driving offences

darrenking

hi im new on here and in need of some information. I was recently stopped by gardai at a checkpoint and was penalised for no seatbelt. On receipt of the summons i had 4 other charges of no NCT not producing NCT and no insurance and failing to produce insurance. Everything was on display i had tax and insurance and my NCT was 3 months out but i also was not asked to produce. Just wondering if anyone has any advice from similar situations?

ABajaninCork

If the NCT's out by three months, you're lucky the Gards didn't take the car! Is the car NCT'd now? If it is, then take all the certs down to the cop shop and ask to speak to the Gard that stopped you. Might be able to get it sorted that way.

darrenking

Hi, thanks for the reply, yes car is NCT'd now and I was always insured i am just concerned about not producing as i know i wasnt asked to produce as everything was on display and i dont recall being asked to produce anything.

carzony

From my experience the guards just seem to not tell you to produce and then send you a summons lol.

When going to court bring your insurance certificate, proof of tax and just bring your recent nct certificate. When the judge asks tell her at the time your nct was out of date but since then you have gotten the car nct'd, it will make it look like you actually bothered to sort your car out and the judge might not be so harsh with the fine/points..

If asked why you didnt produce just say it slipped your mind or somthing. Don't say 'The garda never asked me to' might sound a bit cheeky lol

hullaballoo

The Gardaí cannot impound your car because the NCT is up.

I also disagree that you should say it slipped your mind. If you weren't asked to produce, you shouldn't be summonsed for it. I suppose it depends on how much hassle you're willing to go through because a DJ might convict you even if you say on oath that you weren't asked to produce. Personally, I'd find the injustice worse than the fine if I were to plead to an offence I never committed.

carzony

hullaballoo wrote: »

The Gardaí cannot impound your car because the NCT is up.

I also disagree that you should say it slipped your mind. If you weren't asked to produce, you shouldn't be summonsed for it. I suppose it depends on how much hassle you're willing to go through because a DJ might convict you even if you say on oath that you weren't asked to produce. Personally, I'd find the injustice worse than the fine if I were to plead to an offence I never committed.

Can't take my car for no nct? They'll probably just take it.

As for not being asked to produce it happened to me twice. First time I pulled to the side of the road talking on the phone, The guard stopped alongside my car and asked me for my license, then he said 'fair play for pulling over on the phone'. Few months later a 10 page summons was received.. sneaky ****ers :mad:

second time was like the op, Came to a checkpoint, Guard pulled to the side checked all my details, all in order and said ok go ahead, then another summons :mad::mad:

Hooch

hullaballoo wrote: »

The Gardaí cannot impound your car because the NCT is up.

I also disagree that you should say it slipped your mind. If you weren't asked to produce, you shouldn't be summonsed for it. I suppose it depends on how much hassle you're willing to go through because a DJ might convict you even if you say on oath that you weren't asked to produce. Personally, I'd find the injustice worse than the fine if I were to plead to an offence I never committed.

I beg to differ. As does Section 19 of the 2006 Road Traffic Act which amends Section 41 power of detention.

I have had a few people go to court and genuinely say I never told them to produce. People get tunnel vision when dealing with Gardaí and even though I explain exactly what the certificates are (not just the discs on the window) people still "forget" or cant remember the demand being made.

carzony

Hooch wrote: »

I beg to differ. As does Section 19 of the 2006 Road Traffic Act which amends Section 41 power of detention.

I have had a few people go to court and genuinely say I never told them to produce. People get tunnel vision when dealing with Gardaí and even though I explain exactly what the certificates are (not just the discs on the window) people still "forget" or cant remember the demand being made.

I knew the Garda could take your car. If not sure no one would have an nct. I also agree that many people say ''Garda never told me to produce'' and it does sound like a bad excuse but it does happen. Why would you not produce if you have everything in order?

hullaballoo

Hooch wrote: »

I beg to differ. As does Section 19 of the 2006 Road Traffic Act which amends Section 41 power of detention.

I have had a few people go to court and genuinely say I never told them to produce. People get tunnel vision when dealing with Gardaí and even though I explain exactly what the certificates are (not just the discs on the window) people still "forget" or cant remember the demand being made.

There you go! I thought it was just for tax that they had that power. Tbh, it makes more sense that they can impound for no NCT than no tax.

Hooch

carzony wrote: »

I knew the Garda could take your car. If not sure no one would have an nct. I also agree that many people say ''Garda never told me to produce'' and it does sound like a bad excuse but it does happen. Why would you not produce if you have everything in order?

I'm not saying they choose not to. I'm saying a Garda will tell thm you getting. Ticket etc etc and then makes the demand. As he makes the demand all the driver is thinking is penalty points and "I want to get outa here"........he doesn't even take in the Gardas demand. He nominates a station and drives off still thinking about the points and fine.

Hooch

hullaballoo wrote: »

There you go! I thought it was just for tax that they had that power. Tbh, it makes more sense that they can impound for no NCT than no tax.

Everyday we have something to learn. It's those of us who are wise will realise that. Those of us who "think" they are wise will not.

carzony

Hooch wrote: »

I'm not saying they choose not to. I'm saying a Garda will tell thm you getting. Ticket etc etc and then makes the demand. As he makes the demand all the driver is thinking is penalty points and "I want to get outa here"........he doesn't even take in the Gardas demand. He nominates a station and drives off still thinking about the points and fine.

When put like that it could be easily forgotten that the guard asked you to produce.

Can I ask, Say i'm in the country and get stopped by garda and they ask me to produce at my local station, How does the garda from the country know I produced? and if I fail to produce does a local officer take me to court?

Happened to me a few months ago and I was wondering how it worked lol

Hooch wrote: »

Everyday we have something to learn. It's those of us who are wise will realise that. Those of us who "think" they are wise will not.

Sure I know a lad who thinks he doesn't HAVE to have insurance when driving his car on the public roads. Not sure where he got that idea from but I hope he practices that logic one day lol