Going to court, help needed.

Canonfan

Dear all,
Any advices will be appreciated.

On the 05/12/2006, I failed to stop for Garda. It was in the evening and no lights on that road. I only saw them when I passed them and stopped 50ms away. I apologiesed and explained why I didn't stop.

They asked me to go to any Garda station to photocopy my NCT and insurance certs. I went to Pearse Station the following morning. One Garda photocopied everything and told me not to worry.

Today I received Summons with the following charges:
1. Failing to stop for Garda
2. Fail to produce NCT test certificate
3. Use vehicle without NCT certificate
4. Failure to be accompanied by a qualified driver
5. No insurance
6. Failure to produce insurance certificate

I'm really upset now. I accept that I failed to stop for Garda and wasn't accompanied by a full-licensed driver. However, I had valid NCT and insurance disc on the wind screen. And I photocopied the original certificate the following day.

Should I contact the Garda station or seek legal advices.

Thank you all in advance.

Wen

Our man in Havana

Get thee to a solicitor.

Hoops1888

Dont worry id say it will be thrown out.

One Garda photocopied everything and told me not to worry

You got his name? Rank etc?

BTW there is no law In Ireland about not having no NCT on your car I was just told that by a member of the service two weeks ago, guards only threaten to bring you to court but you say youve already been summons so I now im not sure, I just bought a car aswell myself from a guy in a garage he told me its due NTC at the end of the month but I dont have to go for it because even he said the guards cant do anything if I dont have one.

Canonfan wrote:

They asked me to go to any Garda station to photocopy my NCT and insurance certs. I went to Pearse Station the following morning.

Did you get their names, rank etc and where they are stationed?

Go to the station that you brought your stuff to and bring the summons.

Hoops1888

BTW you shouldve said say for example I was stopped by the guards etc etc.

People arent allowed ask for real legal advice because nobody hear can give it to you

Canonfan

I have NCT and insurance on the wind screen all the time, the garda saw them but he wanted me to bring the whole certs to any Garda station to prove their validity. That was why I went to Pearse station the following morning.

The NCT is valid from 10/11/06 to 29/11/08 and my insurance is valid from 13/11/06 to 12/11/07.

I think this Garda doesn't read numbers or he never bothered to search for my files.

Anyway, I'm lost here.

Canonfan

Hoops1888 wrote:

BTW you shouldve said say for example I was stopped by the guards etc etc.

People arent allowed ask for real legal advice because nobody hear can give it to you

Thanks for the advice. I think they were checking seat belts that day with their little torch. I didn't see them otherwise I would have stopped. I have nothing to hide really.
When I saw them and stopped it was too late. I made them running for 50 meters.

Turner

When you asked the Garda to photocopy your documents did you also ask him/her to forward the copies to the Garda who stopped you?

You will have to go to court, the insurance and NCT summons will be struck out.

The rest will be up to your solicitor to explain to the judge.

Canonfan

Thanks Chief. When I photocopy my documents, I didn't ask his name. I just explained what happened. I come from another country and don't really know how the system works here.

It would be nice if 4 of the 6 can be struck out. I'll show everything to the judge.

I'm a poor student, don't know if I should pay thousands for a solicitor on this case.

Thanks a lot.

Time Magazine

Canonfan wrote:

I'm a poor student, don't know if I should pay thousands for a solicitor on this case.

Get in touch with FLAC - Free Legal Advice Centre.

You went to Pearse St station so you're in Dublin city, so are they.

You can write to them at Free Legal Advice Centres, 13 Lower Dorset Street,
Dublin 1. Or call them at (01) 874 5690. Their website is here.

Today is a Tuesday. Fortunately they have a clinic in Dublin city on Tuesday nights. It is on Aungier Street from 7pm-9pm. Please note you have to book first by calling them at (01) 400 5971 for this clinic.

I'd say to call them at the 01-8745690 number first and see what they suggest. It sounds like you could use a solicitor to be honest.

Hope things work out for you.

Canonfan

Thanks for the information Ibid. Much needed.

Gobán Saor

Try to sort this out with the Guards first before spending hard earned money on a solicitor. Start with Pearse Street, they have a book at the counter where all production of driving documents are entered - they will look up the date and should have a record of you coming in. If they have you're ok apart from the driving unaccompanied charge, which is pretty minor and will get you a smallish fine at worst. Certainly, less than a solicitor will charge you. If they haven't recorded it, that would be odd but follow it up with the Guard who originally stopped you and tell him the story. Once you are genuine, the Guard will normally be happy to sort things out with you.

Turner

The books are gone now only to be found in very rural stations where there is no pulse computers.

The name of the Garda will be on the summons along with his station. Ring the station and find out when he is working next and what time he starts. Be at the station at this time to catch him before he goes out or whatever.

Bring your ins/nct docs with you and explain what happened. The other offences are so minor on their own he might even scrap the whole lot and save himself from having to go to court aswell.

If this doesnt work you will have to face the two summonsin court. You could try the free legal aid thingy but seems like a lot of trouble over two minor offences.

You will be on a list of probably about 200 other people all for similar offences including insurance/speeding fines etc. Wait for your name to be called, the judge will ask are you pleading guilty or not. Bring some cash and offer it to charity.

The Judge might ask you to explain how you didnt see two Gardai probably dressed in yellow jackets with torches while driving. Then say you really shouldnt be driving unaccompanied if you couldnt see them blah blah...

Best of luck.

kc66

Hoops1888 wrote:

BTW there is no law In Ireland about not having no NCT on your car I was just told that by a member of the service two weeks ago, guards only threaten to bring you to court but you say youve already been summons so I now im not sure, I just bought a car aswell myself from a guy in a garage he told me its due NTC at the end of the month but I dont have to go for it because even he said the guards cant do anything if I dont have one.

Here is examples of someone fined a total of €490 for not having an NCT: http://www.unison.ie/meath_chronicle/stories.php3?ca=48&si=1628368&issue_id=14172&printer=1

jhegarty

Canonfan wrote:

4. Failure to be accompanied by a qualified driver

Wasn't that thrown out as a charge about a year ago... i.e. they now have to charge you with having an ineffectual license ?

Sully

jhegarty wrote:

Wasn't that thrown out as a charge about a year ago... i.e. they now have to charge you with having an ineffectual license ?

I thought that to. Also, this was confirmed by a Garda when I was pulled over at a check point and asked where the full driver was. I was the one who pointed out it was not illegal, and he agreed but said changes were on the way so get your test done soon..

jhegarty

Sully wrote:

nd he agreed but said changes were on the way so get your test done soon..

Well the people doing the talking about changing everything won't be on office in a few weeks..... but I am sure the new crowd with have their own plans , but it will just take longer...

cast_iron

If it does end up going to court, the solicitor's fees will not be that much.
No more than €200 to €300 should be paid.

Canonfan

I kindly thank everybody. I'm going to Pearse station first thing in the morning.

Thanks million guys.

445279.ie

Get in contact with the Garda that summonsed you. Don't waste your time going to Pearse St. unless he/she works there.

Produce your documents and it may not even go to court if the Garda doesn't lodge the summons in the District Court office

Gobán Saor

Chief--- wrote:

The books are gone now only to be found in very rural stations where there is no pulse computers.

Wow, didn't realise that. Last time I was asked to "produce" was about two years ago or so, they still had the book in Pearse Street then.

Is Pulse fully operative, then? I seem to remember a lot of PPARS type publicity about it.

And thinking further.......if it is, then it should hardly be necessary to produce a licence at all, as, if you actually have one, pulse will know this anyway. (Presuming of course that its database is linked up to the driving licence file.) Or am i missing something here?

445279.ie

Gob&#225 wrote: »

And thinking further.......if it is, then it should hardly be necessary to produce a licence at all, as, if you actually have one, pulse will know this anyway. (Presuming of course that its database is linked up to the driving licence file.) Or am i missing something here?

It's only connected to itself. Not even connected to the courts resulting system. Which means that everything is typed in on the double :rolleyes:

hullaballoo

Hoops1888 wrote:

BTW you shouldve said say for example I was stopped by the guards etc etc.

People arent allowed ask for real legal advice because nobody hear can give it to you

Please don't post in this forum if you don't know what you're talking about.

Every single item of advice you have given in this thread is completely wrong, and is exactly the sort of thing that the charter goes to lengths to get rid of.

padser

hullaball&#250 wrote:

Please don't post in this forum .........Every single item of advice you have given in this thread is completely wrong

People are looking at me in the library cos I actually laughed out loud when I read that.

Canonfan

Update: I went to Pearse station, they couldn't find anything. I was told they might forgot to put my details into the system.

I went to another Garda station and showed the garda(who stopped me) all the documents and he said if he had found my details in the system all these would be avoided.

Anyway, he promised to say something nice to the judge and told me not to worry. He also said the law has changed, L driver won't be charged driving alone.

For those who helped, thank you very much again.