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Got a notice I was banned from driving and no idea why

  • 27-03-2022 2:00am
    #1
    Registered Users Posts: 472 ✭✭utmbuilder


    Things lately have been hard in my life but fighting through this rough patch random crap lunacy going on. This is the latest.


    So I am a full licensed driver 39, 6 years no claims , 5 points.

    Today I go home to my mom's there's a letter from the district court I am banned from driving almost passed out, and I have to send in my license. No reason why I am banned it says 1 offense disq, no summons prior just a traffic core gardas name and the date the court placed the 2 year ban march 16th to start 31st of march.

    So went back through any stops or checks I had with the gaurds and in Feb 2020 I was clocked going 15km maybe 20km max in a 60 zone over the limit got my fine paid it and got my points it brought me to 5 points.

    Still lost as to why no summons and wondering if someone used my name or something I went searching through my records I keep everything I produced my license on Feb 19th 2020 after being stopped Feb 7th 2020. So now I am thinking the offense was not producing my license and the summons just didn't come in the post.

    I have a stamped form saying I produced my license thankfully with a garda name and number on it. Not many would keep this. But i produced it 2 days late.


    Will run in and appeal on Monday hopefully they let me in the court office with the restrictions.


    But really really struggling that basically before today everything was fine.



«1

Comments

  • Registered Users, Registered Users 2 Posts: 3,263 ✭✭✭alan partridge aha


    It is a strange one alright, dont know what advice to give you but I hope you get it sorted



  • Registered Users Posts: 472 ✭✭utmbuilder


    Me too. The Gaurd was OK too from what I recall will update you. Lucky there's a few days left to appeal it to circut Court and talk to the copper in between. Hoping they will still give me legal aid and won't end up forking out hundreds



  • Registered Users, Registered Users 2 Posts: 576 ✭✭✭kuro2k


    I live on a 60km zone, if you were caught 15-20 km over 60km limit you should have lost licence rather than fine & points

    sick of Garda discretion



  • Registered Users Posts: 472 ✭✭utmbuilder


    Was the dual carriage way after the texaco Navan Road. I am not really a fast driver that day was late for a meeting before covid arrived.



  • Registered Users Posts: 508 ✭✭✭dickdasr1234


    And you would insist that anyone breaching any 60kph limit in this country should be banned? Have you personally checked all the 60kph limit zones in this country?



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  • Registered Users, Registered Users 2 Posts: 576 ✭✭✭kuro2k


    I don’t care how late you were that day, why is your time so important that you feel it’s ok to drive + 15/20km over the limit and put other users at risk

    irish road are so dangerous these days, Garda are no where to be seen so if you were caught you deserve it, you took risk, take the punishment



  • Registered Users, Registered Users 2 Posts: 761 ✭✭✭GSBellew


    The notice of disqualification should give details of the offence which you were prosecuted for?

    Regardless of the above, your first step should be to get a solicitor to act on your behalf, they can apply to the court to have the start of the disqualification postponed (recognisance) pending a formal appeal which will buy a bit of time.

    Then you will have to get a copy of the summons and formulate an appeal from there on.

    You definitely want a solicitor though.



  • Registered Users, Registered Users 2 Posts: 2,470 ✭✭✭WishUWereHere


    Sorry but something isn’t right here. You say clocked ‘going 15 maybe 20 km max over the limit in a 60 zone’.

    Which is it? When there are legal issues involved, I would have thought the facts have to be spot on.

    I am no legal expert but to lose a license over doing 75 in a 60 zone? Really?

    Post edited by WishUWereHere on


  • Registered Users, Registered Users 2 Posts: 3,562 ✭✭✭celt262


    He did take the punishment, points and fine should that not have been the end of it?



  • Registered Users, Registered Users 2 Posts: 1,176 ✭✭✭Whocare




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  • Registered Users, Registered Users 2 Posts: 19,480 ✭✭✭✭road_high


    I thought for something like a Summons would have to be delivered to you via registered post or directly by a Garda?



  • Registered Users, Registered Users 2 Posts: 7,706 ✭✭✭whippet


    There is something not quite right here .. I doubt there is a disqualification over a speeding issue ...you said you got 5 points for the initial offence? Which is more than what a speeding FPN would be?

    it seems that you missed / ignored a summons and didn't show to court where you were disqualified in your absence.

    goes to show the importance of updating your actual address when you move so the summons / FPN arrive to where you actually live and you are not depending on someone getting your post and not throwing it out / forgetting to tell you


    edit ... sorry just realised you said it brought you to 5 points .. not 5 points for the offence



  • Registered Users, Registered Users 2 Posts: 5,193 ✭✭✭mikeecho


    Is the op on a learner's permit?

    If so. You only have 7 points before a ban.


    So, if he had 5 points, and received another 2 (or more) in court, having been convicted in his absence.. he gets to cycle a bike for a bit.


    Only the op has the correct info



  • Registered Users, Registered Users 2 Posts: 10,071 ✭✭✭✭dodzy




  • Registered Users Posts: 472 ✭✭utmbuilder


    Not on learner permit license My license is 10 years old full license , no previous bans


    The only thing I can see until I find out what the charges where tomorrow is I did produce my license on Feb 19th when 10 days would be Feb 7th so maybe that's why the ban and the court believed I ignored being called to court

    Paying the points has a record I have a license but it must me producing 2 days late.


    Hopefully court clerk can tell me what the offenses are on requesting appeal tomorrow.



  • Moderators, Business & Finance Moderators Posts: 10,443 Mod ✭✭✭✭Jim2007


    What difference does it make or do you think you should be allowed to pick and choose when you obey the law? If someone is caught going 30% above the speed limit they are an idiot and without a doubt should be off the road.



  • Moderators, Business & Finance Moderators Posts: 10,443 Mod ✭✭✭✭Jim2007




  • Moderators, Business & Finance Moderators Posts: 10,443 Mod ✭✭✭✭Jim2007


    The OP does not even know if the ban relates to case he is referring to. Mistakes happen, but the court system does not have reputation for bad record keeping. Most likely a post mix up or his parents failed to pass on his mail.



  • Registered Users, Registered Users 2 Posts: 5,193 ✭✭✭mikeecho


    OP Keep us updated.


    It'll be interesting how you went from 5 to 12(+?) Points

    It might be a clerical error.

    Any chance you could upload a pic of the correspondence you've received with personal info blacked out.


    But you should contact the RSA. And look for a list of penalty points you've received for what offences on particular dates.



  • Registered Users, Registered Users 2 Posts: 46,321 ✭✭✭✭muffler


    I don't believe a ban would be imposed for not producing your licence within the required period. It's an interesting scenario and I hope you get it sorted.



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  • Registered Users Posts: 100 ✭✭TheShepard


    This is a ridiculous statement! I was very late for work which was quite important at the time and a speed van caught me at 98km/h in a 5km/h stretch, bare in mind this is 4.30 am in the morning, and no one on the road. All I got was a fine and 3 penalty points. I'm pretty sure the speed van follows the law and therefore I can't see how 15-20km/h warrants a ban?



  • Registered Users Posts: 100 ✭✭TheShepard


    You can say I deserved a ban but if you saw the road you wouldn't say it was excessive speed either, granted a little but in my opinion, the road is a speed trap and is a ridiculously low-speed limit.



  • Registered Users, Registered Users 2 Posts: 4,242 ✭✭✭brokenangel


    Why doesn't the OP just go down to the local Garda station and ask what is happening?

    All stations will have access to pulse and tell you what the issue is. I very much doubt it is speeding in 60km



  • Registered Users, Registered Users 2 Posts: 3,646 ✭✭✭washman3




  • Registered Users Posts: 100 ✭✭TheShepard


    Also, it can't be for the same offense because you have already been punished!



  • Registered Users, Registered Users 2 Posts: 32,136 ✭✭✭✭is_that_so


    There are plenty of such roads to get annoyed about but you run the risk of points if you decide to make up your own rules about speed. Councils set local speeds so get onto councillors rather than put your own insurance costs and potentially your licence at risk.



  • Registered Users, Registered Users 2 Posts: 20,111 ✭✭✭✭cnocbui


    Limit is 30 and you do 40. I think you are playing the righteous hard man for effect. There is no sense to your taliban type attitude anyway.



  • Registered Users, Registered Users 2 Posts: 3,263 ✭✭✭alan partridge aha


    And you hand on heart can say that you never went 30% over the limit.



  • Registered Users Posts: 1,087 ✭✭✭BnB


    Are you in Clare by any chance ?

    Same thing happened to me about 4 years ago. Came home one day to find a letter saying I was off the road for 6 months. Hadn't a clue what it was about. Got a solicitor on the case and he lodged an appeal straight away (which meant me not having to go off the road as that was on-hold now until after the appeal).

    It turned out that I had a court date that I had missed for being stopped without my license or insurance or something like that on me and not subsequently bringing it to the station. I had never got notification of the date in court at all.

    The day the case was on (that I didn't show up) the Judge lost the head and everyone who didn't show up, he put them off the road for 6 months.

    The day I went in for my appeal the court was packed with people like me. I remember a few of them had only been in court for a parking ticket in Ennis and had ended up off the road. They were all overturned the day of the appeal by a different judge.

    Talking to my solicitor and judging from the smiles of some of the court staff at all the appeals, this was something the same judge was known for. He took it very personally when people didn't show up to his court.



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  • Registered Users Posts: 100 ✭✭TheShepard


    I totally agree, in general, I don't speed this was a once-off and happened to be a speed van as cliché as it sounds. I'm not that kind of guy to writing emails or letters so I'll take my punishment 😅



  • Registered Users, Registered Users 2 Posts: 1,398 ✭✭✭AyeGer


    Ring the Garda station I’d say they could look up the reason you were disqualified



  • Moderators, Business & Finance Moderators Posts: 10,443 Mod ✭✭✭✭Jim2007


    Yes without hesitation, never in my life have I broken a speed limit and I have been around a while, I 59 years old.



  • Moderators, Business & Finance Moderators Posts: 10,443 Mod ✭✭✭✭Jim2007


    The law is the same for you as everyone else and if you exceed the limit by 25% then you absolutely should be severely punished. Your sense of entitlement is amusing.



  • Registered Users, Registered Users 2 Posts: 20,111 ✭✭✭✭cnocbui


    Join the Taliban, you'll feel right at home. It's not about me, it's about the OP.



  • Registered Users, Registered Users 2 Posts: 15,608 ✭✭✭✭elperello


    OP

    Instruct a solicitor without any further delay.

    The outlay will pale into insignificance compared to the cost of a driving ban.



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  • Registered Users, Registered Users 2 Posts: 3,417 ✭✭✭griffdaddy


    If you've never gone above 30km/h in a 30km/h zone you're either lying or probably driving more dangerously than someone who does go slightly above 30km/h.



  • Registered Users, Registered Users 2 Posts: 3,506 ✭✭✭Killinator


    If you got stopped for speeding and didn't have a licence on you then the Grada may have demanded production of same.

    Once they issue a ticket for speeding they can tick a box saying a demand was made for licence/insurance.

    This will be logged on system. If no production of licence/insurance is recorded within the speciifed 10 days (non production itslef is an offence seperate from not having the licence/insurance at the time) then a summons will be issued automatically via the system.

    So if you produced 2 days late then the system will not have seen that and created a summons automatically with no input from the original Garda.

    You say you didn't receive it but it could have easily been missed by the family if it was posted, they don't have to be hand delivered to you in person.

    So if you didn't attend the court on the summons for whatever reason then it could have gone ahead in your absence (if there was no risk of a custodial sentence) and with no defence on your part you'd more or less automatically be found guilty and then get the subsequent conviction/penalty imposed.

    If it is incorrect and you had everything in order (assuming it's over a failure to produce) then appeal it asap



  • Registered Users, Registered Users 2 Posts: 12,917 ✭✭✭✭Toyotafanboi


    Ah lad, you do have some idea!



  • Registered Users, Registered Users 2 Posts: 20,272 ✭✭✭✭Donald Trump



    Not nearly as dangerous as the "driver" who thinks that they are special and therefore the rules only apply to others...........seems to be plenty of those around who think they should be afforded some kind of exemption status.



  • Registered Users, Registered Users 2 Posts: 3,263 ✭✭✭alan partridge aha


    That's is without doubt the biggest lie anyone has ever written on boards. You have never gone even 1kmh over the limit.



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  • Registered Users, Registered Users 2 Posts: 3,263 ✭✭✭alan partridge aha


    There is a 50kmh speed limit down the road from me. Country Road and the sign is a good half mile from the village. Without doubt 99% of drivers would break that limit and defo well over half would drive 30%+ over that. Above 65kmh.

    The only one I see not breaking is an alcoholic who drives everywhere at 50.

    Sign in a stupid area.



  • Registered Users, Registered Users 2 Posts: 2,470 ✭✭✭WishUWereHere


    Agree. And how anyone sticks to 30kph on the quays is not human 😃



  • Posts: 0 [Deleted User]


    Are you sure you have added up your points correctly? Your maths don't seem too strong.

    Clocking 98 in a 60 zone is 38kph over the limit, not "15 or 20"

    (Also who has "very important meetings" at 4:30am? 😏)



  • Registered Users Posts: 472 ✭✭utmbuilder


    Hi guys, done a lot of searching today and found a heap of paperwork and the story is changing slightly


    1. feb 6th I was speeding in a "special speed zone" over 60km an hour
    2. I have a pulse sheet stamped I produced my license on feb 19th (very late hands up) the address I put down on producing is different to my home address, its my granmothers a few doors up from me, (again may caused an issue, but my full license was produced late)
    3. Fixed penalty notice came, I missed paying it and was awating 7 days to pay via a court summons, this took ages but caught it on time
    4. Sorry if I was sketchy on this i deal with so much admin between revenue and customers (my work) i actually didnt remember
    5. This happened Jan 2021 and I have RSA documents showing I got the 3 penalty points after paying the court summons, my total points are 3 to now (well technically im banned)
    6. I have found my insurance payments to the insurance company for the said dates, although dont have the policy documents being it an old car and it the weekend, this wasnt request so I assume it was in the window
    7. RSA still have the 3 points for speeding on my license thats what i have in total
    8. The summons I paid within the period your allowed would not have been the March 2022, would of been a 2021 date of sometime

    Still dont know the offense will tomorrow at 2.30 if the court office tells on appeal been calling a solicitor no joy yet. Going to mail Gaurd all details in traffic core.

    Either this is all down to the license not being produced or a failure between the RSA NDLS and the Court Summons after the 56 day period had a glitch and paperwork ended up going to court without notifying me.


    In regards to being served for the court date, its d7 so very busy copys normally delivery by hand so many they didnt get anyone, no post got accepted or came through the letterbox.


    So thats all details, the court banning me for driving says 1 offense dsq so I will know what that is at 2.30 hopefully and will tell you. I will try call a garda station now however dont think they will know.



  • Registered Users, Registered Users 2 Posts: 11,265 ✭✭✭✭Jim_Hodge


    Sorry if I was sketchy on this i deal with so much admin between revenue and customers (my work) i actually didnt remember

    I hope you do better admin at work than in your private life. 😊

    You'd want to sort out what addresses you're using: Between your own, your parents' and grandmother's it's no wonder if something went awry.



  • Registered Users, Registered Users 2 Posts: 3,506 ✭✭✭Killinator


    As I told said already, you produced late and this would have automatically been checked on the system and created a seperate summons which you don't pay, you go straight to court for no production.

    The summons was sent to the address you provided previously and that's probably why you missed it.

    Hence you were not in court when you were likely convicted of not having a driving licence/non production of same



  • Registered Users, Registered Users 2 Posts: 46,321 ✭✭✭✭muffler


    You're mixing up 2 different posts from 2 different users.





  • I am not one for breaking the law on the road as it is a matter of safety, but I think to lose a license for two years may be a little harsh.

    I strongly recommend OP to employ a solicitor to look after this one, and then to get a mindset to stick to the rules when driving in future.

    (Making a mental note not to post in Business & Finance, not that it is presently an area of interest.)



  • Registered Users, Registered Users 2 Posts: 3,506 ✭✭✭Killinator


    The OP hasn't lost his licnece for a bit of speeding. Whatever has happened that is not the case



  • Registered Users, Registered Users 2 Posts: 3,785 ✭✭✭...Ghost...


    Real mature at 59 berating someone online who admitted to speeding. Nobody believes your claim about never speeding. More like never been caught, or never driven.


    Plenty of speed traps on long stretches of 50 or 60kmh roads with no history of RTA injuries or deaths. I myself was clocked at 80 in a 60 zone (R139...look it up). Long straight road and great visibility. Used to be an 80 road. I drive an EV, so tend to drive below the limit or with traffic. Everyone was overtaking me, including a large truck at the time I was clocked. No points in 20 years and rarely would be over the limit. Plenty of money made that day. Our system is garbage and draconian. The Germans have a progressive system we should copy. Smaller penalties for minor excursions from the limit and increased as your speed does. Over here, you get the same points if 5 or 50 over limit. You also get a fine AND the insurance company gets their pound of flesh for points levied or pending. A joke.

    Stay Free



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