2 year driving ban

Sparticous

well lads and ladies.

i was banned for driving for 2 years in august 2009 for dangerous drivng.(overtaking doing 140 km) This ban is affecting me big time as transport to work is costing me a fortune every week and everybody knows that your car is sort of a idependance for you.do you think come this august when i have half my ban done that ill have a chance of geting my licence back considering i need it for work...

In Advance Thanks to anyone who takes their time to reply its much appreciated.

Ham'nd'egger

Sparticous wrote: »

well lads and ladies.

i was banned for driving for 2 years in august 2009 for dangerous drivng.(overtaking doing 140 km) This ban is affecting me big time as transport to work is costing me a fortune every week and everybody knows that your car is sort of a idependance for you.do you think come this august when i have half my ban done that ill have a chance of geting my licence back considering i need it for work...

In Advance Thanks to anyone who takes their time to reply its much appreciated.

What part of "2 year ban" don't you understand?

Sparticous

Hamndegger wrote: »

What part of "2 year ban" don't you understand?

Of course i understand 2 year ban arent i serving one at the moment..surely i would stand a chance if i made an attempt to get it reduced at least im sure it has been done before..

Trampas

judge usually says you can apply after a year.

did he say that?

Sparticous

Trampas wrote: »

judge usually says you can apply after a year.

did he say that?

No the judge never mentioned that..

HonalD

Can anyone ask for free legal advice here?

Cookie_Monster

HonalD wrote: »

Can anyone ask for free legal advice here?

You can try but I wouldn't trust any answer you get.

You can usually apply after half the time has expired to try have it lifted.

Couple of Q's if you dont mind.

When you take cost of car, maintainence, insurance, tax and petrol is really much more expensive to use public transport. Grant there is the independance and flexibility but I think many people under estimate the cost of owning and running a car.

Overtaking at 140 doesn't in itself sound like dangerous driving depending on the type of road, were there any other reasons if you don't mind answering

Get a bus/bicycle, walk into work or find someone who lives near you to get a ride in the mornings in. To contest the ban, perhaps talk to a solicitor.

jaffa20

2 years for 140kmph!!!

I'm in shock:eek:

The speed limit must have been 80kmph or less

Sparticous

Cookie_Monster wrote: »

You can try but I wouldn't trust any answer you get.

You can usually apply after half the time has expired to try have it lifted.

Couple of Q's if you dont mind.

When you take cost of car, maintainence, insurance, tax and petrol is really much more expensive to use public transport. Grant there is the independance and flexibility but I think many people under estimate the cost of owning and running a car.

Overtaking at 140 doesn't in itself sound like dangerous driving depending on the type of road, were there any other reasons if you don't mind answering

yes but its having to rely on public transports is hard after been driving for 3 years.it was on a road where the limit is 80km.iv heard of people get penalty points for this sort of thing.its probly that i was 21 worked against me as you know young drivers get worst then the older ones.

Sparticous

jaffa20 wrote: »

2 years for 140kmph!!!

I'm in shock:eek:

The speed limit must have been 80kmph or less

yes the speed limit was 80km

Mr. Presentable

Normal form is you can apply for remission (?) after 12 months. Get a solicitor for advice.

Me? I'd have put you off the road for life, but hey, that's probably why I'm not in charge of the country

Ham'nd'egger

Sparticous wrote: »

yes but its having to rely on public transports is hard after been driving for 3 years.it was on a road where the limit is 80km.iv heard of people get penalty points for this sort of thing.its probly that i was 21 worked against me as you know young drivers get worst then the older ones.

In fairness it's only if a Garda prosecuted you that you got called up to court for this and it's up to the judge to issue sentence.

What else happened in your case, bearing in mind that 140 Km/h is almost twice the speed limit when you were caught. Where was it, were you overtaking etc etc

Sparticous

nipplenuts wrote: »

Normal form is you can apply for remission (?) after 12 months. Get a solicitor for advice.

Me? I'd have put you off the road for life, but hey, that's probably why I'm not in charge of the country

ye man get real

Sparticous

Hamndegger wrote: »

In fairness it's only if a Garda prosecuted you that you got called up to court for this and it's up to the judge to issue sentence.

What else happened in your case, bearing in mind that 140 Km/h is almost twice the speed limit when you were caught. Where was it, were you overtaking etc etc

it was on the moone by pass.yes i was overtaking.

delta_bravo

Sparticous wrote: »

ye man get real

Could say the same about you for doing 140kmph in an 80 zone.

Sparticous

delta_bravo wrote: »

Could say the same about you for doing 140kmph in an 80 zone.

wel yes that is a very stupid thing to do on my behalf.im paying for it now..

Ham'nd'egger

Sparticous wrote: »

it was on the moone by pass.yes i was overtaking.

That's the old N 9, isn't it? That road has a lot of hatched road and no overtaking zones up and down some hills if I recall right so if you did chance these then yeah, I can't say I'd blame the judge for issuing a 2 year fine.

Sparticous

Hamndegger wrote: »

That's the old N 9, isn't it? That road has a lot of hatched road and no overtaking zones up and down some hills if I recall right so if you did chance these then yeah, I can't say I'd blame the judge for issuing a 2 year fine.

yes thats the road with the hills..ah sure i know i deserved what i got..mainly why i posted on here was to find out was there anyone with simaler circumstances that got the ban reduced

corktina

didnt you appeal? sounds like you should have done to me....

Sparticous

corktina wrote: »

didnt you appeal? sounds like you should have done to me....

my solictor advised me at the time not to appeal.

Ham'nd'egger

Sparticous wrote: »

yes thats the road with the hills..ah sure i know i deserved what i got..mainly why i posted on here was to find out was there anyone with simaler circumstances that got the ban reduced

Put it down to experience man and be thankful nobody was hurt.

Redsoxfan

Was it Judge Zaidan who heard this case by any chance?

Heroditas

Redsoxfan wrote: »

Was it Judge Zaidan who heard this case by any chance?

If it was Zaidan, the OP was lucky to escape life imprisonment and a public flogging! :eek:

Fiskar

60 clicks over the limit! Think he was trying to save your life and others. Maybe when your'e 23 you'll be wiser.

Victor

If you want to have a good chance of appealing, then I suggest that you need to demonstrate to the judge that you have learned a lesson and want to be a better person. Do an advanced driving course (this will have to be off road or theory only), do some voluntary / charitable work and other forms of self improvement. Stay away from drink and drugs and keep your nose clean.

corcaigh1

New laws brought in recently mean that you can't appeal convictions of two years or less, that is why some judges handed out disqualifications of 2 years and 1 day so you could appeal but in your case that didnt happen..the following is taken from citizens info below..


If you have been convicted of motoring offences and disqualified from driving in a District Court, you can appeal the disqualification to the Circuit Court. You must lodge an appeal within 14 days of your conviction. If you wish to represent yourself, the court clerk in your local District Court will help you complete the necessary forms. Alternatively, your solicitor can assist you.
If you have been disqualified from driving and wish to apply to the courts for an early restoration of your licence, you may do so in person or through a solicitor following payment of the appropriate fee. You may apply for the early restoration of your driving licence when half your disqualification period is over, but you cannot appeal convictions involving a disqualification of two years or less.
The court clerk of your District and Circuit Court will tell you about the court venues and dates.

JimsAlterEgo

willing to bet it was a no overtaking zone

monument

Sparticous wrote: »

well lads and ladies.

i was banned for driving for 2 years in august 2009 for dangerous drivng.(overtaking doing 140 km) This ban is affecting me big time as transport to work is costing me a fortune every week and everybody knows that your car is sort of a idependance for you.do you think come this august when i have half my ban done that ill have a chance of geting my licence back considering i need it for work...

In Advance Thanks to anyone who takes their time to reply its much appreciated.

In what way do you need your car for work?

Cookie_Monster

monument wrote: »

In what way do you need your car for work?

to work I think is the answer

eth0_

No doubt when the OP's license is restored, is insurance premium will be unaffordable when he mentions his ban!

Sorry but overtaking on an 80km road at 140? That's just showing off. Thank god the guards were actually out checking for speeders that day.

seamus

As per steve's quote below, you can't appeal a driving ban of two years or less.

You're stuck with it.

Forget about the car and start looking at alternative options - move closer to work, get on a bike, etc. After the ban is up you'll find yourself less dependent on the car and less willing to pay the €8k+ that the insurance companies will be looking for on your 1L Micra.

stevewr1 wrote: »

If you have been convicted of motoring offences and disqualified from driving in a District Court, you can appeal the disqualification to the Circuit Court. You must lodge an appeal within 14 days of your conviction. If you wish to represent yourself, the court clerk in your local District Court will help you complete the necessary forms. Alternatively, your solicitor can assist you.
If you have been disqualified from driving and wish to apply to the courts for an early restoration of your licence, you may do so in person or through a solicitor following payment of the appropriate fee. You may apply for the early restoration of your driving licence when half your disqualification period is over, but you cannot appeal convictions involving a disqualification of two years or less.
The court clerk of your District and Circuit Court will tell you about the court venues and dates.

ullu

Quick question, will the OP have to resit his test when his ban is up or will he be handed his full licence back?

L1011

The Moone bypass was a 100km/h zone (probably still is actually) at the time of the incident not an 80km/h zone so assuming it was here, ye might want to reduce the intensity of the crucification of the OP - he wasn't doing 175% of the speed limit.

HonalD

MYOB wrote: »

The Moone bypass was a 100km/h zone (probably still is actually) at the time of the incident not an 80km/h zone so assuming it was here, ye might want to reduce the intensity of the crucification of the OP - he wasn't doing 175% of the speed limit.

Nawh, crucification numbers are down these days......maybe around Easter might let one or 2 off........:D

Ham'nd'egger

MYOB wrote: »

The Moone bypass was a 100km/h zone (probably still is actually) at the time of the incident not an 80km/h zone so assuming it was here, ye might want to reduce the intensity of the crucification of the OP - he wasn't doing 175% of the speed limit.

There are some parts around Moone that have a 80 Km/h limit and OP did say he did 140 in an 80 zone.

patwicklow

Sparticous wrote: »

wel yes that is a very stupid thing to do on my behalf.im paying for it now..

well count yourself lucky you got 2 year ban and your still alive and no one else was killed. get a push bike...

Sparticous

ullu wrote: »

Quick question, will the OP have to resit his test when his ban is up or will he be handed his full licence back?

yeah ill get the full licence back after 2 years

slimjimmc

Hamndegger wrote: »

There are some parts around Moone that have a 80 Km/h limit and OP did say he did 140 in an 80 zone.

When the OP was caught the only 80k zone was the narrow bit between Crookstown and the Kildare Car Auctions, then 50kph for the roadworks past the Priory. The section of the N9 from Crookstown past Moone and Timolin was 100kph all the way to Castledermot. So if he was doing 140 on the 80kph section then I easily understand why he was banned.

As mentioned already, there's no "early release" from a 2 year ban, only if you got more that 2 years (even a day over would suffice) and it's always at the discretion of the court.

foggy_lad

Op Have you not survived without your car for a year now? Or are you one of the drivers that get banned and continue to drive??

Anyway You did the crime so do the time like a man and stop looking to be baled out like a stupid kid!