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Brother lost his license

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  • 12-11-2007 10:20pm
    #1
    Registered Users Posts: 9,021 ✭✭✭


    OK, long story short, my brother was caught last year driving last with ng insurance, he was driving his friends car to the garage where he works to fix the tracking - very vry stupid thing to do!!!) and he received a notification through the door that h was to be in court on x date.

    Fast forwrad to last week - he was let go (had it coming for the last couple of months due to no work) from his job. Then on saturday - guards showed to the door with letters for him. He thought he was in court at the end of the month - but really it was last week, genuine mistake on my brothers part- a date mix-up. He got a years driving ban and a 1k fine.

    Now, because he got let go, and he works with cars this is very very very bad news for him, there would be no way in hell (he worked for roadside recovery too) that he would get a new job with no license.

    Is there anything we can do to get the license back. He will also have trouble paying the fine too - as he has no income coming in, but Im hoping that he can pay this off in installments, even tho he has been given til Jan to pay (???), I have arrangd for him to speak to a solicitor at the CAB and he is ringing the guard who pulled him over when he was caught last year.

    Has anyone ever known of someone to get a 12 month ban then getitng their license back? I really feel for him and he is in bits himself...so if anone can advise I would be very grateful!


Comments

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


    I do know that with a two year driving ban, it's fairly common to get your licence back after 12 months if you've not been in anymore trouble and showed you learnt your lesson.

    Not sure about a 12 months ban, I though 2 years was the standard ban they handed down these days.


  • Closed Accounts Posts: 251 ✭✭Golferx


    LadyE wrote: »
    OK, long story short, my brother was caught last year driving last with ng insurance, he was driving his friends car to the garage where he works to fix the tracking - very vry stupid thing to do!!!) and he received a notification through the door that h was to be in court on x date.

    Fast forwrad to last week - he was let go (had it coming for the last couple of months due to no work) from his job. Then on saturday - guards showed to the door with letters for him. He thought he was in court at the end of the month - but really it was last week, genuine mistake on my brothers part- a date mix-up. He got a years driving ban and a 1k fine.

    Now, because he got let go, and he works with cars this is very very very bad news for him, there would be no way in hell (he worked for roadside recovery too) that he would get a new job with no license.

    Is there anything we can do to get the license back. He will also have trouble paying the fine too - as he has no income coming in, but Im hoping that he can pay this off in installments, even tho he has been given til Jan to pay (???), I have arrangd for him to speak to a solicitor at the CAB and he is ringing the guard who pulled him over when he was caught last year.

    Has anyone ever known of someone to get a 12 month ban then getitng their license back? I really feel for him and he is in bits himself...so if anone can advise I would be very grateful!

    Hard to have any sympathy, really, it's actually good to hear some Judge doing something to make our roads safer, however you didn't ask for a lecture.

    I would guess the procedure is to hire a solicitor then to lodge an appeal at the next sitting of the relevant court. Then prostrate yourself at the feet of the Judge, promise him whatever he wants and take what you get.


    micmclo wrote: »
    I do know that with a two year driving ban, it's fairly common to get your licence back after 12 months if you've not been in anymore trouble and showed you learnt your lesson.

    Not sure about a 12 months ban, I though 2 years was the standard ban they handed down these days.

    2 years, mitigated to 12 months is normal procedure for drink driving, but up to the Judge. For Insurance case? I would say it's completely at the discretion of the Judge.


  • Registered Users Posts: 17,875 ✭✭✭✭MugMugs


    Regardless of a reduced suspension would he not still have an endorsment on his licence meaning nobody would touch him until it is removed ?


  • Registered Users Posts: 6,315 ✭✭✭ballooba


    Is he certain he wasn't insured? mechanics and the like working on my car are covered under my policy. I am fully comp though with Eagle Star.


  • Registered Users Posts: 14,004 ✭✭✭✭Potential-Monke


    Get him to appeal it to the circuit court, explain the situation, give it the whole "my life is ruined if you don't do anything" approach, and hope that the Judge is in a good mood.


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  • Registered Users Posts: 9,021 ✭✭✭LadyE


    Golferx wrote: »
    Hard to have any sympathy, really, it's actually good to hear some Judge doing something to make our roads safer, however you didn't ask for a lecture.

    I would guess the procedure is to hire a solicitor then to lodge an appeal at the next sitting of the relevant court. Then prostrate yourself at the feet of the Judge, promise him whatever he wants and take what you get.

    I know, I know how stupid he has been, and so does he. I could almost kill him for this.

    Ill see what the solicitor says on Wednesday and take it from there.


  • Moderators, Business & Finance Moderators Posts: 17,711 Mod ✭✭✭✭Henry Ford III


    ballooba wrote: »
    Is he certain he wasn't insured? mechanics and the like working on my car are covered under my policy. I am fully comp though with Eagle Star.

    I thought this was standard.


  • Registered Users Posts: 9,021 ✭✭✭LadyE


    I thought this was standard.

    No it was an old job (newer one since, that he lost) and only worked in the garage itself and not on the roads.


  • Registered Users Posts: 937 ✭✭✭Mr.Diagnostic


    ballooba wrote: »
    Is he certain he wasn't insured? mechanics and the like working on my car are covered under my policy. I am fully comp though with Eagle Star.

    As far as i know that clause in your policy only covers you for anything that occurs while the car is being maintained. The garage/mechanic still needs to have seperate insurance.


  • Registered Users Posts: 809 ✭✭✭woop


    not trying to start a war but
    Hard to have any sympathy, really, it's actually good to hear some Judge doing something to make our roads safer, however you didn't ask for a lecture.
    just wondering
    how does getting him off the road make our roads safer?
    how does driving with no insurance make him an unsafe driver?

    perhaps less law abiding...........or even careless

    tbh it seems that judges are too harsh in some circumstances and not harsh enough in otheres

    however being more constructive.........its sad to say that with enough money there always ways to get around these things, good solicitor and some first hand advice


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  • Closed Accounts Posts: 8,245 ✭✭✭drdre


    LadyE wrote: »
    I know, I know how stupid he has been, and so does he. I could almost kill him for this.

    Ill see what the solicitor says on Wednesday and take it from there.

    Did he not have a car policy at that time on his own name as most policys let you drive other cars 3rd party


  • Banned (with Prison Access) Posts: 32,865 ✭✭✭✭MagicMarker


    woop wrote: »
    not trying to start a war but

    just wondering
    how does getting him off the road make our roads safer?
    how does driving with no insurance make him an unsafe driver?

    perhaps less law abiding...........or even careless

    tbh it seems that judges are too harsh in some circumstances and not harsh enough in otheres

    however being more constructive.........its sad to say that with enough money there always ways to get around these things, good solicitor and some first hand advice

    In this case it's not about making the roads safer, it's about setting an example. Insurance is there for a reason and if he had of caused an accident then the other party would be screwed. If judges were leniant in these type of cases then we'd all be screwed as people wouldn't give a fúck about having insurance in the first place because they'd know in the long run nothing will happen to them.

    The OP's brother was incredibly stupid, especially considering his profession whereby a full licence is really a neccessity.


  • Closed Accounts Posts: 90 ✭✭oilsheik


    I'm open to correction but the Circuit Court or High Court is the only way to reverse a decision made at district court level. Talk to a Solicitor specialising in road traffic law and if they feel its a viable option they'll hire a barrister to plead your case but its going to cost big bucks.


  • Registered Users Posts: 6,315 ✭✭✭ballooba


    drdre wrote: »
    Did he not have a car policy at that time on his own name as most policys let you drive other cars 3rd party
    Only fully comp policies allow this.


  • Closed Accounts Posts: 8,245 ✭✭✭drdre


    ballooba wrote: »
    Only fully comp policies allow this.
    Yeah i know but i was just asking if the guy had insurance or not.


  • Registered Users Posts: 14,922 ✭✭✭✭loyatemu


    traditionally you could apply for your license back after you'd served 50% of your suspension - so 6 months in his case. There was some talk of abolishing this practise so I'm not sure if it still happens.

    Part of the problem here is that he didn't turn up in court - judges hate that, it shows a lack of respect for the judicial process. He might have got away with a 6 months ban otherwise if he'd given them a sob story. I'd say he's just going to have to sit out his ban and look for some other line of work in the meantime.


  • Registered Users Posts: 1,994 ✭✭✭lynchie


    I was in a similar situation in Jan of this year. Long story short.. I was incorrectly summons to court, but never received the summons and was fined and banned in my absence.. I eventually got the case set aside due to not receiving the summons but what I did find out was the following:

    If you appeal within 14 days from the day you were due in court, the ban is postponed until your appeal is heard. After the 14 days, you must be granted an extension to appeal but your ban is in place until the appeal is heard. I was told that the average waiting time for an appeal to be heard in the circuit court can be up to 6 months!!

    Best advise, get a solicitor asap.


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


    ballooba wrote: »
    Is he certain he wasn't insured? mechanics and the like working on my car are covered under my policy. I am fully comp though with Eagle Star.
    This would apply to a case where you had given your car to a garage to fix, not necessarily giving it to a mate to fix for free as a favour. The fact that he was driving it to the garage wouldn't be relevant unless the owner of the car had a contract with that garage to fix his vehicle.

    Usually the garage's own insurance covers the car, but if it was a favour for a mate, the garage's insurance doesn't cover it.


  • Registered Users Posts: 4,188 ✭✭✭wil


    While I dont question the seriousness of no insurance, I think it is possible to have a little sympathy with the OP as I dont feel that driving without insurance should have the same severity of penalty as say drunk driving. No tax or insurance does not impair your driving or make you a greater risk on the road (*I will contradict my self further down) whereas a decision to drive while drunk puts you and the public in direct danger.
    One is a financial matter and the other is a blatant disregard for safety.
    I have read of many drivers with one year bans getting their licence back after 6 months because they pleaded undue hardship or necessity. I cant recall if driving without insurance involves an automatic ban or is at the discretion of the judge. Missing the court appearance was the second big mistake as he may have been able to plead his case then. More difficult now.

    There are probably many people on our roads who are unaware they could be in a similar position if stopped. If your NCT runs out some insurance companies will not cover you so you are not insured. Same if you are moving a nonNCTed car. And if towing another car, likewise you may not be covered. It is usually only if there is an accident that you learn of your predicament.

    *There is anecdotal evidence that untaxed/uninsured cars are at greater risk of accident. Perhaps it is a result of the attitude that neglects these also tends to neglect the safety aspect too.

    I presume he had already investigated that he wasnt covered by anyone, Did his friend have insurance on that car, open driver policy? I presume he had no policy of his own as many policies cover you third part for other cars


  • Closed Accounts Posts: 5,430 ✭✭✭testicle


    He, *ahem*, could apply for a new provisional license in his name as Gaeilge.


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  • Closed Accounts Posts: 338 ✭✭Tony Danza


    ballooba wrote: »
    Only fully comp policies allow this.
    Not true. I have 3rd party insurance and I can drive other private cars.


  • Registered Users Posts: 38,247 ✭✭✭✭Guy:Incognito


    ballooba wrote: »
    Only fully comp policies allow this.

    Not true. My old tpft policy with Quinn aloowed it. I'm nearly sure my Hibernian one did too.


  • Registered Users Posts: 1,882 ✭✭✭fozzle


    drdre wrote: »
    Did he not have a car policy at that time on his own name as most policys let you drive other cars 3rd party
    ballooba wrote: »
    Only fully comp policies allow this.

    My third party insurance covers me to drive other cars. He should contact his own insurer and make absolutely sure that he wasn't covered.

    *edit*
    :) Beaten to it! For the record, my policy is with AXA.


  • Registered Users Posts: 4,502 ✭✭✭chris85


    drdre wrote: »
    Yeah i know but i was just asking if the guy had insurance or not.

    I am a named driver on a TPFT policy and I am covered to drive other vehicles. Im with Hibernian


  • Registered Users Posts: 6,315 ✭✭✭ballooba


    Touché, One learns something new everyday. Will chalk that one up.


  • Registered Users Posts: 948 ✭✭✭DJ Hafez


    Out of interest, if you are caught without insurance and you get a ban and whatnot do you get a full-on criminal record not allowing you to travel to the States and would prevent you from getting some jobs too?


  • Registered Users Posts: 14,339 ✭✭✭✭jimmycrackcorm


    chris85 wrote: »
    I am a named driver on a TPFT policy and I am covered to drive other vehicles. Im with Hibernian

    I'd wonder about that. Normally named drivers are not covered for third party driving. I'd get clarification from the ins. co. before I'd drive another car. I've a fully comp policy with third party driving. My missus is named on the policy and she's not covered for the third party though you'd almost read the specific clause as though she would be.


  • Registered Users Posts: 4,314 ✭✭✭blackbox


    fozzle wrote: »
    My third party insurance covers me to drive other cars. He should contact his own insurer and make absolutely sure that he wasn't covered.

    *edit*
    :) Beaten to it! For the record, my policy is with AXA.
    If he was driving the car to the garage where he works in order to repair it, this would be classified as business use and not covered. In addition, cover for motor trade is often specifically excluded.


  • Moderators, Politics Moderators Posts: 39,715 Mod ✭✭✭✭Seth Brundle


    testicle wrote: »
    He, *ahem*, could apply for a new provisional license in his name as Gaeilge.
    Even if it is possible, its still illegal!


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