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driving ban

  • 18-10-2011 1:27pm
    #1
    head89
    Closed Accounts Posts: 1 ✭


    i have recived a driving ban of 4 years for no insurance early this year...i was too late too apl the sentence...since committing the offence iv got a new job wich pays 40,000 a year and i need my sentence to be revoked is this possible???
    Tagged:


Comments

  • #2
    Reloc8
    Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    A person convicted for the first time of driving without insurance does not have to get an automatic ban.

    For second and subsequent convictions, a ban is often mandatory.

    It is possible to apply to extend time for an appeal to be taken and in most circumstances it is far better for a solicitor to prepare and move this application.

    If a ban of 4 years for no insurance was imposed on a person who had never been convicted of driving without insurance at any other point in time, it is reasonably likely that the 4 year ban might be removed or reduced on appeal.

    If the person affected had other convictions for no insurance it is probably pointless to appeal, as the ban is likely to be a mandatory ban in relation to which the court has no discretion.

    A person in the position of the OP should take legal advice from a solicitor as to where they stand.


  • #3
    coylemj
    Registered Users, Registered Users 2 Posts: 25,504 ✭✭✭✭coylemj


    head89 wrote: »
    i have recived a driving ban of 4 years for no insurance early this year...i was too late too apl the sentence...since committing the offence iv got a new job wich pays 40,000 a year and i need my sentence to be revoked is this possible???

    If you had been on time, what would have been the grounds for your appeal i.e. assuming the facts were proved in the District Court and you didn't have insurance, what plea in mitigation would you or your solicitor have made in the Circuit Court?


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