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LP and pulled over... Summons?

  • 03-12-2011 2:51am
    #1
    Registered Users Posts: 122 ✭✭


    Well lads,

    Was pulled over on my learner permit, no L plates up, no fully licensed driver with me (i know it's illegal, you don't need to point out your disgust) and the guard took all my details and as he was walking off said you'll be getting a summons in the post for not having a fully licensed driver next to you. I'm 17, is this right? or was he just trying to scare me?


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Comments

  • Registered Users Posts: 1,002 ✭✭✭dev100


    You'll know in a few weeks. Being only 17 your a prime meat for the guards.


  • Registered Users Posts: 122 ✭✭nickcleverley


    dev100 wrote: »
    You'll know in a few weeks. Being only 17 your a prime meat for the guards.
    But I'm under 18. Thought I can't go to court...


  • Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    But I'm under 18. Thought I can't go to court...
    Of course you can go to court and get a fine and penalty points, not just on your learner permit but they will transfer to your licence if you get one afaik.


  • Registered Users Posts: 122 ✭✭nickcleverley


    Ohhh.. I must have been informed wrong, I thought I could only go to the JLO because I'm under 18


  • Closed Accounts Posts: 384 ✭✭ANSI


    Ohhh.. I must have been informed wrong, I thought I could only go to the JLO because I'm under 18
    but you can drive a deadly vehicle without the qualification and possibly injure/kill someone else


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  • Registered Users Posts: 122 ✭✭nickcleverley


    ANSI wrote: »
    Ohhh.. I must have been informed wrong, I thought I could only go to the JLO because I'm under 18
    but you can drive a deadly vehicle without the qualification and possibly injure/kill someone else
    Yes!


  • Registered Users Posts: 22,198 ✭✭✭✭endacl


    Summons? Learn your lesson. Young fellas.....;-)


  • Closed Accounts Posts: 2,948 ✭✭✭gizmo555


    But I'm under 18. Thought I can't go to court...

    The age of criminal responsibility in Ireland is 12.


  • Registered Users Posts: 122 ✭✭nickcleverley


    gizmo555 wrote: »

    So a 12 year old can appear in court?


  • Registered Users Posts: 25,292 ✭✭✭✭coylemj


    The only effect of being under 18 is that if you get jail time (in this case very unlikely), you cannot be sent to Mountjoy, you'd have to do the time in St. Pat's.


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  • Closed Accounts Posts: 2,948 ✭✭✭gizmo555


    So a 12 year old can appear in court?

    Read the article linked to. The short answer is, yes.


  • Registered Users Posts: 25,292 ✭✭✭✭coylemj


    So a 12 year old can appear in court?

    Yes, in the Children's Court which is the District Court where nobody wears gowns, wigs or uniforms. It deals with cases involving children under 17.


  • Registered Users Posts: 122 ✭✭nickcleverley


    coylemj wrote: »
    Yes, in the Children's Court which is the District Court where nobody wears gowns, wigs or uniforms. It deals with cases involving children under 17.

    Before this gets out of hand, is anyone wise as to what is most likely to happen to me if i get these summons? A fine is it?


  • Registered Users Posts: 22,198 ✭✭✭✭endacl


    Afraid you're nicked. Not too cleverly....


  • Registered Users Posts: 122 ✭✭nickcleverley


    endacl wrote: »
    Afraid you're nicked. Not too cleverly....

    LOL :P


  • Registered Users Posts: 25,292 ✭✭✭✭coylemj


    Yes, you can expect a fine. Might be no harm to get a local solicitor, the right pleading could significantly reduce the fine.


  • Moderators, Society & Culture Moderators Posts: 13,381 Mod ✭✭✭✭Paulw


    A fine of up to €2,000. I think the average is €1,000 fine, but depends on what the garda reports and what the judge decides.

    Is it 5 penalty points too?? I'm not sure on the points side.


  • Registered Users Posts: 122 ✭✭nickcleverley


    Does it not seem very strange that he'd tell me I'm getting a summons and not fine me or charge me there. Like he let me drive on then, didn't even take the car off me like he legally could have..


  • Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    Does it not seem very strange that he'd tell me I'm getting a summons and not fine me or charge me there. Like he let me drive on then, didn't even take the car off me like he legally could have..

    It only sounds strange to someone who has no idea of the law.


  • Registered Users Posts: 122 ✭✭nickcleverley


    MagicSean wrote: »
    Does it not seem very strange that he'd tell me I'm getting a summons and not fine me or charge me there. Like he let me drive on then, didn't even take the car off me like he legally could have..

    It only sounds strange to someone who has no idea of the law.
    Hence me asking people on this?


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  • Moderators, Society & Culture Moderators Posts: 13,381 Mod ✭✭✭✭Paulw


    You get nothing on the side of the road now.

    You'll get something in the post within the next 6 months. That should give you a bit of time to start saving. It's a min of €1,000 fine, but depending on the day, it could be up to €2,000. And then there's the 4 penalty points too.


  • Registered Users Posts: 22,198 ✭✭✭✭endacl


    Ah, you've probably been sweating enough at this stage. Was talking to a Gardai pal over a cup of tea there. Showed him this thread. You'll most likely get a JLO referral. It's in nobody's interest to slap you with a huge fine and points for what could be viewed as youthful silliness! If you demonstrate your really sorry. Ask to talk to the sergeant and explain yourself. Best of luck with it all.


  • Moderators, Society & Culture Moderators Posts: 13,381 Mod ✭✭✭✭Paulw


    endacl wrote: »
    Was talking to a Gardai pal over a cup of tea there. Showed him this thread. You'll most likely get a JLO referral. It's in nobody's interest to slap you with a huge fine and points for what could be viewed as youthful silliness!

    Is your Garda pal in the traffic corps? It's more common for these to be dealt with rather than just a JLO referral - http://www.examiner.ie/ireland/22-learner-drivers-a-day-summonsed-for-breaking-laws-127098.html

    Judges certainly don't see it as simply youthful silliness. They normally view it as willfully breaking the law.


  • Registered Users Posts: 122 ✭✭nickcleverley


    Was talking to my friend. This happened to him in clonmel as well and he got referred to the JLO. I hope that's the case because I'm still in school, I can't afford that kind of fine. Also the traffic corps are so much nicer, I've been pulled by them a few times before and they have never even gave out to me, although I was always in my uniform when they pulled me...


  • Registered Users Posts: 1,892 ✭✭✭ActingDanClark


    If you were taxed and insured he'd have no power to take the car unless he was certain the absence of a qualified driver nullified your insurance. You're entitled to be considered for a JLO caution and presuming you haven't a history with them you'll get one. Bear in mind however details of the caution may be given to a judge if you're convicted of something in the future


  • Registered Users Posts: 1,002 ✭✭✭dev100


    Was talking to my friend. This happened to him in clonmel as well and he got referred to the JLO. I hope that's the case because I'm still in school, I can't afford that kind of fine. Also the traffic corps are so much nicer, I've been pulled by them a few times before and they have never even gave out to me, although I was always in my uniform when they pulled me...


    They're only nice when you ve done nothing wrong. See what happens if you keep driving on your own or be involved in accident or caught acting the maggot etc .


    Oh back to my first post . Learn this Ignorance is no defence of the law


  • Registered Users Posts: 122 ✭✭nickcleverley


    Hello to all,

    2 years, a bit of maturity and a full licence later I am pleased to let you all know that said summons never came.

    I know it's all changed now and they are much stricter so I hope any new drivers don't think it will be so easy to get away with.

    Another thing I would like to add is that looking back now I would recommend anyone to not go out on the road by yourself until you have a full licence.

    Although I wouldn't listen to that when I was 17, I now know by seeing friends have extremely dangerous accidents it is absolutely ridiculous to go out on the road amongst other innocent drivers with so little experience. Some people really can drive who have a provisional but the majority can most certainly not and are lethal. By all means be as careful as possible.

    Nick :)


  • Registered Users Posts: 153 ✭✭Slyderx1


    Hello to all,

    2 years, a bit of maturity and a full licence later I am pleased to let you all know that said summons never came.

    I know it's all changed now and they are much stricter so I hope any new drivers don't think it will be so easy to get away with.

    Another thing I would like to add is that looking back now I would recommend anyone to not go out on the road by yourself until you have a full licence.

    Although I wouldn't listen to that when I was 17, I now know by seeing friends have extremely dangerous accidents it is absolutely ridiculous to go out on the road amongst other innocent drivers with so little experience. Some people really can drive who have a provisional but the majority can most certainly not and are lethal. By all means be as careful as possible.

    Nick :)
    yeah yeah you're smug now but if Judge Finn had got his teeth into you you'd still be on a tricycle...bear in mind that a high proportion of accidents occur within 2 years of passing the test.....


  • Registered Users Posts: 122 ✭✭nickcleverley


    Slyderx1 wrote: »
    yeah yeah you're smug now but if Judge Finn had got his teeth into you you'd still be on a tricycle...bear in mind that a high proportion of accidents occur within 2 years of passing the test.....

    Well aren't you a bundle of joy.


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  • Registered Users Posts: 78 ✭✭voter1983


    If you are under 18 you must be first considered for the JLO before you can be summonsed. You should be ok once you've not had JLO's before.


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