Im in court on Monday

Our man in Havana

Driving whilst disqualified.

Armin_Tamzarian

newbie2 wrote: »

How would you get any other motoring offences of you're banned?

Because sometimes some really bad people actually keep driving whilst banned, some of them even do it drunk.
Shocking, I know.

Guy:Incognito

unkel wrote: »

+1

A one year ban for a self-employed person who needs his van is harsh imho given the above details. Make sure you and your solicitor are well prepared for the appeal

I dont understand the the attitude that people who really need their cars should somehow be treated more leniently when it comes to law breaking. I needmy car for work but dont expect special treatment because of it.

If anything, people who rely on their cars for work shoould be more vigilant than others so as not to be in the situation.

As for people not remembering renewal dates for things, personally I dont understand that either. I dont consider myself to be especially above average ,inteligence wise, but off the top of my head I know my licence is up for renewal on the 10th Aug next year (was never great at maths but I know to add 10 to 10th aug 1999) , my tax is out the end on March and my insurance mid sept.

Even if I just have to remember March and Sept, I know to look out for renewals in Feb and August. It's not rocket science, especially for something so vital that can lead to such serious consequences.

newbie2

I take your point......:D

I was an idiot to believe that people would do what they're told. For Shame.

stovelid

By the way, OP: apply for the circuit appeal ASAP. AFAIK , it has to be appealed within a certain time period of the judgment.

unkel

Stekelly wrote: »

If anything, people who rely on their cars for work shoould be more vigilant than others so as not to be in the situation.

Valid point. But still, people make mistakes. From what I can see about the OP, he's gotten a good scare and if he doesn't get a ban on appeal, he is unlikely to ever drive around uninsured again

Should he re-offend, the book should be thrown at him imho

kdevitt

To be honest - I think its a fair sentence, sorry. I got hit by an uninsured driver over 3 years ago, and the case is still dragging on. The asshole who hit me managed to get away with a 3 month sentence and a €250 fine which was unduly lenient. People will continue to drive around uninsured if the punishment isn't harsh enough.

Our man in Havana

stovelid wrote: »

By the way, OP: apply for the circuit appeal ASAP. AFAIK , it has to be appealed within a certain time period of the judgment.

14 days to be exact.

Niall1234

niceirishfella wrote: »

well, in this climate of speeding/drink driving and road smashes, i think you got off reasonably ok.

As opposed to what other climate in Irish motor history ?


Very harsh decision. Can you appeal ?

Oilrig

Bond 007,

What happens if the Circuit Court uphold the DC's judgment? is there likely to be any increase in the penalty?

i.e. it would seem that there has to be some risk to appealing a courts decision or it would happen in every instance.

Our man in Havana

There is always that risk involved.

The worse that could happen is that the judge affirms the DC's sentence. The judge would want to be very cranky to up the penalty, can happen where the judge thinks the appellant is chancing their arm. Normally circuit court judges are reasonable people who will weigh up the evidence in a considered manner.

If the OP shows that a ban will cause severe hardship I can't see them upholding the ban.

drdre

Wow 1 yr ban, it is alot but seriously how can you forget insurance and you didnt have tax or nct.That is alot of not haves.....

unkel

kdevitt wrote: »

To be honest - I think its a fair sentence, sorry. I got hit by an uninsured driver over 3 years ago, and the case is still dragging on. The asshole who hit me managed to get away with a 3 month sentence and a €250 fine which was unduly lenient.

OP was stopped at a checkpoint. He hadn't actually caused any damage. If he had, my opinion on a fair sentence would be entirely different

kdevitt wrote: »

People will continue to drive around uninsured if the punishment isn't harsh enough.

There's a point. Don't want to go off topic here but I never understand any court case where the defendant has "50 previous convictions". Nobody should ever have more than a few previous convictions. After several previous convictions, a convict shouldn't be allowed to be free again imho /rant over

Esel

I reckon the OP did not have a solicitor. He came on here last Friday asking for advice on a court case the following Monday. He had plenty of notice about it. A bit of the ostrich?

Anyway, OP, get good legal advice about appealing and what your chances might be.

Was this your first offence?