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What Happens in Court

  • 07-09-2011 12:04pm
    #1
    Closed Accounts Posts: 4


    Hi All,

    First Time poster. Nice to meet ye. I got caught driving without insurance early this year, I genuinly thought I actually had insurance but it turns out that it was cancelled when my direct debit came out, the letters were posted to my old house, so i never got them (it is completely my own fault, I know, i should have kept an eye on it all and I take full responsiblity)
    Now on the day, I convinced the guard black and blue that I had insurance, (which i thought i had) so it really looks like I was lying to him. I discovered the following day when I rang insurance people that I didnt actually have insurance, so I reinsured myself straight away. (which makes no difference to the case I know), obviously I didnt hand in my cert to the garda station, which I am now regretting not just owning up when I found out, I just didnt know what to do at the time...I am very new to all of this as it has never happened to me before.

    I have gotten a solicitor to help me, but I have never been to court before as I have not had any previous offence, penelty points etc...

    What I am reallyl wondering is, what will i expect the day in court as I am very very nervous about it, do I get called to a stand, will the judge ask me questions, as I am very afraid I may get shaky and start crying or something (not look for sympathy off judge, its just something that seems to happen to me when I am scared or nervous)

    Has anybody been through the same situation, and if so, what happens, I know the outcome, driving ban, huge fine and penalty points, which I am trying to prepare myself for moneywise and jobwise. But The actual day in court does anybody know what happens inside there.

    Any experience or advise I am hoping will help!


Comments

  • Registered Users, Registered Users 2 Posts: 1,759 ✭✭✭gustafo


    All you will have to do is stand up when your name is called and your solicitor will do the talking for you,

    Unless you have a problem with the charge then the judge will ask you to approach the box,


  • Closed Accounts Posts: 4 Chant23


    Thanks so much Gustafo! Much appreciated! Hopefully i'll be able to calm myself down beforehand!


  • Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    Was the insurance cancelled by registered post? If so, who signed for it?


  • Closed Accounts Posts: 4 Chant23


    No, not that I was aware of. I got nothing registered about it, as I am sure my old landlord would have made me aware of it. I had moved out of the house five months previous. Should a registered letter have come to me in regards to this? As this has never happened to me before I actually do not know.


  • Registered Users, Registered Users 2 Posts: 1,635 ✭✭✭TylerIE


    Chant23 wrote: »
    Hi All,

    First Time poster. Nice to meet ye. I got caught driving without insurance early this year, I genuinly thought I actually had insurance but it turns out that it was cancelled when my direct debit came out, the letters were posted to my old house, so i never got them (it is completely my own fault, I know, i should have kept an eye on it all and I take full responsiblity)
    Now on the day, I convinced the guard black and blue that I had insurance, (which i thought i had) so it really looks like I was lying to him. I discovered the following day when I rang insurance people that I didnt actually have insurance, so I reinsured myself straight away. (which makes no difference to the case I know), obviously I didnt hand in my cert to the garda station, which I am now regretting not just owning up when I found out, I just didnt know what to do at the time...I am very new to all of this as it has never happened to me before.

    I have gotten a solicitor to help me, but I have never been to court before as I have not had any previous offence, penelty points etc...

    What I am reallyl wondering is, what will i expect the day in court as I am very very nervous about it, do I get called to a stand, will the judge ask me questions, as I am very afraid I may get shaky and start crying or something (not look for sympathy off judge, its just something that seems to happen to me when I am scared or nervous)

    Has anybody been through the same situation, and if so, what happens, I know the outcome, driving ban, huge fine and penalty points, which I am trying to prepare myself for moneywise and jobwise. But The actual day in court does anybody know what happens inside there.

    Any experience or advise I am hoping will help!

    Seeing as you almost convinced the guard on the day that you had insurance, and subsequently failed to produce, have you considered getting in touch with the guard in question and explaining how it came about?

    Or have you discussed this option with your solicitor??

    It will still go to court, but as you may be aware, punishments for no insurance can vary from fines and disqualifications to imprisonment, so if the guard is able to present the case in a more favorable manner (ie it was carelessness as opposed to blatent disregard for the law) it may benefit you.


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  • Closed Accounts Posts: 4,725 ✭✭✭charlemont


    Expect 2 years off the road and a fine and 5 points and another penalty for failure to produce.


  • Closed Accounts Posts: 4 Chant23


    Thanks Guys,
    I am aware of what to expect Charlemont thanks, as i checked up on the outcome, and I am under no illusions that it will be good, I am preparing to be taken off the road, my question was in regards to what happens in court as I have not experienced before.
    Tyler, I am going to speak to my solicitor about that tommorow, as of yet, I had not contacted the guard, as I didn't know what to say to him, I am not the best at speaking up for myself, as I get a small bit of a stutter when I am nervous.


    Thanks for the advise.


  • Registered Users, Registered Users 2 Posts: 28 Lawstudent21


    My sister was in the same situation i.e. being very very nervous heading into court after being caught for no insurance and had never set foot in a court before, she said her name and the solicitor done a bit of talking for her and then the judge asked her why she didnt have insurance on the day and she gave her reason in one line and that was it. They say what your fine or whatever is and move on to the next case and then you can leave! No reason to be too nervous;-)


  • Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    it is a condition in many policies that insurance cancellations are notified by registered post. If registered post was not sent the policy might have been still in force. Check your policy documentation and bring it to your solicitor.


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