Uninsured and Unlicensed Driver

ashleyhere

A couple of days ago a relative was stopped and was breathalysed which he failed. Driving daughter's car. Not insured to drive her car and never held a driving licence. Second time he has been done. Total idiot. What's the worst that will happen to him.

Del2005

He'd need to ask a solicitor.

ravima

+1 on Del2005. Need a solicitor.

He's caught a second time. He is to be done for drunken driving, no insurance and no licence.

In my opinion, he is facing prison - so pack a bag on date of court hearing.

thewayiam

Month in jail and banned for driving for 10 years I'd say.

downonthefarm

would he be looking at jail just for having no license?it all depends on the judge how long since the last convictione too

LowKeyReturn

downonthefarm wrote: »

would he be looking at jail just for having no license?it all depends on the judge how long since the last convictione too

It's the second time he's been stopped, either drunk or not it isn't clear from the OP. At this point a spell in jail might be what he needs to cop on.

That said I've no comment on how likely it is but speak to a solicitor ASAP - there's absolutely no reason he can't be talking to one as we all post here. He'd have been better off speaking to one at the point of being arrested.

Ken.

Judge in Naas Judge Zaidan regularly hands down 3 months inside for no Insurance alone.

downonthefarm

ken wrote: »

Judge in Naas Judge Zaidan regularly hands down 3 months inside for no Insurance alone.

holy crapballs no wonder the prisons are overflowing

Ken.

downonthefarm wrote: »

holy crapballs no wonder the prisons are overflowing

He's tough on car offences and dead beat parents(dad's) not paying maintenance.

ezra_pound

ken wrote: »

Judge in Naas Judge Zaidan regularly hands down 3 months inside for no Insurance alone.

Fair enough. Driving uninsured is pretty obnoxious behaviour and should be punished.

downonthefarm

ken wrote: »

He's tough on car offences and dead beat parents(dad's) not paying maintenance.

there was a judge in swords i think he hard on for joyriders

LowKeyReturn

ken wrote: »

He's tough on car offences and dead beat parents(dad's) not paying maintenance.

Sounds like Judge Judy...

Although the US idea of suspending drivers licenses for those behind in child support has to be admired.

Del2005

LowKeyReturn wrote: »

Sounds like Judge Judy...

Although the US idea of suspending drivers licenses for those behind in child support has to be admired.

The US suspends drivers licences for a lot of things, we should do similar here.

Pro Hoc Vice

Del2005 wrote: »

The US suspends drivers licences for a lot of things, we should do similar here.

I have seen drivers licence suspended for a person who used a car in a shoplifting spree, also for a person caught with drugs while in a car.

Del2005

infosys wrote: »

I have seen drivers licence suspended for a person who used a car in a shoplifting spree, also for a person caught with drugs while in a car.

In the US you can loose your licence for under age drinking or shooting across a road. Something similar for Ireland would be the idea. For littering or drunk and disorderly take the licence for a week etc make it a fixed penalty instead of taking up court time. It'd have a bigger deterrent affect than the usual donation to the poor box for minor offences

Pro Hoc Vice

Del2005 wrote: »

In the US you can loose your licence for under age drinking or shooting across a road. Something similar for Ireland would be the idea. For littering or drunk and disorderly take the licence for a week etc make it a fixed penalty instead of taking up court time. It'd have a bigger deterrent affect than the usual donation to the poor box for minor offences

Considering that most Americans are able to have a driving license 5 years before can legally drink then the idea would work for that issue in Ireland it's almost impossible to have a full license before you can drink. Under EU law (but not irish jurisprudence) the removal of a license cannot be done by anyone other than a judge and can't be an administrative function, but the removal for a short time maybe ok i.e. a week or so as that may not be seen as a penalty. But I don't think many people in Ireland would see a week of no driving as a serious imposition.

kidneyfan

Zaidan also refuses to accept drink taken as a mitigating factor, imposes sentence for tiny amounts of weed and believes that 'if you come to this country you should follow the rules'.

http://www.irishtimes.com/news/woman-fined-over-athy-horseplay-1.1070742
http://www.leinsterleader.ie/news/local/man-questions-district-court-but-is-jailed-1-1940175

Del2005

infosys wrote: »

Considering that most Americans are able to have a driving license 5 years before can legally drink then the idea would work for that issue in Ireland it's almost impossible to have a full license before you can drink. Under EU law (but not irish jurisprudence) the removal of a license cannot be done by anyone other than a judge and can't be an administrative function, but the removal for a short time maybe ok i.e. a week or so as that may not be seen as a penalty. But I don't think many people in Ireland would see a week of no driving as a serious imposition.

You don't have to be driving to loose your licence, once your under age and the police catch you drinking then you loose it. It's more the fact that non motoring offences can lead to the removal of a drivers licence

The laws can be changed and the EU has already ruled that driving is a privilege so I can't see it being a major issue to temporarily suspend peoples licences.

If they have to pay for taxis, use public transport or take time off work it would be and it doesn't have to be a week, it could be a longer and longer the more minor offences one commits till your permanently banned. Don't forget that in the UK you can go to jail for breaking an ASBO

downonthefarm

cant you stilll drive if you were banned but it is under appeal?
what if you had accident with no licence,but other driver agreed to sort it between themselves?

Corkbah

kidneyfan wrote: »

Zaidan also refuses to accept drink taken as a mitigating factor, imposes sentence for tiny amounts of weed and believes that 'if you come to this country you should follow the rules'.

http://www.irishtimes.com/news/woman-fined-over-athy-horseplay-1.1070742
http://www.leinsterleader.ie/news/local/man-questions-district-court-but-is-jailed-1-1940175

sounds like he is a decent judge ...enforcing the law !!

ted1

downonthefarm wrote: »

holy crapballs no wonder the prisons are overflowing

Bollox, that's proper order

gumbo1

The swords judge was called Delap, his daughter was killed by joyriders over 20 years ago so he nailed them all to the wall for unauthorised taking of MPV!!!!!

Minimum of 500€ fine and 4 points on any future licence for no insurance/licence. Not sure bout the drunk driving, prob a suspended sentence, depends on judge!!

ted1

Del2005 wrote: »

The US suspends drivers licences for a lot of things, we should do similar here.

Irrelevant if the guy is driving without licence and insurance

downonthefarm

ted1 wrote: »

Bollox, that's proper order

yeah lets throw them all in jail.that will make them not do it again

Pro Hoc Vice

Del2005 wrote: »

You don't have to be driving to loose your licence, once your under age and the police catch you drinking then you loose it. It's more the fact that non motoring offences can lead to the removal of a drivers licence

The laws can be changed and the EU has already ruled that driving is a privilege so I can't see it being a major issue to temporarily suspend peoples licences.

If they have to pay for taxis, use public transport or take time off work it would be and it doesn't have to be a week, it could be a longer and longer the more minor offences one commits till your permanently banned. Don't forget that in the UK you can go to jail for breaking an ASBO

As I said a temporary suspension a matter if weeks is allowed under EU law any thing longer is not, Irish case law says driving is a Privilage EU law does not Malige v France and Escoubet v Belgium.

I personally don't think it would be easy to implement nor in any way would short bans stop offending for underage drinking or litter and as I pointed out under the European Convention on Human rights any long term removal of a licence can not be performed by any body other than a court.

gumbo1

downonthefarm wrote: »

yeah lets throw them all in jail.that will make them not do it again

Better to have some kind of punishment system than letting people GUILTY of crimes walk the street!! At least they won't do it again while their in a prison!! Law and order will prevail at one point or another!!!!

LowKeyReturn

kidneyfan wrote: »

Zaidan also refuses to accept drink taken as a mitigating factor, imposes sentence for tiny amounts of weed and believes that 'if you come to this country you should follow the rules'.

http://www.irishtimes.com/news/woman-fined-over-athy-horseplay-1.1070742
http://www.leinsterleader.ie/news/local/man-questions-district-court-but-is-jailed-1-1940175

Brilliant cases!

LowKeyReturn

gumbo1 wrote: »

Better to have some kind of punishment system than letting people GUILTY of crimes walk the street!! At least they won't do it again while their in a prison!! Law and order will prevail at one point or another!!!!

Durkheim's theory of a society of saints is interesting. If law and order is too efficient crime of a less serious nature is taken to be more serious by society. I can only hope that one day multiple exclamation-marks will be a capital crime. :pac:

gumbo1

LowKeyReturn wrote: »

Durkheim's theory of a society of saints is interesting. If law and order is too efficient crime of a less serious nature is taken to be more serious by society. I can only hope that one day multiple exclamation-marks will be a capital crime. :pac:

Have no idea who Durkheim is so please excuse me! Glad I didn't misspell anything or misplace a comma!!!!!!!!

miller50841

Guys Guys this is the green isle of Eire. It's ok he will be grand he won't see the inside it's only if you don't pay your tv licence he'll be fine....

gustafo

ashleyhere wrote: »

A couple of days ago a relative was stopped and was breathalysed which he failed. Driving daughter's car. Not insured to drive her car and never held a driving licence. Second time he has been done. Total idiot. What's the worst that will happen to him.

he might get jail but in all honestly he won't have to serve it just appeal it. but he is going to be looking at serious time off the road that will all depend when the last offence was, he will also get a huge fine.

ashleyhere

downonthefarm wrote: »

would he be looking at jail just for having no license?it all depends on the judge how long since the last convictione too

It was over 20 years since he was last caught. Then he had a provisional licence. He needs a good slap from the judge. It will be a relief to his family if he never drives again. He is a chronic alcoholic.

odds_on

LowKeyReturn wrote: »

Durkheim's theory of a society of saints is interesting. If law and order is too efficient crime of a less serious nature is taken to be more serious by society. I can only hope that one day multiple exclamation-marks will be a capital crime. :pac:

I much prefer multiple exclamation marks at the end to "hahahaha".

discus

hahahaha!!!

Sala

ken wrote: »

Judge in Naas Judge Zaidan regularly hands down 3 months inside for no Insurance alone.

I heard Judge Zaidan is.. unique