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Caught by Gardai - what to expect

  • 09-11-2007 11:22am
    #1
    Closed Accounts Posts: 584 ✭✭✭


    Hi all,

    Need a bit of advice. Last night a friend of mine was stopped by a garda in his car. He had no tax, insurance, the NCT was up and his provisional licence was lost and had expired ages ago. He was told to submit his licence and insurance disk to the garda atation within 10 days. He lied and said he had a valid licence and insurance. Do any of you know what punishment he can expect if/when it goes to court. He has no previous convictions. He is in his 20's if that makes a difference.

    Mods, if this isn't the best place for this query, can you please move it?

    Thanks,
    Jeff


Comments

  • Registered Users, Registered Users 2 Posts: 3,009 ✭✭✭OldmanMondeo


    Presuming that this is not a troll,

    Expect a large fine and a ban from driving. Depending on how long the tax is out, the car may be taken. He/She may also be procussted for whatever they were stopped for in the first place.


  • Closed Accounts Posts: 9,496 ✭✭✭Mr. Presentable


    He can expect a fine of up to €5000.00 IMSC, and could be disqualified for two years (not that that should worry someone driving without lic, tax etc)


  • Closed Accounts Posts: 447 ✭✭siralfalot


    ooh.... tell him to get an industrial size barrell of KY jelly, he'll need it!! :D:p


  • Registered Users, Registered Users 2 Posts: 46,841 ✭✭✭✭Mitch Connor


    regardless, let us know what happens.

    I am always disappointed we never hear what happens to these people...

    Speaking of which, anyone seen Lorax recently, any update on his court case? lol


  • Closed Accounts Posts: 1,435 ✭✭✭C_Breeze


    expect a 1-2 yr ban & a 4 digit fine


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  • Registered Users, Registered Users 2 Posts: 3,009 ✭✭✭OldmanMondeo


    siralfalot wrote: »
    ooh.... tell him to get an industrial size barrell of KY jelly, he'll need it!! :D:p


    Might not be your type.....:D


  • Closed Accounts Posts: 9,463 ✭✭✭KTRIC


    C_Breeze wrote: »
    expect a 1-2 yr ban & a 4 digit fine



    I think thats letting him of lightly. Uninsured, untaxed and unlicenced drivers should get a minimum jail term. Instant deterant in my opinion.


  • Closed Accounts Posts: 9,496 ✭✭✭Mr. Presentable


    KTRIC wrote: »
    I think thats letting him of lightly. Uninsured, untaxed and unlicenced drivers should get a minimum jail term. Instant deterant in my opinion.

    Agreed, but I think they reserve that for TV licence dodgers.......


  • Closed Accounts Posts: 584 ✭✭✭hallelujah


    Thanks to all who replied with helpful comments. I would agree - a 1-2 year ban and a 5 figure fine sounds reasonable. Also I agree, he deserves it. Why should we pay insurance/tax when others don't bother their holes.


  • Closed Accounts Posts: 9,463 ✭✭✭KTRIC


    nipplenuts wrote: »
    Agreed, but I think they reserve that for TV licence dodgers.......

    A tv licence dodger isn't going to leave some woman without her son or some family without a father when they're watching tv.

    Someone driving in this manner should be treated like a criminal holding a loaded weapon.


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  • Closed Accounts Posts: 584 ✭✭✭hallelujah


    KTRIC wrote: »
    A tv licence dodger isn't going to leave some woman without her son or some family without a father when they're watching tv.

    Someone driving in this manner should be treated like a criminal holding a loaded weapon.

    Tax and insurance makes you a safer driver? You learn something new everyday.


  • Registered Users, Registered Users 2 Posts: 3,516 ✭✭✭RosieJoe


    Just wondering if the fact that his last license was a provisional, could he be done under the new legislation ( If they can prove that he was on a 1st license)


  • Registered Users, Registered Users 2 Posts: 12,822 ✭✭✭✭galwaytt


    KTRIC wrote: »
    A tv licence dodger isn't going to leave some woman without her son or some family without a father when they're watching tv..

    ....I dunno, some the stuff on tv is appalling........yet still they're glued to it............:rolleyes:

    Ode To The Motorist

    “And my existence, while grotesque and incomprehensible to you, generates funds to the exchequer. You don't want to acknowledge that as truth because, deep down in places you don't talk about at the Green Party, you want me on that road, you need me on that road. We use words like freedom, enjoyment, sport and community. We use these words as the backbone of a life spent instilling those values in our families and loved ones. You use them as a punch line. I have neither the time nor the inclination to explain myself to a man who rises and sleeps under the tax revenue and the very freedom to spend it that I provide, and then questions the manner in which I provide it. I would rather you just said "thank you" and went on your way. Otherwise I suggest you pick up a bus pass and get the ********* ********* off the road” 



  • Registered Users, Registered Users 2 Posts: 9,244 ✭✭✭sdanseo


    RosieJoe wrote: »
    Just wondering if the fact that his last license was a provisional, could he be done under the new legislation ( If they can prove that he was on a 1st license)

    Given that the new legislation
    a) Makes no difference to 1st provisional drivers (apart from renaming them 'learner permits' and making them wait 6 months for a test) and
    b) Doesn't come into effect until June

    ...what do you think? ;)


  • Registered Users, Registered Users 2 Posts: 3,516 ✭✭✭RosieJoe


    D'Oh springs to mind!

    Just needed a gentle nudge to remember that! Would hate to get a full blown thump from you though:D


  • Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    RosieJoe wrote: »
    Just wondering if the fact that his last license was a provisional, could he be done under the new legislation ( If they can prove that he was on a 1st license)
    Because his licence had expired, that's irrelevant. He was driving without a licence. That alone will add a second hefty fine.


  • Registered Users, Registered Users 2 Posts: 21,085 ✭✭✭✭Stark


    hallelujah wrote: »
    Do any of you know what punishment he can expect if/when it goes to court. He has no previous convictions. He is in his 20's if that makes a difference.

    Well it's Ireland, so probably some bleeding heart judge who'll fine him less than what it would have cost him to get taxed/insured in the first place.


  • Registered Users, Registered Users 2 Posts: 18,484 ✭✭✭✭Stephen


    I think the point is that if you're involved in an accident with an uninsured driver you're quite likely to be majorly out of pocket. If you're lucky MIBI might give you a few quid towards medical expenses 5 years down the road.


  • Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 10,581 Mod ✭✭✭✭Robbo


    KTRIC wrote: »
    Someone driving in this manner should be treated like a criminal holding a loaded weapon.
    Exactly. We're already established here that a car is a lethal weapon. Driving without tax/license/insurance is like having a lethal weapon with laser sights whilst hepped up on goofballs.

    TBH, 10 years seems a fair custodial sentence to me along with a spell in the public stocks and ritual destruction of the car in question.


  • Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    Robbo wrote: »
    TBH, 10 years seems a fair custodial sentence to me along with a spell in the public stocks and ritual destruction of the car in question.
    Ten years is perhaps a little over the top. People do make dumb decisions in their lives. I would certainly be up for suspended or shorter custodial sentences, depending on how much of a dirty piece of **** the offender is.

    A serious custodial sentence should be applied to all those who drive while banned. Ten years sound fair in that case. These aren't people who made a mistake, or "went off the rails". These are people who were told that they were incapable of safely using a vehicle, but consciously said "fusk you" to the state and did it anyway. Driving while banned is equivalent to absconding from prison. Punishment - jail time.


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  • Registered Users, Registered Users 2 Posts: 16,202 ✭✭✭✭Pherekydes


    hallelujah wrote: »
    He is in his 20's if that makes a difference.

    If that's his IQ then it might make a difference, otherwise, no.


  • Registered Users, Registered Users 2 Posts: 3,516 ✭✭✭RosieJoe


    seamus wrote: »
    People do make dumb decisions in their lives.

    A dumb decision is to let your tax expire, or forget to carry your license! Not drive with no tax, insurance, NCT or license


  • Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    RosieJoe wrote: »
    A dumb decision is to let your tax expire, or forget to carry your license!
    In my language, that's a mistake :)

    I consider a dumb decision to be one that you know is inherently flawed and troublesome but has a slight chance of you coming out clean on the other side. Like making a late jump into a roundabout in front of a speeding artic.


  • Registered Users, Registered Users 2 Posts: 22,815 ✭✭✭✭Anan1


    seamus wrote: »
    Ten years is perhaps a little over the top. People do make dumb decisions in their lives.
    I think Robbo was being sarcastic...


  • Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 10,581 Mod ✭✭✭✭Robbo


    Anan1 wrote: »
    I think Robbo was being sarcastic...
    Well I was more satirising a certain class of poster.

    Tough on scumbags, tough on the causes of scumbaggery.


  • Registered Users, Registered Users 2 Posts: 1,605 ✭✭✭cpoh1


    seamus wrote: »
    Because his licence had expired, that's irrelevant. He was driving without a licence. That alone will add a second hefty fine.

    You guys are living in dreamland. Not having a licence is a maximum €250 euro fine, hardly hefty.

    Id go against the common trend in this thread and say that chances are you'll never hear baout this again. If the cop was serious about this he'd have taken the car off you on the spot. More than likely he wont bother putting the details on the system and even if he does and you dont show with your licence at the garda station you probably wont hear about it again.

    I remember when I bought my car 2 years ago I had no insurance disk or tax on the car and the gard asked me to drop my insurance into my local garda station. I frogot and nothing came of it, its the same story with my father. Dont worry about it.


  • Registered Users, Registered Users 2 Posts: 9,016 ✭✭✭mad m


    I can't reason why someone would just drive without having insurance,tax or an Nct for that matter (I know a lot do it)...If it were me, I would be bricking it everytime I was in car. Its obvious he knew for a longtime he was doing wrong and for a time getting away with it..I have never seen more spot checks these days and especially now even more coming up to Christmas.

    I hope he gets what he deserves.


  • Closed Accounts Posts: 2,736 ✭✭✭tech77


    cpoh1 wrote: »
    You guys are living in dreamland. Not having a licence is a maximum €250 euro fine, hardly hefty.

    Id go against the common trend in this thread and say that chances are you'll never hear baout this again. If the cop was serious about this he'd have taken the car off you on the spot. More than likely he wont bother putting the details on the system and even if he does and you dont show with your licence at the garda station you probably wont hear about it again.

    I remember when I bought my car 2 years ago I had no insurance disk or tax on the car and the gard asked me to drop my insurance into my local garda station. I frogot and nothing came of it, its the same story with my father. Dont worry about it.

    Wow.
    Charming behaviour.
    Tell me, do you think we should all follow your lead.. might be an idea, wouldn't it?

    Worrying thing is I don't think this clown is trolling either TBH..


  • Closed Accounts Posts: 19,986 ✭✭✭✭mikemac


    This guy probably probably doesn't even drive every day.
    So what use is a ban?
    A driving ban can be devasting for a self-employed person or people in rural areas.
    But most young people don't even own cars so he will manage and a driving ban is no great punishment.

    A fine and a custodial sentance is a better option


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  • Registered Users, Registered Users 2 Posts: 474 ✭✭UrbanFox


    hallelujah wrote: »
    Tax and insurance makes you a safer driver? You learn something new everyday.

    Not quite, but the point is relevant to driver attitude which is a major road hazard these days :(


  • Closed Accounts Posts: 1,027 ✭✭✭cazzy


    hallelujah wrote: »
    Hi all,

    Need a bit of advice. Last night a friend of mine was stopped by a garda in his car. He had no tax, insurance, the NCT was up and his provisional licence was lost and had expired ages ago. He was told to submit his licence and insurance disk to the garda atation within 10 days. He lied and said he had a valid licence and insurance. Do any of you know what punishment he can expect if/when it goes to court. He has no previous convictions. He is in his 20's if that makes a difference.

    Mods, if this isn't the best place for this query, can you please move it?

    Thanks,
    Jeff

    If you log onto www.unison.ie you can search the indo and herald for stories of other socially responsible drivers like your friend and what happened to them in court -

    Banned [100%]

    Fines of €190 each were also imposed for failure to produce insurance, non-display of insurance disc, no driving licence, failure to produce a licence, no tax and no tax displayed.- 20/09/2002, News

    Fined for [99%]

    David McDonagh, 56 Garrybawn, Dundalk was fined €1,000 at the District Court for driving without insurance and disqualified for 12 months.- 17/01/2003, News

    Drove without insurance [97%]

    John Canron, Halting site, Borrisokane Road, Nenagh, was fined £600 and disqualified for a year at Nenagh Court for driving without insurance. He was fined £100 for not p- 04/08/2001, News

    Drove without insurance [97%]

    John Canron, Halting site, Borrisokane Road, Nenagh, was fined £600 and disqualified for a year at Nenagh Court for driving without insurance. He was fined £100 for not p- 04/08/2001, News

    Warrant issued [97%]

    A bench warrant was issued at Gorey District Court last Thursday for the arrest of William Murphy of Crory, Ferns.He failed to appear before the court to answer charges of driving - 14/10/2004, News

    Warrant issued [97%]

    A bench warrant was issued at Gorey District Court last Thursday for the arrest of William Murphy of Crory, Ferns.He failed to appear before the court to answer charges of driving - 14/10/2004, News

    Woman had no insurance [95%]

    Marie Toohey, Ballyheen, Templemore, was fined £1,000 and disqualified for a year at Templemore Court for driving without insurance. She was...- 25/09/1999, News

    Woman had no insurance [95%]

    Marie Toohey, Ballyheen, Templemore, was fined £1,000 and disqualified for a year at Templemore Court for driving without insurance. She was...- 25/09/1999, News

    Man banned from driving [94%]

    A SWORDS man was fined €475 and banned from driving for a year for motoring offences in the town.- 20/12/2002, News

    Driver fined €500 [94%]

    A young man who had been saving for his insurance appeared before Judge Donnchadh O Buachalla at last week's sitting of Tullow District Court- 30/09/2004, News


    There's lots more where this came from


  • Closed Accounts Posts: 3,339 ✭✭✭tenchi-fan


    In fairness, everyone should have one "get out of jail free" card, not saying he should get off scot-free, perhaps a fine of a few hundred and a driving ban of say two years. You'd have to look at his track record, family background, etc.

    His attitude was wrong but being caught will hopefully put him on the straight and narrow. Obvious you could expect a heavier punishment with any future convictions.

    It's the people who keep committing offences and just not giving a crap who cause the most trouble. And also, wealthier people who can hire barristers and have family connections can also have a pretty rotten attitude and never get caught.

    Hate to go off topic but how many times has Bertie broken the rules and got off without as much as a spot on his record.


  • Registered Users, Registered Users 2 Posts: 123 ✭✭murdog!


    Years ago I let my licence/nct/tax lapse and kept driving, just kept putting it off. I got stopped a good few times with tax out a year and nct out 6 months, i never heard anything back from the gards regarding this. Looking back it was really stupid and i was very lucky to escape punishment. Maybe im just getting old :confused:


  • Registered Users, Registered Users 2 Posts: 22,815 ✭✭✭✭Anan1


    tech77 wrote: »
    Wow.
    Charming behaviour.
    Tell me, do you think we should all follow your lead.. might be an idea, wouldn't it?

    Worrying thing is I don't think this clown is trolling either TBH..
    Are you sure that you read his post properly?


  • Closed Accounts Posts: 2,736 ✭✭✭tech77


    Anan1 wrote: »
    Are you sure that you read his post properly?

    We'll he doesn't think it's a big deal to drive without a licence apparently.
    And he admitted to driving without tax.
    As far as I can make out from his post he also drove without proper insurance.
    From his post he regards them as unimportant.


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  • Registered Users, Registered Users 2 Posts: 10,846 ✭✭✭✭eth0_


    hallelujah wrote: »
    Tax and insurance makes you a safer driver? You learn something new everyday.

    No, the fact that your friend was acting like such a knob with zero consideration for others, thinking he was above the law to drive with NO insurance NO tax NO DRIVING LICENCE, *AND* he hasn't even passed his fscking test??

    I hope they throw the book at him, tbh. Another idiot off the roads.


  • Registered Users, Registered Users 2 Posts: 10,846 ✭✭✭✭eth0_


    cpoh1 wrote: »
    You guys are living in dreamland. Not having a licence is a maximum €250 euro fine, hardly hefty.

    No, you're wrong. Not *carrying* your licence is a small fine like that.
    This guy not only had no licence on him, but his licence was expired and it wasn't a full licence.


  • Registered Users, Registered Users 2 Posts: 1,605 ✭✭✭cpoh1


    tech77 wrote: »
    We'll he doesn't think it's a big deal to drive without a licence apparently.
    And he admitted to driving without tax.
    As far as I can make out from his post he also drove without proper insurance.
    From his post he regards them as unimportant.

    Do I think road tax is unimportant? Well being quite honest my answer to that is a resounding yes. I bought my car and the fact that it wasnt taxed was not going to stop me driving it while I waited for my ownership form. Get real will you.

    And what exactly is proper insurance? Is it having your car and your own details properly logged with your insurance companey with your premium paid? Or is it the insurance disk "thingy" thats really your insurance thats displayed on your window as you clearly see it? Not having your insurance disk displayed is an issue for the gardai only and has no effect on your insurance cover.

    And finally, im not judging this guy, he didnt ask for judgement he asked what would happen to him and I answered it. From personal experience (my partner is a solicitor) driving with no licence (different to having it on his/her persons in the car) is 90% of the time a fine less than €250. Incidentally its nearly always old biddies and men who never bothered getting a licence first day that are in the dock.


  • Closed Accounts Posts: 2,706 ✭✭✭craichoe


    eth0_ wrote: »
    No, you're wrong. Not *carrying* your licence is a small fine like that.
    This guy not only had no licence on him, but his licence was expired and it wasn't a full licence.

    No, he's right, i got a 75 euro fine for no license. My provisional had expired and i didnt even realise. Was about 6 years ago.

    All grand now .. got my full license too :D


  • Closed Accounts Posts: 2,736 ✭✭✭tech77


    cpoh1 wrote: »
    Do I think road tax is unimportant? Well being quite honest my answer to that is a resounding yes. I bought my car and the fact that it wasnt taxed was not going to stop me driving it while I waited for my ownership form. Get real will you.

    And what exactly is proper insurance? Is it having your car and your own details properly logged with your insurance companey with your premium paid? Or is it the insurance disk "thingy" thats really your insurance thats displayed on your window as you clearly see it? Not having your insurance disk displayed is an issue for the gardai only and has no effect on your insurance cover.

    And finally, im not judging this guy, he didnt ask for judgement he asked what would happen to him and I answered it. From personal experience (my partner is a solicitor) driving with no licence (different to having it on his/her persons in the car) is 90% of the time a fine less than €250. Incidentally its nearly always old biddies and men who never bothered getting a licence first day that are in the dock.

    OK fair enough about the insurance.
    But even though you did say "insurance disc" rather than no insurance at all, i still got the impression from your post you didn't give a damn about all three.
    As i say fair enough though.

    I now also gather from your previous post that you intended to get tax imminently while waiting for change of ownership to process, is that correct?
    Well if that is the case, that's a bit different.

    But saying driving without a licence is not something to worry about is not on TBH.


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  • Closed Accounts Posts: 584 ✭✭✭hallelujah


    Thanks for the replies to my thread. I wasn't looking for opinions on what should happen by friend, just what is likely to happen him. This is an open forum I suppose. I don't know as yet if my friend submitted his licence. I'll let you's know any developments if I can.


  • Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    hallelujah wrote: »
    Tax and insurance makes you a safer driver? You learn something new everyday.
    While they don't make you safer. It is typically the safer drivers that have them. People who offend on one count will offend on other counts.


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