I heard a story today...... (legal issue)

godskitchen

Mods, please move this to the legal section if you see fit.....

I heard a story today.... (no, it's not me in the story)

This story is as follows....

Driver caught driving without tax and nct. Had insurance.

Given 2 options by the Garda that stopped them.

Option 1: Pay a fine, scrap the car, walk away.

Option 2: Go to court and lose your licence and get a massive fine.

I couldn't believe it when I heard it. It sounds outlandish to me.

Do the Garda now have the power to be judge, jury and executioner?

131spanner

godskitchen wrote: »

Option 1: Pay a fine, scrap the car, walk away.

Option 2: Go to court and lose your licence and get a massive fine.

Correct me if I'm wrong, but basically the Garda gave him the option of losing either the car or his license?

Sounds like a load of shíte if I'm picking it up right.

Cleveland Hot Pocket

131spanner wrote: »

Correct me if I'm wrong, but basically the Garda gave him the option of losing either the car or his license?

Sounds like a load of shíte if I'm picking it up right.

+1
Its bs.
They can confiscate the car but you pay a small fine and take it back.
You don;t even need to pay the back tax if you can trailer the car away!!

godskitchen

131spanner wrote: »

Correct me if I'm wrong, but basically the Garda gave him the option of losing either the car or his license?

Sounds like a load of shíte if I'm picking it up right.

The way it was told to me (by someone not known for drama or hyperbole) was that if they scrapped the car and pay something in the region of €250 fine then they walk away.

If they remove the car from the Garda compound on a low loader then:

They will be going to court

They will lose their licence

ba_barabus

I think whoever told the story may have it arseways.

godskitchen

ba_barabus wrote: »

I think whoever told the story may have it arseways.

I would think so too if I was hearing this from someone on line.

The person that told me is not one to get facts wrong. They would have quizzed the person that told them, in this case the person that was stopped by the Garda.

They have asked for the "deal" in writing so it will be interesting to see what happens.

Chimaera

I don't see how you'd lose your licence for no NCT or Tax, unless you racked up enough points to lose it in that manner.

bcmf

In fact isnt it even against EU law for the Gardai to remove/impound your goods for tax reasons/arrears.
No link as it was mentioned on a FB page thats in my feed. It was confirmed to be correct but no link!

godskitchen

Chimaera wrote: »

I don't see how you'd lose your licence for no NCT or Tax, unless you racked up enough points to lose it in that manner.

No points, no convictions, driving or otherwise.

Chimaera

godskitchen wrote: »

No points, no convictions, driving or otherwise.

What I meant was I don't see how a court conviction on either of those offences would result in someone losing their licence.

godskitchen

Chimaera wrote: »

What I meant was I don't see how a court conviction on either of those offences would result in someone losing their licence.

Yep, I just wanted to clarify.

Cheers

Cleveland Hot Pocket

bcmf wrote: »

In fact isnt it even against EU law for the Gardai to remove/impound your goods for tax reasons/arrears.
No link as it was mentioned on a FB page thats in my feed. It was confirmed to be correct but no link!

Yes, it is illegal for goods to be seized if they exceed the value of the debt

GrumpyMe

Cleveland Hot Pocket wrote: »

Yes, it is illegal for goods to be seized if they exceed the value of the debt

Don't think it is considered to be "seizing goods".
They are removing a vehicle from the road because it isn't certified fit to be on the road. You have to pay for the cost of removal and storage if you want it back.
The fines/points etc is a separate issue.

corktina

This really is a non-thread. BS as said before

godskitchen

corktina wrote: »

This really is a non-thread. BS as said before

What's BS?

I have now spoken to the person that was pulled over and they are telling me the same story.

The same "deal" was offered to their solicitor.

I can't see any reason for the person to make all this up

Cee-Jay-Cee

Need more details. Is it possible the car was a piece of scrap that shouldn't have been on the road (of which there are many) and the guard was giving him a chance to get rid of it and take a small fine or go to court and explain his reason for driving such a piece of (possibly dangerous) scrap to the judge?

filbert the fox

godskitchen wrote: »

Mods, please move this to the legal section if you see fit.....

I heard a story today.... (no, it's not me in the story)

This story is as follows....

Driver caught driving without tax and nct. Had insurance.

Given 2 options by the Garda that stopped them.

Option 1: Pay a fine, scrap the car, walk away.

Option 2: Go to court and lose your licence and get a massive fine.

I couldn't believe it when I heard it. It sounds outlandish to me.

Do the Garda now have the power to be judge, jury and executioner?

I'm personally sick of hearing this type of scenario. There was a time when you'd be mortified to say that the Guards were on your case. Now it's like they're perceived as victimising people just by doing their job. I'd say they're at the end of their tethers with the multitude of excuses people come up with for not doing their civic duty and paying their due.

The cute hoor mentality is no longer tolerated. Pay up or pay the consequences.

Don't expect a sympathetic ear from the law enforcers any more. They're entitled to expect that you drive a roadworthy vehicle which is taxed.

Now a bit of humility for a change please.

djimi

godskitchen wrote: »

What's BS?

I have now spoken to the person that was pulled over and they are telling me the same story.

The same "deal" was offered to their solicitor.

I can't see any reason for the person to make all this up

If what you are being told is true then you are not getting the full story. It is, of course, possible that your friend just came across a dickhead Garda on a powertrip (it happens, especially if they are given some stick...), but Im going to hazard a guess that there is more to this story than you are being told. Option 1 is valid; they can pay the fine, scrap the car and walk away. The Garda must have a reason for suspecting that option 2 is the other likely scenario though.

h3000

filbert the fox wrote: »

I'm personally sick of hearing this type of scenario. There was a time when you'd be mortified to say that the Guards were on your case. Now it's like they're perceived as victimising people just by doing their job. I'd say they're at the end of their tethers with the multitude of excuses people come up with for not doing their civic duty and paying their due.

The cute hoor mentality is no longer tolerated. Pay up or pay the consequences.

Don't expect a sympathetic ear from the law enforcers any more. They're entitled to expect that you drive a roadworthy vehicle which is taxed.

Now a bit of humility for a change please.

I don't think that the OP is suggesting that anyone should not comply with their civic duty.

The issue is more to do with the the options supposedly given to the driver of the car by the Gardai. They don't really fall into the published laws regarding the issue.

godskitchen

h3000 wrote: »

I don't think that the OP is suggesting that anyone should not comply with their civic duty.

The issue is more to do with the the options supposedly given to the driver of the car by the Gardai. They don't really fall into the published laws regarding the issue.

100%. I'm of the opinion that you break the law you pay, whatever that may be.

This "case" didn't feel right or just to me so I was looking for other opinions

ShaunieVW

Tax isnt even a point offence and nct is 5 points. If the gardai impounded it then he will need to pay the fine for no nct, back tax the car ,pay release fee for the car and book an nct. Thats all.

Rubberchikken

maybe it's an example of how certain gardai get a bit carried away with their perceived power.

oldyouth

godskitchen wrote: »

What's BS?

I have now spoken to the person that was pulled over and they are telling me the same story.

The same "deal" was offered to their solicitor.

I can't see any reason for the person to make all this up

So, if the person has instructed a solicitor and they too have been offered the 'deal', we are talking about a prosecution well down the road here.

Anjobe

According to the list of penalty points offences using a vehicle with no NCT is a mandatory court appearance, so even option 1 is bullflop.

Pro Hoc Vice

godskitchen wrote: »

What's BS?

I have now spoken to the person that was pulled over and they are telling me the same story.

The same "deal" was offered to their solicitor.

I can't see any reason for the person to make all this up

They are making it up, AGS do not have the power to take a person's licence only a judge does and AGS would not offer what I would think is an illegal deal to a solicitor, they may something like your licence is at risk of the judge in this district is mindful to take a licence. But as a deal no this is not the USA.

djimi

Pro Hoc Vice wrote: »

They are making it up, AGS do not have the power to take a person's licence only a judge does and AGS would not offer what I would think is an illegal deal to a solicitor, they may something like your licence is at risk of the judge in this district is mindful to take a licence. But as a deal no this is not the USA.

They might also know of a reason why 5 points would equate to a driving ban (ie the person in question is already on 7+ points), which is why I am questioning whether or not the full story is being disclosed here.