2nd summons for same offence

behan29

in july 2009 i made an genuine error with car insurance,simply put got date of nct/insurance mixed up. got stooped by garda and car impounded. this was a genuine mistake. the garda said that i had nothing to worry about etc, said i would be in court by december. I went to court in dec 09 and for whatever reason my case was not heard, i approached the garda and he said that he would issue me with another summons, tonight i got in from work and i have being issued with another summons,and i wont be in court until september, 2 weeks before i get married. i am a genuine and honest bloke and i most definetly have no previous convictions. dose it make any difference that the offence is not 15 months old. please somene offer me some hope, we are thinking of cancelling our wedding as we had planned on going on a driving honeymoon.

sarahchristinem

I wouldn't get too worked up about it. Talk to a solicitor on tuesday. The worst that could happen would be a disqualification that you would have 14 days to appeal during which time the disq would be suspended until the appeal was heard. What district court is it? The summons complaint must have been made within 6 months of the incident but im not too sure if its reissued.

behan29

the district court will be in kilkenny, i am really frustrated, i know i made a mistake and i am glad i wasnt involved in any accidents etc. i work with the gardai on a regular basis, my partner has being really upset, the day i was in court the judge handed out 200 euro fines for no insurance, but the normal judge hands out 2 year disqualifaction for sport.

TheNog

behan29 wrote: »

in july 2009 i made an genuine error with car insurance,simply put got date of nct/insurance mixed up. got stooped by garda and car impounded. this was a genuine mistake. the garda said that i had nothing to worry about etc, said i would be in court by december. I went to court in dec 09 and for whatever reason my case was not heard, i approached the garda and he said that he would issue me with another summons, tonight i got in from work and i have being issued with another summons,and i wont be in court until september, 2 weeks before i get married. i am a genuine and honest bloke and i most definetly have no previous convictions. dose it make any difference that the offence is not 15 months old. please somene offer me some hope, we are thinking of cancelling our wedding as we had planned on going on a driving honeymoon.

the first summons must be applied for within 6 months after the alleged offence. the second summons must be applied within the first 6 months in order to extend the summons for another 6 months. This is usually for people who cannot be found and need to be tracked down.

My strongly recommend you consult with a solicitor and bring with you the first summons you were served.

Also if you are going abroad for your honeymoon, any disqualification in this country does not mean you are disqualified from driving in other countries. This is about to change in the next few months though as a deal was struck between Ireland, Northern Ireland and the rest of the UK meaning if you are disualified here then you are disqualified all over the UK too and vice versa

sarahchristinem

I would suggest talking to a solicitor, it would be worth it even just to put your mind at ease. You might be advised to pay money to a poorbox. That combined with no previous convictions, an honest mistake, evidence that you insured the vehicle asap and that the vehicle is currently insured, fact that your in full time employment, whether you are dependent on driving for work, and maybe even the effect the delay has had on you given it is a minor offence, and the circumstances of your wedding being so close and requiring your license for your honeymoon etc. Courts can be a scary place, but judges are people too!

behan29

thank you for the reply, my partner spoke to the garda several weeks back and he said that there first summons was mislaid, i dint hide away!! the garda station is 5 minutes from my door, i would really like to get into court and if needs be appeal. i know driving without insurance is dreadful, but having this court date hang over my head for another 5 months i find hard to swallow. the garda knows full well that i made a genuine error.

sarahchristinem

Ye, they will be strict with delay considering it is a minor offence hence the requirement to have issued the summons within the 6 month period. If the delay was due to the fault of the gardai it may be even more likely that you would receive a fine or it could possibly be thrown out.

behan29

thanks sarah, i am hoping that is the case, the previous day before i got stopped without inusrance, i had being stopped at a garda checkpoint and the garda that day checked my discs etc and i was waved on, hence that is why i was 110% i was insured. i work within the confines of t6he emergency services and i am fully aware of stupity on our roads.

sarahchristinem

Best of luck with it and enjoy your wedding!

MagicSean

behan29 wrote: »

in july 2009 i made an genuine error with car insurance,simply put got date of nct/insurance mixed up. got stooped by garda and car impounded. this was a genuine mistake. the garda said that i had nothing to worry about etc, said i would be in court by december. I went to court in dec 09 and for whatever reason my case was not heard, i approached the garda and he said that he would issue me with another summons, tonight i got in from work and i have being issued with another summons,and i wont be in court until september, 2 weeks before i get married. i am a genuine and honest bloke and i most definetly have no previous convictions. dose it make any difference that the offence is not 15 months old. please somene offer me some hope, we are thinking of cancelling our wedding as we had planned on going on a driving honeymoon.

Did you actually get a summons for the first court date? Check with the district court and see what the status of the first summons is.

behan29

i got a summons and went to court in dec 09, i got the summons exaclty 10 days before the court date,my solictor said i wasnt on the list and she said she would sort it out, the garda then gave evidence for his cases and that was that, i spoke to the garda in the court that day and he just said, oh, i will send you another summons, my partner spoke to the garda last week and he said, that his sargeant had made a mistake with my 1st summons and hence that was why i wasnt sorted in dec!!

Slick50

Was this your first insurance? how did you get the dates mixed up, did you not get a reminder from your insurance company? I think postponing your wedding might be over reacting a little, get the missus to be to learn how to drive between this and then.

behan29

it was my 2nd insurance, i had checked the insurance and honestly thought the nct was to be done 1st and the my insurance, insurance was due on the 2nd and the nct was the 22nd, i got the dates mixed up, i have no recollection of getting any renewal notice from my insurance company, my partner and i are both working long days and nights,i booked the nct first thinking that was due on the 2nd.

Slick50

You sound like a genuine guy. While no insurance is serious enough, I don't think you should let it interfere with your wedding plans. Get a solicitor and let things take their course, you can delay the a ban if that's the result, untill after your honeymoon. Best of luck with it.

behan29

thanks

Victor

TheNog wrote: »

Also if you are going abroad for your honeymoon, any disqualification in this country does not mean you are disqualified from driving in other countries. This is about to change in the next few months though as a deal was struck between Ireland, Northern Ireland and the rest of the UK meaning if you are disualified here then you are disqualified all over the UK too and vice versa

The problem there is the its hard to hire a car when you have a disqualification or serious endorsement on your licence.