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140km in 120km and no valid nct cert at time...court summons

  • 01-05-2014 6:11am
    #1
    irelandhouse
    Registered Users Posts: 137 ✭✭


    Hi there. Outline of issue is...
    Was stopped by Gardai doing 140 in 120km zone. Nct had expired by a number of months. Was asked to produce valid cert within ten days.

    Did not produce the cert.
    It needed new shocks and I couldn't afford it at the time.
    Genuinely forgot about it until the court summons!

    Have gotten car retested and certified. All tax etc up to date and have had no other issues.

    I currently don't have any other points on licence.

    Should I get solicitor for court? Know it was a stupid thing to have let it slip in first place.

    A lot going on with changing jobs and other stresses that let it slip and was my own fault.


Comments

  • #2
    fiverfriday
    Registered Users Posts: 194 ✭✭fiverfriday


    Bring everything you have to court, Driving licence, NCT, tax, etc. Explain to the Guard before it starts. No NCT is mandatorty five points. I wouldn't bother with solicitor tbh.

    Did you recieve a fine for speeding?


  • #3
    bop1977
    Registered Users Posts: 1,050 ✭✭✭bop1977


    It's a joke of a system. €80 fine for speeding but court for no nct.


  • #4
    sogood
    Registered Users Posts: 1,258 ✭✭✭sogood


    bop1977 wrote: »
    It's a joke of a system. €80 fine for speeding but court for no nct.

    It depends on how you look at it. Speeding is speeding alright, but it's something many of us do, "accidentally" either because our right foot gets a bit heavy on a long monotonous motorway drive, or because we didn't notice the lower speed limit coming into effect, having missed the sign.

    Driving without a valid NCT comes into the realm of "premeditated". You don't accidently drive with no NCT, as "forgetting" isn't a defence. So, it could be viewed that both offences warrant a court appearance, but an allowance is made in the case of speeding, and so a fine etc. will suffice.

    A valid NCT is a legal requirement, no NCT, no drive! And doing 140kph with (by OP's own admission ) bad shocks is not to be recommended.

    As another poster suggested, bring your paperwork, speak to the guard beforehand and hope for the best. I think a solicitor will only add unnecessary expense, but expect some points.


  • #5
    Santa Cruz
    Banned (with Prison Access) Posts: 3,126 ✭✭✭Santa Cruz


    Have everything up to date, speak with the Garda beforehand and be prepared to speak to the Judge when the case is being dealt with. Tell him of your previous good record, employment etc. Good luck


  • #6
    Cabaal
    Moderators, Technology & Internet Moderators, Regional South East Moderators Posts: 28,462 Mod ✭✭✭✭Cabaal


    sogood wrote: »
    Driving without a valid NCT comes into the realm of "premeditated". You don't accidently drive with no NCT, as "forgetting" isn't a defence. So, it could be viewed that both offences warrant a court appearance, but an allowance is made in the case of speeding, and so a fine etc. will suffice.

    Got to agree, its pretty much premeditated

    The excuse of "I forgot" just doesn't cut it when it comes to NCT's, the same as it doesn't work for no insurance.


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  • #7
    Theanswers
    Registered Users Posts: 697 ✭✭✭Theanswers


    How long did it take for the summons to arrive?


  • #8
    jhegarty
    Registered Users Posts: 6,434 ✭✭✭jhegarty


    Cabaal wrote: »

    The excuse of "I forgot" just doesn't cut it when it comes to NCT's, the same as it doesn't work for no insurance.

    I would agree as well , if there wasn't a 3 month wait for NCT appointments.


  • #9
    K.Flyer
    Registered Users Posts: 8,565 ✭✭✭K.Flyer


    Cabaal wrote: »
    sogood wrote: »
    Driving without a valid NCT comes into the realm of "premeditated". You don't accidently drive with no NCT, as "forgetting" isn't a defence. So, it could be viewed that both offences warrant a court appearance, but an allowance is made in the case of speeding, and so a fine etc. will suffice.

    Got to agree, its pretty much premeditated

    The excuse of "I forgot" just doesn't cut it when it comes to NCT's, the same as it doesn't work for no insurance.

    But there are no 140kph speed zones in the country, so OP was not paying attention to the driving either.


  • #10
    djimi
    Registered Users Posts: 13,238 ✭✭✭✭djimi


    jhegarty wrote: »
    I would agree as well , if there wasn't a 3 month wait for NCT appointments.

    There is absolutely no reason to wait 3 months for an NCT appointment.


  • #11
    Cabaal
    Moderators, Technology & Internet Moderators, Regional South East Moderators Posts: 28,462 Mod ✭✭✭✭Cabaal


    jhegarty wrote: »
    I would agree as well , if there wasn't a 3 month wait for NCT appointments.

    Really?
    "Might" be in some parts but its certainly not the case in every NCT center, Last person I know that booked an NCT managed to book it 7 days away.

    When I last booked mine I managed to get a booking 2 weeks out,


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  • #12
    Valetta
    Closed Accounts Posts: 2,611 ✭✭✭Valetta


    jhegarty wrote: »
    I would agree as well , if there wasn't a 3 month wait for NCT appointments.

    Just apply for it three months in advance.


  • #13
    BMJD
    Registered Users Posts: 2,694 ✭✭✭BMJD


    you can book it up to 3 months before the due date anyway


  • #14
    sogood
    Registered Users Posts: 1,258 ✭✭✭sogood


    jhegarty wrote: »
    I would agree as well , if there wasn't a 3 month wait for NCT appointments.

    Totally academic as the Op hadn't even booked an NCT. Otherwise he would have had a booking confirmation, which according to the people at the NCT, should suffice in the event of being stopped. He knowingly drove, in excess of the maximum permitted speed limit, with no NCT and defective shocks.


  • #15
    Caliden
    Registered Users Posts: 5,982 ✭✭✭Caliden


    Getting back on topic, the OP's question was: "Should I get solicitor for court?"

    Yes.


    /thread.


  • #16
    mloc123
    Registered Users Posts: 9,454 ✭✭✭mloc123


    jhegarty wrote: »
    I would agree as well , if there wasn't a 3 month wait for NCT appointments.

    There isn't.

    And even if there was, I am sure if you produced a letter with an appointment date the Garda might be somewhat understanding.


  • #17
    RustyNut
    Registered Users Posts: 3,430 ✭✭✭RustyNut


    Op if you can afford it you would be much better off showing up in court with a solicitor that is local to the court. They will know the Judge and present your case accordingly, if you go on your own its very easy to say the wrong thing and irritate the Judge.

    The penalty for no nct is 5 points, nearly half your licence. it would be worth it to me to drop a few euros just to get the paperwork checked over and if that was all ok then they will advise you how to go.

    If you have the time you could go to the court some day before your case, sit down the back and see which solicitor is getting the best results for their clients ,approach her/him outside and have a word.


  • #18
    Maphisto
    Closed Accounts Posts: 1,014 ✭✭✭Maphisto


    bop1977 wrote: »
    It's a joke of a system. €80 fine for speeding but court for no nct.

    Well its certainly different years ago I had a collision (not my fault) in UK. Police turned up and gave everyone a "producer". $hit MOT expired by 2 months.

    Went to the Police produced everything but saved the best till last (Why was he going to forget) anyway I'm really sweating now. I tell the guy and he cautions me. He says do you want to say anything? I say I don't know in my stupidest little boy voice ever - He says well you could say you thought it was May and not March and its not like you get a reminder.

    Got a letter from the Inspector saying they would take no action.

    Doesn't help you in the slightest but if it was me I would take a solicitor.


  • #19
    flyingsnail
    Registered Users Posts: 2,752 ✭✭✭flyingsnail


    mloc123 wrote: »
    There isn't.

    And even if there was, I am sure if you produced a letter with an appointment date the Garda might be somewhat understanding.

    There is, on the 3rd of April the next available date for me to book in Limerick was the 28th of June. I am off this week and I managed to get a cancellation in Charleville instead. You can get one quick enough if you are free to take but not if you try to book in advance.


  • #20
    Supergurrier
    Registered Users Posts: 7,288 ✭✭✭Supergurrier


    flyingsnail wrote: »
    There is, on the 3rd of April the next available date for me to book in Limerick was the 28th of June. I am off this week and I managed to get a cancellation in Charleville instead. You can get one quick enough if you are free to take but not if you try to book in advance.

    Don't use the website ring them minute they open Monday morning looking for cancellations

    Also be willing to travel. Last year I was looking at a 9 week wait did the above got a cancellation the next day in a test centre 45 minutes away.


  • #21
    mb1725
    Registered Users Posts: 1,381 ✭✭✭mb1725


    As Columbo would say: Just one more thing: I don't think the OP should mention the dodgy shocks to the judge as a defence. Might not impress him/her.


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  • #22
    dr.fuzzenstein
    Banned (with Prison Access) Posts: 16,635 ✭✭✭✭dr.fuzzenstein


    You need this guy:

    http://www.bettercallsaul.com/


  • #23
    bazz26
    Registered Users Posts: 51,111 ✭✭✭✭bazz26


    Similar thing happened to someone I know OP. NCT was out about 9 months and got pulled for speeding by the infamous Robocop, 2 points for speeding then separate court summons for the expired NCT. Traded the car for another one between the date of the offense and court date. They went into court and pleaded guilty, had no previous convictions, no BS excuses or solicitor, the judge issued a fine (€150 I think), no penalty points for the expired NCT.

    So my advice is get the car NCT'd asap, make your appearance in court with proof of such, put your hands up and admit you should have got it done rather than making excuses by pleading ignorance and then take the fine on the chin.


  • #24
    Zubeneschamali
    Registered Users Posts: 16,686 ✭✭✭✭Zubeneschamali


    irelandhouse wrote: »
    Should I get solicitor for court?

    I would get a solicitor, a suit and tie, and a shave and a haircut. It's bull, but judges are old and stupid like that. Talk to the solicitor beforehand, not on the steps of the court.


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