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driving ban...with no licence???

  • 13-07-2010 10:44pm
    #1
    Registered Users, Registered Users 2 Posts: 3,355 ✭✭✭


    ok folks,first off this is not about me,I don't even own a car :cool:

    but lets just say this is in relation to a friend

    he left school,started working for a large company on the road all day,driving so he was given a company car,but he never got a license,he never even got a provisional

    company insurance covers him,and they obviously don't check out employees license either

    roughly 7 years ago,was caught drink driving and given a one year ban from driving....but they didn't realise he didn't have one to ban!

    he didn't tell work and kept on the road

    fast forward to a few months ago,he gets stopped and asked to present his licence at a station which he ignores

    now he gets a court summons for failing to present his license
    basically he's still driving a decade after starting

    legally whats going to happen to him? what are his options to stop him losing his job? (for which his car is an integral part)


Comments

  • Registered Users, Registered Users 2 Posts: 2,876 ✭✭✭pirelli


    punchdrunk wrote: »
    ok folks,first off this is not about me,I don't even own a car :cool:

    but lets just say this is in relation to a friend

    he left school,started working for a large company on the road all day,driving so he was given a company car,but he never got a license,he never even got a provisional

    company insurance covers him,and they obviously don't check out employees license either

    roughly 7 years ago,was caught drink driving and given a one year ban from driving....but they didn't realise he didn't have one to ban!

    he didn't tell work and kept on the road

    fast forward to a few months ago,he gets stopped and asked to present his licence at a station which he ignores

    now he gets a court summons for failing to present his license
    basically he's still driving a decade after starting

    legally whats going to happen to him? what are his options to stop him losing his job? (for which his car is an integral part)

    A.Take the 250 fine and hope he doesn't get caught again or
    B Get a provisional and do the test.

    Sounds your friend probably had a provisional licence and now he has to do the test. So do the friggin driving test or stay off the road.


  • Registered Users, Registered Users 2 Posts: 3,355 ✭✭✭punchdrunk


    pirelli wrote: »
    A.Take the 250 fine and hope he doesn't get caught again or
    B Get a provisional and do the test.

    Sounds your friend probably had a provisional licence and now he has to do the test. So do the friggin driving test or stay off the road.

    nope he's never had any form of license,provisional or otherwise!

    would he get off as lightly as a fine???


  • Closed Accounts Posts: 5,451 ✭✭✭Delancey


    punchdrunk wrote: »
    nope he's never had any form of license,provisional or otherwise!

    would he get off as lightly as a fine???

    Unlikely - as an unlicensed driver he is also automatically uninsured ( this despite whatever Policy his employer has in place ). The normal practice is for a ban to be imposed for no insurance - your friend needs legal advice and quick and preferably from a solicitor experienced in Road Traffic matters.


  • Banned (with Prison Access) Posts: 4,991 ✭✭✭mathepac


    Not a chance of only a fine.

    1st prosecution:

    Drunk Driving - 1 year driving ban, 3 points on licence (IIRC)
    No licence - 1 year driving ban, 6 points on licence
    No insurance (due to not having a licence) 1 year driving ban, 5 points on licence
    + failure to produce licence
    + fines

    2nd prosecution

    No licence - 1 year driving ban, 6 points on licence
    No insurance (due to not having a licence) 1 year driving ban, 5 points on licence
    Driving while banned - 1 year driving ban, 6 points on licence
    + failure to produce licence
    + fines

    and the judge has the option to send him to jail and his job is gone.

    Good riddance I say and to all like him.


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


    Quite likely he is going to lose his job over this.

    A traveling salesman or rep with no license and a ban is no good to them.
    Unless he takes an office job, if he is good it might be an option

    Even if he gets away with a fine which shouldn't happen, the employer could sack them over this as he basically lied to them.
    Unemployment beckons I think


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  • Closed Accounts Posts: 2,696 ✭✭✭trad


    Also his employer may be liable for prosecution for allowing an unlicensed driver (uninsured). to drive their vehicle.


  • Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    In court its almost certainly going to come out that he has no license, and a conviction for drink driving. He's in potentially very serious trouble and show go to a solicitor for advice, immediately.

    Ignore any advice to the contrary.


  • Registered Users, Registered Users 2 Posts: 7,786 ✭✭✭slimjimmc


    delancey42 wrote: »
    Unlikely - as an unlicensed driver he is also automatically uninsured ( this despite whatever Policy his employer has in place ). The normal practice is for a ban to be imposed for no insurance - your friend needs legal advice and quick and preferably from a solicitor experienced in Road Traffic matters.


    Are you sure?
    I understood it be that once you're accepted onto a policy you're covered. If you're subsequently found to be in breach of the T&Cs the policy can be voided and from that point on you're uninsured, but until then you still have 3rd party cover, no?


  • Registered Users, Registered Users 2 Posts: 11,959 ✭✭✭✭scudzilla


    punchdrunk wrote: »
    ok folks,first off this is not about me,I don't even own a car :cool:

    but lets just say this is in relation to a friend

    he left school,started working for a large company on the road all day,driving so he was given a company car,but he never got a license,he never even got a provisional

    company insurance covers him,and they obviously don't check out employees license either

    roughly 7 years ago,was caught drink driving and given a one year ban from driving....but they didn't realise he didn't have one to ban!

    he didn't tell work and kept on the road

    fast forward to a few months ago,he gets stopped and asked to present his licence at a station which he ignores

    now he gets a court summons for failing to present his license
    basically he's still driving a decade after starting

    legally whats going to happen to him? what are his options to stop him losing his job? (for which his car is an integral part)

    I'd say he should be more concerned about losing his freedom


  • Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    slimjimmc wrote: »
    Are you sure?
    I understood it be that once you're accepted onto a policy you're covered. If you're subsequently found to be in breach of the T&Cs the policy can be voided and from that point on you're uninsured, but until then you still have 3rd party cover, no?
    All those policies have a line to the effect, "provided the person driving holds a licence to drive the vehicle or has held and is not disqualified from holding or obtaining such a licence".

    That excludes anyone that has never had a licence.


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  • Registered Users, Registered Users 2 Posts: 3,355 ✭✭✭punchdrunk


    scudzilla wrote: »
    I'd say he should be more concerned about losing his freedom

    really? I mean he's been a bit of a muppet about some things in his life (i.e this) but he's really a truly nice guy,prison would ruin him completely :(


  • Registered Users, Registered Users 2 Posts: 20,397 ✭✭✭✭FreudianSlippers


    punchdrunk wrote: »
    really? I mean he's been a bit of a muppet about some things in his life (i.e this) but he's really a truly nice guy,prison would ruin him completely :(
    What is it they say: "Don't do the crime if you don't want to do the time"?


  • Closed Accounts Posts: 5,451 ✭✭✭Delancey


    punchdrunk wrote: »
    really? I mean he's been a bit of a muppet about some things in his life (i.e this) but he's really a truly nice guy,prison would ruin him completely :(

    Well , I reckon he will be in deep sh1t if it emerges he drove after being banned for Drink Driving - but TBH I don't know enough to say he's looking at jail.


This discussion has been closed.
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