2 summons one for driving without insurance one for not producing insurance

eoinf

Hi

Just wondering if anyone can let me know what the likely penaltys are for the following

1: driving without insurance (which i had at the time of being stopped)
2: Failure to produce the certificate within 10 days (which I'll admit I didnt do)

ive got summoned for both to the Dublin District court this month.

Also the summons is dated mid August but i didnt get it until today.

Is there anything which says I must be given enough notice or have it sent to me within a certain date of it being issued.

Cheers

Eoin

Sleipnir

eoinf wrote: »

Is there anything which says I must be given enough notice or have it sent to me within a certain date of it being issued.

Nope. That date is the date the summons was issued by the courts.
That doesn't mean it's the date the actual notice was posted.

Turner

Think it can be served on you anytime up to 14 clear days before your court date.

If you had insurance you dont have to worry about that. Just bring your insurance cert to court.

As for forgetting to produce, thats up to the Garda or Judge.

Best of luck.

eoinf

Chief--- wrote: »

Think it can be served on you anytime up to 14 clear days before your court date.

If you had insurance you dont have to worry about that. Just bring your insurance cert to court.

As for forgetting to produce, thats up to the Garda or Judge.

Best of luck.

who serves them does the gaurd do it , i wasnt in and it was put through the door. should i have signed or something for it.

as for the 14 days its 15 days and thats only cause there is a bank holiday.

cheers for the updates.

god another waste of a day in court for a hopefully small fine.

Reloc8

[edit : as noted above yes there is a minimum time before the court date the thing has to be served but for the life of me I can't recall exactly what it is but I think its a good bit less than 14 days]. Ringing the garda is even more important to save your time because if its been served without sufficient time it won't appear in court and you will sit there all morning to find this out. Sticking it in a letter box is fine]

In a general sense there is no statutory requirement which requires a summons for criminal offences to be served within a specified time limited. In respect of summary matters akin to those in the opening post the summons must be applied for (see date of complaint in the recitals to the summons) within six months of the date of the offence alleged.

If a person summonsed for no insurance and failure to produce insurance in fact has insurance for the date and vehicle in question but forgot to produce it in a garda station within 10 days of being asked or indeed someone in the garda station forgot to notify the requesting member of them doing so it would be very productive to contact the prosecuting member named on the summons at the specified station (or in case of traffic corps ring HQ Phoenix Park to track them down) and to arrange for the production of the insurance to the member at a time that suits. Often times this results in the summons' being struck out without the need to go to court.

If a person couldn't arrange that turning up in court with the proper policy for the vehicle and date in question and finding the garda before court starts will often have the same effect.

If a person missed the garda before court producting the relevant policy in court will often have the same effect.

In any event you can't be convicted for not having insurance if you in fact have the proper policy so no need to worry about that. If a judge was particularly minded to slap a person on the wrist, not accepting that they in fact did produce or that they didn't have a good reason for forgetting to produce, a minor fine would be imposed on that summons and the no insurance summons will in any event be struck out.

Summary : find prosecuting garda. Show insurance before court date. Be Happy, live long & prosper.

eoinf

Coler wrote: »

Summary : find prosecuting garda. Show insurance before court date. Be Happy, live long & prosper.

Thanks for that.

I am probably going to appall everyone for not mentioning that i also have a 3rd summons for not paying the speeding fine that I was stopped for in the first place so the guard & Judge is probably going to go to town on me , I genuinely never got the notifications.

So ill take that rap on the knuckles which could be harsh , Im sure this puts a totally different stance by combining all 3.

Reloc8

No prob.

Bottom line - can't be convicted of no insurance if you had insurance.

Yep a nasty little fine (up to 800 yoyos) can be applied to first offence speeding convictions.

Failure to produce insurance is 99% of the time struck out if a person in fact had insurance.

eoinf

Coler wrote: »

No prob.

Bottom line - can't be convicted of no insurance if you had insurance.

Yep a nasty little fine (up to 800 yoyos) can be applied to first offence speeding convictions.

Failure to produce insurance is 99% of the time struck out if a person in fact had insurance.

I presume i will also get the points.

Reloc8

Indeed for all penalty points offences the points follow automatically on conviction by operation of the statute - the judge has no say in that or the amount to be applied once they convict.

eoinf

Coler wrote: »

Indeed for all penalty points offences the points follow automatically on conviction by operation of the statute - the judge has no say in that or the amount to be applied once they convict.

thanks for all the updates , im panicing a bit hoping my insurance wont sky rocket with 4-6. some expire just before my renewal

so the judge wont up the points for the speeding offence to 4 either?

Reloc8

No prob. As I said a judge has no say regarding penalty points. On conviction in court for speeding 4 points follow automatically.

eoinf

Coler wrote: »

No prob. As I said a judge has no say regarding penalty points. On conviction in court for speeding 4 points follow automatically.

is there no way of taking the 2 points that i would of got if i got the notice?

Reloc8

Have to talk to a solicitor about that one my friend.