Trouble with the law! HELP!

nicmarie

Hi my brother came home from America a few months ago. He was stupid enough to get a car in his name but has no licence. He was planning to sort that out soon but he was stopped on Friday and told the Guard that he forgot it and now he has 10 days to produce it! I am so scared for him! Does anyone know what he should do!!! He is thinking about leaving the country again.....

I know it was stupid but I dont want him to get in trouble or have to leave... Anyone any ideas??

Carlos Orange

I think you can drive here short term on a US license. Presumably he would still need tax and insurance.
Does he have a US license?

VisibleGorilla

Leaving the country without getting this sorted would be a very foolish mistake.

Get a solicitor asap.

nicmarie

Thanks for your response. No he doesnt have any license. I know it was so foolish! I dont want him to be in a lot of trouble

Pat Mustard

Did he have insurance?

CliCliW

How would any insurance company take it without a licence?

nicmarie

Yes he did have insurance but tax was up a few weeks thats the only reason they asked for his license. If only he gave a different name but he gave his real name. This happened in Cork, he lives miles away. I think he will leave the country.

Carlos Orange

nicmarie wrote: »

Yes he did have insurance but tax was up a few weeks thats the only reason they asked for his license.

I imagine someone who tells lies on his insurance application doesn't actually have insurance even if he gave them some money.

bongda2188

Did he have insurance?

Stheno

nicmarie wrote: »

Yes he did have insurance but tax was up a few weeks thats the only reason they asked for his license. If only he gave a different name but he gave his real name. This happened in Cork, he lives miles away. I think he will leave the country.

How did he have insurance with no licence?

jimmii

nicmarie wrote: »

Yes he did have insurance but tax was up a few weeks thats the only reason they asked for his license. If only he gave a different name but he gave his real name. This happened in Cork, he lives miles away. I think he will leave the country.

Driving without a licence, some how with insurance and now thinking about skipping the country and you wish he would have given the Gardai a fake name? Just has to face up to the consequences here imo.

jimmii

bongda2188 wrote: »

Did he have insurance?

A few posts up OP says they did some how.

Michael D Not Higgins

Stheno wrote: »

How did he have insurance with no licence?

He lied to the insurance company. Fortunately they still cover third party to those people.

Michael D Not Higgins

Okay I reckon there's two possibilities here. One, the OP's brother never had a licence (or worse, is banned) and might be prosecuted. Two, he had a licence once but since expired and can throw himself on the mercy of the courts/Gardaí by renewing and updating all documentation and tax/insurance/etc.

nicmarie

He had a provisional license years ago he was in America for 10 years he needed a car to work I know it was foolish

Stheno

Did he tell the insurance company he had a licence?

slimjimmc

Sorry deleted my post when I read above (post 4) he didn't have any licence.

SillyBeans

So he has no valid licence now? Did he ever have a full licence or just a provisional? How did he get insurance without a valid licence? Did he lie?

nicmarie

Stheno wrote: »

And did he tell the insurance company he had a licence?

To be honest I'm not sure but the car is definitely in his name

SillyBeans

nicmarie wrote: »

To be honest I'm not sure but the car is definitely in his name

That just means he owns the car. Doesn't mean he has insurance. He might be lucky and get away with it but I'd imagine this won't be the last he hears of it

jimmii

nicmarie wrote: »

To be honest I'm not sure but the car is definitely in his name

If you want people to give you advice its best to offer accurate information if you don't know best not to say he has. Does he have any previous convictions or anything?

223vmax

Own up is the best way. Come clean and go and tell Guards what happened and take the rap...At the end of the day he wont receive a custodial sentence, but will get a fine and points. Could be much worse, he could have been cause of an accident and fled scene.....

Its not worth that much worry TBH. I would get sorted PRIOR to going back to US. Last thing he needs is to have it over him not knowing what'll happen if guards come across him again.

Milly33

Is his insurance not void as he didn't have a licence no.... Sounds like in fairness tis his own fault, so let him get the comupins for it..He has to learn somehow..

Maybe he can call down to the local guards and explain all honesty is the best policy (which he has proved already) so if he goes down and admits he was being stupid or took a chance they might be leanant on him. If not lesson learned

awec

nicmarie wrote: »

To be honest I'm not sure but the car is definitely in his name

Doesn't matter whose name the car is in. Wouldn't make a difference if he was driving your car or Santa's sleigh (so long as he was suitably insured on both).

It's not illegal to own a car without having a license, just to drive it on public roads.

Carlos Orange

223vmax wrote: »

At the end of the day he wont receive a custodial sentence, but will get a fine and points.

Hardly likely to get points for driving without a license.

Stheno

psinno wrote: »

Hardly likely to get points for driving without a license.

Two points fixed penalty notice or five if you end up in court

nicmarie

will they definitely follow up the 10days to produce his license? Could he maybe get rid of the car, I aknow I am thinking of things that are wrong but he is not going to go to court he will leave the country before that happens.

Stheno

nicmarie wrote: »

will they definitely follow up the 10days to produce his license? Could he maybe get rid of the car, I aknow I am thinking of things that are wrong but he is not going to go to court he will leave the country before that happens.

It's a fixed penalty notice with a fine and points

You'd swear it was the end of the world the way you are posting

endacl

nicmarie wrote: »

will they definitely follow up the 10days to produce his license? Could he maybe get rid of the car, I aknow I am thinking of things that are wrong but he is not going to go to court he will leave the country before that happens.

I hope he's worrying half as much as you are. I'd take a step back. You can support him without making his stupid problem your problem. He's a big boy. He'll have to deal with the consequences of his choices.

HeidiHeidi

nicmarie wrote: »

will they definitely follow up the 10days to produce his license? Could he maybe get rid of the car, I aknow I am thinking of things that are wrong but he is not going to go to court he will leave the country before that happens.

Will they follow up? Probably, but nobody except the garda in question can answer that. And by the time your brother finds out the answer to that question, it'll be too late.

Getting rid of the car won't achieve much - the offence was committed on the day he was stopped, and told fibs to the garda. Never a clever idea.

Does he really think it'd be preferable to leave the country with a summons/warrant out for him, and either never come back or (since it's not THAT serious an offence, it's not like he killed someone) every time he does come back it'll be hanging over him and he's left wondering and looking over his shoulder the whole time?

I know what I'd be doing. In the greater scheme of things it's not that huge an offence. Fess up and take whatever's coming, and at least it's dealt with.

Carlos Orange

Stheno wrote: »

Two points fixed penalty notice or five if you end up in court

Fair enough. I assumed you couldn't and I didn't see it in the list below but it is
a long enough list so I probably just missed it.

http://www.rsa.ie/Documents/Licensed%20Drivers/Penalty%20Points%20Chart1.pdf