Son got 2 year ban for no show in court

cathyfi

Hi wondering if anyone could offer some thoughts? My son was banned off the road in Sept 2009 after he failed to appear in court for failure to produce. Basically he had been stopped and insurance verified etc and let go on his way however knew no more until July 2010 when he was stopped and told he was driving on a ban (He had been stopped many times but never told he was banned) He was then been done on driving on a ban however the judge dismissed it on hearing that he did have valid insurance but refused to lift the ban so his car (with insurance details in window) has been sitting outside my home for the past year while he serves out the remainder of the ban.

What happens now does he just go into the motor tax office and reapply for it?

Also has anyone ever had did happen to them? I feel very strongly about his licence being endorced since he was never guilty of the alleged crime.

Anan1

Whad was he banned for? And why didn't he get legal advice when he was first told that he had been banned?

Henry Ford III

He'd have been served a summons presumably, and notified of his ban?

seamus

cathyfi wrote: »

What happens now does he just go into the motor tax office and reapply for it?

Pretty much. I don't think he fills out a standard application form, just asks them to give it back to him.

Also has anyone ever had did happen to them? I feel very strongly about his licence being endorced since he was never guilty of the alleged crime.

You say he had been stopped "many times" between September 2009 and July 2010, which would indicate to me that he manages to red flag himself whenever he comes across a checkpoint. It's very rare in my experience to get anything but a quick look and waved on at a checkpoint.

It happens often enough that someone doesn't understand a Garda's request to produce insurance or the Garda forgets to say it to the person, but I've never heard of someone receiving a ban in these situations. Typically the court hearing is had, the defendant is not there so the judge postpones it, and the Garda appears at the person's house telling them to go to court.
It would be very odd for someone to be convicted and receive a ban for driving without insurance, completely in absentia (especially since it usually also involves a fine). I would query your son's version of events.

tom traubert

The info in the O.P. is vague. As such I'd suggest that no poster here can offer any info. of value as it will be at least part based on supposition.

The best I can suggest is to have your son see a solicitor. The time frames mentioned may well rule out the possibility of an appeal being accepted but only a legal professional with the full facts at his / her disposal can help in my humble opinion.

Gophur

cathyfi wrote: »

Hi wondering if anyone could offer some thoughts? My son was banned off the road in Sept 2009 after he failed to appear in court for failure to produce. Basically he had been stopped and insurance verified etc and let go on his way however knew no more until July 2010 when he was stopped and told he was driving on a ban (He had been stopped many times but never told he was banned) He was then been done on driving on a ban however the judge dismissed it on hearing that he did have valid insurance but refused to lift the ban so his car (with insurance details in window) has been sitting outside my home for the past year while he serves out the remainder of the ban.

What happens now does he just go into the motor tax office and reapply for it?

Also has anyone ever had did happen to them? I feel very strongly about his licence being endorced since he was never guilty of the alleged crime.

This doesn't add up, IMO.

1. If one is convicted wrongly, one has the right to appeal the conviction. It seems this was not done, for some reason.

2. It is not possible to have "valid" insurance while serving a driving ban. Every Insurance policy I have ever seen stated the driver must hold a licence, or, if having held a licence, is not currently banned from driving.


As was stated elsewhere, get Legal advice, because all may not be what your son has told you.

phill106

Gophur wrote: »

This doesn't add up, IMO.

1. If one is convicted wrongly, one has the right to appeal the conviction. It seems this was not done, for some reason.

2. It is not possible to have "valid" insurance while serving a driving ban. Every Insurance policy I have ever seen stated the driver must hold a licence, or, if having held a licence, is not currently banned from driving.


As was stated elsewhere, get Legal advice, because all may not be what your son has told you.

He thought he had valid insurance as he had not been told he was banned. Im also assuming he was not told to surrender is license at anytime before he was finally stopped and told he had previously been banned.
+100 for solicitor, sounds very strange and you need proper advice.

Operator

Let me firstly state I am not offering legal advise but merely an opinion.

1. I get the impression that you didnt get the full facts in relation to the initial case.

2. A summons would of had to have been served by some method on your son for the case to proceed. I assume in order for the case to proceed in his absence the judge would have queried the service.

3. When the second case was heard, why was it struck out? (some judges do not convict for the offence of driving while disqualified as they believe the law is flawed, ie by prejudicing the suspect before he is found guilty). In any case at the time of the second case you may have been in a position to make an application to extend time to appeal to the Circuit Court. All this paragraph is irrelevant now as the person in question appears to have accepted the punishment and the ban has now been served.

4. Your son should attend the local court office and have hand in his licence to be endorsed, it will be returned to him and assuming he was not ordered to resit his test, the licence will be valid from the date of the bans expiration.

5. If the licence was handed in at the time of conviction, it is in the possession of your local licencing office, contact them at the time the ban expires and they will promptly return it.

Im open to correction in any of the above!:cool: