence. Currently i am covered as a name driver but it was after the day i was stopped.

I can not make this any clearer, go get real advice. If you did not have cover on the day getting cover after makes no difference you did not have cover when stopped, if the insurance company are right they are often wrong in these cases. Section 56 carries a ban the court can if it is shown to it that the person has good reasons may not impose the ban. If you want to risk your driving licence for a year or two getting advice on here thats fine, but if your licence for the next few years is important too you get real advice.

igwe

ResearchWill wrote: »

I can not make this any clearer, go get real advice. If you did not have cover on the day getting cover after makes no difference you did not have cover when stopped, if the insurance company are right they are often wrong in these cases. Section 56 carries a ban the court can if it is shown to it that the person has good reasons may not impose the ban. If you want to risk your driving licence for a year or two getting advice on here thats fine, but if your licence for the next few years is important too you get real advice.

Thanks for ur advice i am getting a Solicitor.

Milk & Honey

keano007 wrote: »

You will most likely receive a fine, and if you are lucky you may escape without a disqualification from driving for a year or two!! That's provided you have no previous convictions. You will not go to jail for a traffic offence unless you were caught drunk driving numerous times but it's obvious you were never caught before as you seem to be eligible for a fine and 3 months disqualification which only applies for first timers.

What about the fraud charge?

igwe

Milk & Honey wrote: »

What about the fraud charge?

I will be calling up the insurance on tuesday next week and tell them to remove my name as a name driver. if i am summoned to court i will be charge for no insurance and my solicitor will be there to help me through.

Milk & Honey

igwe wrote: »

I will be calling up the insurance on tuesday next week and tell them to remove my name as a name driver. if i am summoned to court i will be charge for no insurance and my solicitor will be there to help me through.

You have already committed the fraud, and told the guards about it.

keano007

Milk & Honey wrote: »

igwe wrote: »

I will be calling up the insurance on tuesday next week and tell them to remove my name as a name driver. if i am summoned to court i will be charge for no insurance and my solicitor will be there to help me through.

You have already committed the fraud, and told the guards about it.

What fraud?

Hotblack Desiato

Taking out insurance without informing them of pending convictions.

igwe

ninja900 wrote: »

Taking out insurance without informing them of pending convictions.

But that will be me and the insurance not the garda becos i did not have any accident i was only ask to produce insurance cert.

Milk & Honey

igwe wrote: »

But that will be me and the insurance not the garda becos i did not have any accident i was only ask to produce insurance cert.

You had already been disqualified on the drink driving charge when you did it. You showed the guard the new insurance cert with your name on it. The guard will know that you didn't tell the insurance company that you were banned at the time you took out the policy. They wouldn't have added you if they had known.
Prepare to meet a charge under Section 64 of the Road Traffic Act.

ResearchWill

Milk & Honey wrote: »

You had already been disqualified on the drink driving charge when you did it. You showed the guard the new insurance cert with your name on it. The guard will know that you didn't tell the insurance company that you were banned at the time you took out the policy. They wouldn't have added you if they had known.
Prepare to meet a charge under Section 64 of the Road Traffic Act.

I don't think you get banned on the night. I am open to correction as I have not seen the new system work yet. But my understanding is that it is like the fixed penalty notices. That is you are caught, then letter comes out saying you will be banned for 3 months from x date and you must pay fine of €300 by x date. If you don't agree to that then the matter goes to court where of course fine and bam can be greater.

So if the OP can confirm if he got the fixed penalty notice yet.

igwe

ResearchWill wrote: »

I don't think you get banned on the night. I am open to correction as I have not seen the new system work yet. But my understanding is that it is like the fixed penalty notices. That is you are caught, then letter comes out saying you will be banned for 3 months from x date and you must pay fine of €300 by x date. If you don't agree to that then the matter goes to court where of course fine and bam can be greater.

So if the OP can confirm if he got the fixed penalty notice yet.

yes the garda said he will give me a date for the disqualification for drink driving but he never did and i never got a letter. i honestly thought i was not disqualified on the day i added my name as a name driver. But he told me that the day i was stopped i was not a name driver.

Milk & Honey

ResearchWill wrote: »

I don't think you get banned on the night. I am open to correction as I have not seen the new system work yet. But my understanding is that it is like the fixed penalty notices. That is you are caught, then letter comes out saying you will be banned for 3 months from x date and you must pay fine of €300 by x date. If you don't agree to that then the matter goes to court where of course fine and bam can be greater.

So if the OP can confirm if he got the fixed penalty notice yet.

In theory the fixed charge penalty notice can be served on the night. At all events informing the insurer of the incident would be incumbent on any individual proposing to be insured under a motor insurance policy.

igwe

Milk & Honey wrote: »

In theory the fixed charge penalty notice can be served on the night. At all events informing the insurer of the incident would be incumbent on any individual proposing to be insured under a motor insurance policy.

Ok what if i call up the insurance and tell them what happened or my wife call and tell them to take my name off the insurance policy will that be a help.

ResearchWill

Milk & Honey wrote: »

In theory the fixed charge penalty notice can be served on the night. At all events informing the insurer of the incident would be incumbent on any individual proposing to be insured under a motor insurance policy.

In any case the OP told AGS what he did and decided to get his name off the insurance. The matter still stands that after getting proper advice he may have been insured.

Milk & Honey

ResearchWill wrote: »

In any case the OP told AGS what he did and decided to get his name off the insurance. The matter still stands that after getting proper advice he may have been insured.

That is a lesser problem. He obtained insurance by deception. That is a much more serious charge.

ResearchWill

igwe wrote: »

Ok what if i call up the insurance and tell them what happened or my wife call and tell them to take my name off the insurance policy will that be a help.

Your case is one of the perfect reasons for not coming on a forum for legal advice. Noone on here can in reality tell you anything other than guess work. You need to go to your solicitor on Tuesday morning, you need to bring everything you have, wife's insurance, your insurance if you have any, if you are covered on a work policy you need to tell solicitor that. You need to bring reading from machine in Garda station re over the limit, you need to bring driving license. Then you need to give your solicitor all your facts in relation to previous insurance and previous offences if you have any. You also tell him about adding yourself to policy. Then you do what he advises.

ResearchWill

Milk & Honey wrote: »

That is a lesser problem. He obtained insurance by deception. That is a much more serious charge.

Can you point to the act and section that sets out the offences and penalty. Sorry just found it, just checking if the current penalty exceed no insurance. When section 56 and and 64 passed both had possible Prision sentence of 6 months and £100 fine so it seems both are similar in nature, I don't have time to see if section 64 now carries any greater penalty.

Had a very quick check of Irish statute book, bot section 56 and 64 carry currently the same sentence same fine and possible prison sentence. In relation to disqualification section 56 requires a good reason not to get one, while from what I can see section 64 is not a consequential order. But am open to correction on that.

Milk & Honey

ResearchWill wrote: »

Can you point to the act and section that sets out the offences and penalty. Sorry just found it, just checking if the current penalty exceed no insurance. When section 56 and and 64 passed both had possible Prision sentence of 6 months and £100 fine so it seems both are similar in nature, I don't have time to see if section 64 now carries any greater penalty.

Had a very quick check of Irish statute book, bot section 56 and 64 carry currently the same sentence same fine and possible prison sentence. In relation to disqualification section 56 requires a good reason not to get one, while from what I can see section 64 is not a consequential order. But am open to correction on that.

The courts take a more serious view of deception offences particularly when the object was to mislead the law enforcement authorities. There is also the possibility of a charge under Section 6 of the Theft & Fraud Offences Act. There are now being quite a number of charges being brought under that section.

igwe

Milk & Honey wrote: »

The courts take a more serious view of deception offences particularly when the object was to mislead the law enforcement authorities. There is also the possibility of a charge under Section 6 of the Theft & Fraud Offences Act. There are now being quite a number of charges being brought under that section.

what kind of judgement will i get if i was found guilty for these offence. am kind of scared dont want to go to prison.

Procrastastudy

6.—(1) A person who dishonestly, with the intention of making a gain for himself or herself or another, or of causing loss to another, by any deception induces another to do or refrain from doing an act is guilty of an offence.
(2) A person guilty of an offence under this section is liable on conviction on indictment to a fine or imprisonment for a term not exceeding 5 years or both.

igwe

GCDLawstudent wrote: »

6.—(1) A person who dishonestly, with the intention of making a gain for himself or herself or another, or of causing loss to another, by any deception induces another to do or refrain from doing an act is guilty of an offence.
(2) A person guilty of an offence under this section is liable on conviction on indictment to a fine or imprisonment for a term not exceeding 5 years or both.

i did not intentionally get insurance or causing any loss, i was told by the garda when i was stopped that i was disqualified for drink driving and was told to produce insurance cert 10days. so i rang 2days later to confirm if i was insured in my wife name, and got my self added in the insurance. Now that it makes no difference i will be calling up to take my name off before i bring in the insurance cert to the garda station.

Procrastastudy

Igwe - I simply posted the relevant section of the act because you might not know where to look for it.

Do yourself a favour and go and get bladdered until Tuesday and then speak to a solicitor. Legal issues are like scabs - picking at them always makes it worse. Stop messing about trying to make it better - you'll make it worse. Speak to a solicitor before you take any further action. Absolutely, definitely, positively and without exception speak to a solicitor before you go near another Garda.

Good luck.

igwe

GCDLawstudent wrote: »

Igwe - I simply posted the relevant section of the act because you might not know where to look for it.

Do yourself a favour and go and get bladdered until Tuesday and then speak to a solicitor. Legal issues are like scabs - picking at them always makes it worse. Stop messing about trying to make it better - you'll make it worse. Speak to a solicitor before you take any further action. Absolutely, definitely, positively and without exception speak to a solicitor before you go near another Garda.

Good luck.

Thanks