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Failed to produce licence

  • 20-06-2011 12:07pm
    #1
    Closed Accounts Posts: 4,791 ✭✭✭


    I was pulled over for tax a while ago (just got the tax that day in the post) and I did not carry my licence with me , and subsequently went on to forget to bring it to the station.. was around the really snowy period last year, and I was snowed in.

    now i've got three summons relating to failure to carry licence, failure to produce and one other.

    Court date is set in sept, but seems like a great pain for all involved, can't I just ring the garda in question and explain the situation to him and get it cancelled.

    BTW I have a licence just around that time was fairly hard for me to produce (even if i did remember) and dont' fancy taking a day off to appear in court.

    I never got a ticket or anythimg from the gard is that normal.


Comments

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


    I don't know what other's think but as a lay person not in the law trade, the first question I'd be asking you is why you didn't phone the Garda station at the time and explain to him that you're snowed in, you might have had some slight chance then even though it sounds like you had a chance to produce before the snow got too severe. Using that excuse 6 months later is hardly going to wash. Time to face the music I think, even if it is "inconvenient".

    No ticket is normal.


  • Registered Users, Registered Users 2 Posts: 7,401 ✭✭✭Nonoperational


    You should have just handed it in when you were asked. You should have it on you anyway. If you took some responsibility for yourself and handed it in when required you wouldn't have to go to court. You do now.


  • Closed Accounts Posts: 7,333 ✭✭✭Zambia


    JJJJNR wrote: »
    Court date is set in sept, but seems like a great pain for all involved, can't I just ring the garda in question and explain the situation to him and get it cancelled.

    You could but if he has done everything re getting you summoned chances are slim, his great pain is over and yours is beginning.

    Best you buy a suit


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


    gpf101 wrote: »
    You should have just handed it in when you were asked. You should have it on you anyway. If you took some responsibility for yourself and handed it in when required you wouldn't have to go to court. You do now.

    Most useless answer possible.

    Could we at least save the moralising for the people who ask how they can get away with rape/murder etc. as opposed to those who forgot to produce a driving licence during a blizzard ?

    OP :

    contact garda station

    ask to speak with garda

    explain you have your docs

    ask would there be a convenient time to come down to the station and show them

    go down to the station and show them

    99% if this is a summons for a dublin city centre court he/she will tell you you're fine and the thing will be struck out.

    practice varies according to local District Court Judges though - you may have to attend.

    if you have to attend, explain in court that you forgot but that you've produced since.

    the summons' will be struck out.

    [and yes its normal not to get a ticket - you were required to produce having been asked to do so]


  • Registered Users, Registered Users 2 Posts: 25,624 ✭✭✭✭coylemj


    Reloc8 wrote: »

    99% if this is a summons for a dublin city centre court he/she will tell you you're fine and the thing will be struck out.

    practice varies according to local District Court Judges though - you may have to attend.

    if you have to attend, explain in court that you forgot but that you've produced since.

    the summons' will be struck out.

    [and yes its normal not to get a ticket - you were required to produce having been asked to do so]

    If he is being summonsed for not having a driving licence then that summons will be struck out because he can show that he did have a valid licence on the day but he still has to answer the charge that he didn't produce the licence within 10 days and the Garda doesn't have the authority to tell him not to attend the court.

    Some judges get very stroppy if the Garda goes into court, says he saw the guy's licence last week or outside the court that day and then asks that all the charges be struck out. The judge is liable to ask 'did you tell the defendant that he needn't attend the court?' and if the Garda says 'yes' he is liable to get his ass kicked, I've seen it happen. If the Garda has any sense he will tell the OP that the 'no licence' summons is ok but that officially he will have to turn up to answer the summons about not producing it.

    Most people though take a chance, don't turn up and they get the Probation Act for the 'failing to produce' summons.


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  • Closed Accounts Posts: 4,791 ✭✭✭JJJJNR


    Thanks I'll take a chance on the phone call to the guard in question, also been on to my sol and he is saying that the time corresponds to the heavy snow and down to my location it will be struck out.


  • Closed Accounts Posts: 4,791 ✭✭✭JJJJNR


    Zambia wrote: »
    You could but if he has done everything re getting you summoned chances are slim, his great pain is over and yours is beginning.

    Best you buy a suit

    Whats this great pain your talking about I've no penalty points!? the worst that can happen is I get two which will have zero effect on my life..

    Get a life and stop posting drivel.


  • Closed Accounts Posts: 4,791 ✭✭✭JJJJNR


    gpf101 wrote: »
    You should have just handed it in when you were asked. You should have it on you anyway. If you took some responsibility for yourself and handed it in when required you wouldn't have to go to court. You do now.

    What!? I'm completely justified and have a valid reason for not producing, I don't need to go into further details than that, now go back to the hole you crawled out of.


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


    JJJJNR wrote: »
    Whats this great pain your talking about I've no penalty points!? the worst that can happen is I get two which will have zero effect on my life..

    Get a life and stop posting drivel.
    JJJJNR wrote: »
    Court date is set in sept, but seems like a great pain for all involved, can't I just ring the garda in question and explain the situation to him and get it cancelled.

    You might know the answer to that yourself, they were your words after all, no one else's. ;)


  • Closed Accounts Posts: 1 ww1


    Hi,

    I was in a similar position to you o.p, but exactly as the more helpful contributions have suggested I contacted the Garda and apologised, met him and produced, and that was the end of the matter.

    Best of luck.


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  • Registered Users, Registered Users 2 Posts: 1,074 ✭✭✭blueythebear


    JJJJNR wrote: »
    What!? I'm completely justified and have a valid reason for not producing, I don't need to go into further details than that, now go back to the hole you crawled out of.

    With respect, you were not completely justified. You were driving without a license on you and this is an offence.

    When you were given the opportunity to avoid a charge by a Garda, you failed to act upon it. In your first post, you said that you forgot to produce your license at the local station. It is convenient for you to blame the snow at the time as a reason for being unable to get to the local station. The fact is that you forgot, otherwise you would have attended the local station after the snow and prayed that a summons had not issued.

    You have what you believe to be a valid excuse but it's not up to you to judge the validity of your excuse. It is for a judge to decide now (or possibly the Garda if willing to strike outp the charge) as the summons issued.

    For what it's worth, it's not the end of the world. A very minor offence which at worst will entail a penalty point and a very small fine and at best will be struck out.


  • Registered Users, Registered Users 2 Posts: 7,401 ✭✭✭Nonoperational


    JJJJNR wrote: »
    What!? I'm completely justified and have a valid reason for not producing, I don't need to go into further details than that, now go back to the hole you crawled out of.

    Because it was snowing? Right. Jesus man up a small bit. You were supposed to carry it on you. You didn't. You were supposed to produce it at the Garda station. You didn't. Now you have to go to court. Sorry if I'm sounding harsh but you had 10 days to produce the license. You didn't do that nor did you ring and explain it to the Garda in question. Then once the snow was gone you didn't go to the station with it. You completely ignored it. It's pretty obvious that the only option you have is to do what you should have done all along and explain yourself to the Garda that asked you to produce the license. It may or may not help you avoid the court date.

    Now I'll run back to my hole as you so nicely put it. Sorry if you wanted me to say you were completely in the right to ignore the law stating you should carry your license and also completely ignore the chance the Garda gave you to produce the license.


  • Registered Users, Registered Users 2 Posts: 25,624 ✭✭✭✭coylemj


    High horse brigade fully saddled and mounted tonight!


  • Closed Accounts Posts: 7,333 ✭✭✭Zambia


    JJJJNR wrote: »
    Whats this great pain your talking about I've no penalty points!? the worst that can happen is I get two which will have zero effect on my life..

    Get a life and stop posting drivel.
    Check you out with your toys all out of the pram.:)

    All I am saying is you have caused the Garda more work than he had to do by ignoring the request to produce. So you now have to attend court as opposed to a Garda station. You made his life harder him ergo....

    It does not make you Irelands most wanted by any means but you really are coming on here saying I don't think I should get a penalised when in all fairness you should.

    I do not however think this is a matter that should go to court. The Garda should have been able to just issue you a penalty notice of some kind for failing to produce. You pay it ,end of story.

    Like I said go to court chances are your solicitor is right and you will get of.


  • Closed Accounts Posts: 4,791 ✭✭✭JJJJNR


    Hold on I'll just become a truck driver and go and murder a few hookers and come back for some advice.


  • Closed Accounts Posts: 4,791 ✭✭✭JJJJNR


    Just a quick update met the guard in question recently and produced, never mentioned weather or went into any details to excuse myself and its all sorted, no issues whatsoever.

    Maybe useful to some people who find themselves in this situation.


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