Advice going to court

Zascar

Hey Guys, I have to go to court this week - I've never been before but I just want to make sure I'm prepared. A few months ago I was stopped for speeding. I did not have my licence as I had lost it and the new one was in the post. My NCT was out and I had my test in a few weeks. He asked me to produce my NCT and my licence at my local Garda Station within 10 days.

So, a few days later I produced my licence but told them I had my NCT in a few days, and I would produce it then. So I did my NCT but unfortunately I failed. Turned out some dodgy repair work was done on my car from when someone crashed into the back of me about a year ago. So, it took me a while to get this repaired (arguing with Garage) and get another appointment with the NCT. However before I had even done this, I got 4 summonses in the post.

- Not producing my NCT,
- Driving a car without an NCT,
- Not producing insurance,
- Not having insurance.

Now obviously I do have insurance but he did not tell me to produce it. The NCT, well it had been out for a while but my test was in a few weeks, and when I failed I got the car repaired and it has an NCT now. So, I hope I’m going to be ok – but do you think there is a risk I might get some points or a fine etc?

How does it work when I am in the court, I will bring all my documents to show that I of course have insurance, and I now have my nct. Do I need anything else? Will the judge be asking about how long the NCT was out before I was pulled over and how long before I actually had an NCT, cause it was quite a while.

Should I call the Guard beforehand to have a chat with him? I have to drive all the way down to Kerry for this as that is where it happened. Maybe I’ll be lucky he just won’t turn up!
Any advice appreciated
Thanks

McCrack

You've actually really answered all your concerns yourself. I personally would not make any contact with the prosecuting Garda, as you say he/she might not turn up.

Yes have your documents with you to show the court and be certain with your dates. Check this link for list of PP

http://www.rsa.ie/Documents/Licensed%20Drivers/new_penpoints_chart_apl09.pdf

Milk & Honey

I would always recommend showing documents to the prosecuting guard in advance. Some judges go ballistic when people start producing documents in court. They want the guard to have had an opportunity of seeing the documents in advance so he can ask for a strike out as soon as the case is called and not have everything held up while the documents are considered. Many guards will, if licence, tax and insurance are in order and the NCT has been fixed up will strike everything out, if they are approached well in advance.

McCrack

I agree with Milk & Honey but I personally would wait until the morning to approach the Garda if he/she turns up.

I've seen a situation recently where a phonecall to a Garda to make an enquiry about a matter made prior to the Hearing actually served to remind the Garda of the matter! In other words had this telephone call not been made the cop would not have turned up so be wary of that.

nuac

I agree with Milk and Honey - call or write to the Gárda beforehand and show him/her all your documentation.

With respect to McCrack my experience of decades in the District COurt is that Gárdai usually show up for their cases. Whether the Gárda is based locally or a member of the Traffic Corps ( who usually patrol the entire County or other Gárda District ) they tend to have a number of cases in the local District Court so will be there.

Further both the Judge and Supt or Inspector attending the Court would not be impressed with a "no show"

Jo King

McCrack wrote: »

I've seen a situation recently where a phonecall to a Garda to make an enquiry about a matter made prior to the Hearing actually served to remind the Garda of the matter! In other words had this telephone call not been made the cop would not have turned up so be wary of that.

How often does that happen? Play the percentage game. I know of far more cases where the guard agreed a strike off when someone called to the station as he was beginning a shift and showed their paperwork. If it is the guards only case in that court, he may not bother to go if the NCT is the only substantial matter.

Tom Young

No legal advice available on this forum. None. Don't breach the charter.

McCrack

Jo King wrote: »

How often does that happen? Play the percentage game. I know of far more cases where the guard agreed a strike off when someone called to the station as he was beginning a shift and showed their paperwork. If it is the guards only case in that court, he may not bother to go if the NCT is the only substantial matter.

I honestly could not quantify that in percentages. It's a matter of opinion I suppose and like I said I would personally wait until the morning to approach the Garda (assuming he/she turns up and if not all the better).

Zascar

Thanks for the advice guys. So realistically what are the chances he won't turn up? Small? Maybe not worth the risk I should call him tomorrow.

If I was to wait for the day and try to find the guard, how would I find him I can't remember what he looks like?

McCrack

His name is on the summons you got. If you decide to wait until the morning just go into the Court and there will be dozens of Gardai standing around so just go up to any one of them and ask for him and whoever you ask will know him or will know somebody else that does.

Good luck.

Zascar

Guys can anyone tell me where the court is in Kerry? I cannot find it on Google Maps. I need to be there for 11am, it's a 4 hour drive from Dublin so I might just go the night before and stay in a B&B. 8 hours driving in one day would be a killer.

Jo King

Is this a wind up? There are a number of courthouses in Kerry. It will be written on the summons which courthouse you are to appear in. Look up www.courts.ie for a map.

Zascar

No, I just don't have the summons to hand. I did not realise there would be more than one in Tralee.

Jo King

I never said there was more than one in Tralee.

Zascar

Turns out its Castleisland - no idea where though. I’m off down there tonight so I don't have to leave at 6am tomorrow. I'll get there early, hope the Guard does not turn up, but if he does I have all my documents showing I do have insurance and I now have an NCT. Fingers Crossed.

However, one thing worries me: My NCT was out since Feb, I got pulled by the Guard in March and my NCT Date was in April. I failed that but it was a few months before I actually got the car fixed and then got a date, and passed the NCT. Will I get strung up for this? I did not really use the car as I have a Motorbike for day to day use, commuting etc. I can say the car was off the road but I don’t have any proof or Garda cert etc. Will the judge be looking for all this info or do you think they will just see all is now in order and strike?

Thanks for your help

Reloc8

You're going to find this an awfully underwhelming experience when you do actually go to court and get it dealt with.

In lots of cases similar to yours everything is struck out on proof of insurance & licence, and that an NCT has been procured.

In some cases (judges differ) small fines are imposed for not producing a requested document, and for not having the NCT at the time of the stop. By small I mean 50 quid for non production, around the 150 - 200 for not having an NCT.

You really have very little to worry about.

Just by way of comment it would be vastly unusual for a garda to request production of licence and NCT but not certificate of insurance (unless the insurance was produced at scene) and I mean vastly unusual (almost pointless in fact). If you produced at scene he/she probably forgot that and you should try and talk to him/her before court to remind them. If you did not I would encourage you not to attempt to insist that he/she never asked but that you thought you had produced everything necessary.

high heels

play that the waiting list was 6 months line and dident know untill it was up.. You got the next date that was avalible.

Depends on the judge..

Zascar

Thanks I appreciate that. I just want to make sure I don't get caught out and I might get 5 points or something. If I get a fine then no problem, I broke the law.

The more underwhelming this is the better! I just don't want any surprises!

Reloc8

Ah...I didn't mention penalty points did I. Apologies...

For failing to address defects identified in the test you get 3 points and you are pretty much in the frame for those with no defence on what you say. Be sure and bring proof of passing the NCT together with your failed test cert with you.

Zascar

Crap I'm not sure I have the failed test. Hmmm...

Jo King

I wonder if the o/p made it back from the wilds?

gleep

Deny everything Baldrick

Zascar

I did indeed.

Well it went fine, kinda. I found the guard before the court started and did not even know my case was today! I showed him my insurance and explained I did not realise he wanted me to produce it - he understood. I showed him my NCT and he said that's fine, so it was all good. However, he then realised something. I had made an unbelievably stupid mistake. The insurance cert I brought was my current one, which was valid from May 2010 onwards. The offence happened in April, so it was last years insurance cert I should have had with me. I could not believe I had overlooked that little detail. I was Sh!tting myself thinking I could no longer prove I had insurance at that time. However he was nice and said he's adorn the case for month, and as long as I send it down to him in the post, it would all be fine and I do not have to turn up at the court next time. Phew!

Massive lesson learnt with this one!

Thanks for all your help guys

Reloc8

Sorted - well done - glad it went well.