Quick Legal question in relation to court summons

Stephen087

I was just wondering if anyone can help me out with figuring this out.

I was stopped in July and my tax was out of date, the garda checked my insurance, tax and NCT discs and then asked for my Licence. I showed my licence and the garda took it to her car and ran it through she then told me that I would be getting a fine and nothing else would be happening and if I paid it I was fine.

Today I got 5 court summons, 1 says I was driving without a licence, 1 says I failed to produce the licence and I failed to produce the licence within 10 days. The other 2 say I have no Insurance and failed to produce the insurance certificate.

I am really confused about this as I showed a valid licence and insurance disc and wasn't told I needed to produce them after. What should I do here?

John McClaine

The Garda's name should be on the summons, find out where she works (your local Garda station will tell you call in) and give her a ring (better still if you can call in to her where she works with your documents) and explain your story to her. She should strike out the no insurance/no driving licence/ failure to produce summons.That will get rid of a lot of them.

Stephen087

John McClaine wrote: »

The Garda's name should be on the summons, find out where she works (your local Garda station will tell you call in) and give her a ring (better still if you can call in to her where she works with your documents) and explain your story to her. She should strike out the no insurance/no driving licence/ failure to produce summons.That will get rid of a lot of them.

Cheers John I gave the station a ring and was told to pop down tomorrow. I hope all of them get struck down as they are all regarding insurance/licence issues and I produced both on the night. I asked if there was anything else would happen and she said it was fine once I paid the fine, which I did the next day. I don't see why I am being summoned, thats what is annoying me here.

PCPhoto

Stephen087 wrote: »

Cheers John I gave the station a ring and was told to pop down tomorrow. I hope all of them get struck down as they are all regarding insurance/licence issues and I produced both on the night. I asked if there was anything else would happen and she said it was fine once I paid the fine, which I did the next day. I don't see why I am being summoned, thats what is annoying me here.

unfortunately there is a lot of errors made in the irish system .... take heart in the knowledge you are not the only one (I had a similar thing with tax ...all sorted then while I'm away on holidays a garda arrived at my parents door with a court summons - my mam nearly lost her life)

ieoinu

Stephen087 wrote: »

Cheers John I gave the station a ring and was told to pop down tomorrow. I hope all of them get struck down as they are all regarding insurance/licence issues and I produced both on the night. I asked if there was anything else would happen and she said it was fine once I paid the fine, which I did the next day. I don't see why I am being summoned, thats what is annoying me here.

Your disc is not proof of insurance so you didn't produce your insurance on the night. What would normally happen is that if you don't have your cert with you, most don't, you have to produce you cert and licence within 10 days at a Garda Station. You didn't produce it so the summonses are automatically issued. You then get summonsed for no licence, no insurance and failing to produce. Looks like you're getting another chance to produce and are avoiding a Court appearance.

castie

ieoinu wrote: »

Your disc is not proof of insurance so you didn't produce your insurance on the night. What would normally happen is that if you don't have your cert with you, most don't, you have to produce you cert and licence within 10 days at a Garda Station. You didn't produce it so the summonses are automatically issued. You then get summonsed for no licence, no insurance and failing to produce. Looks like you're getting another chance to produce and are avoiding a Court appearance.

Surely they need to tell you that you need to produce though.

Stephen087

Hey guys thanks for the replys. Just back from the station and I produced the insurance and Licence again and the garda said it was ok and she would have it struck out.

Still a bit confused about the situation and why it took so long to get to me but I'm glad its sorted out now.

GerardKeating

Stephen087 wrote: »

Hey guys thanks for the replys. Just back from the station and I produced the insurance and Licence again and the garda said it was ok and she would have it struck out.

Still a bit confused about the situation and why it took so long to get to me but I'm glad its sorted out now.

Did you get the name/number of the Garda you dealt with, since you are once the victim of an admin error, it would be a same if you were a victim a second time, if they forget to strike it out...

ResearchWill

Stephen087 wrote: »

Hey guys thanks for the replys. Just back from the station and I produced the insurance and Licence again and the garda said it was ok and she would have it struck out.

Still a bit confused about the situation and why it took so long to get to me but I'm glad its sorted out now.

If I was you I would turn up on the day as on the summons. Guards are human like us all and if I had a euro for every time a Garda forgot to strike something out. So just to be sure to be sure turn up on the day, 99% chance it will be all ok and matter struck out you just don't want to be the one in a hundred.

breanach

ResearchWill wrote: »

If I was you I would turn up on the day as on the summons. Guards are human like us all and if I had a euro for every time a Garda forgot to strike something out. So just to be sure to be sure turn up on the day, 99% chance it will be all ok and matter struck out you just don't want to be the one in a hundred.

Great advise be at the court and if you spot the cop just remind them!

castie

breanach wrote: »

Great advise be at the court and if you spot the cop just remind them!

Some people would have to take time off work for this and explain it to their employer too.

If the Garda said they would strike it out then thats it.
If they fail to do what they commited to doing they should deal with the consequences.

If anyone commented to me afterwards that I should of turned up Id ask if the court/garda would of paid for loss of earnings as a result of time off from work. The answer of course is no.

ResearchWill

castie wrote: »

Some people would have to take time off work for this and explain it to their employer too.

If the Garda said they would strike it out then thats it.
If they fail to do what they commited to doing they should deal with the consequences.

If anyone commented to me afterwards that I should of turned up Id ask if the court/garda would of paid for loss of earnings as a result of time off from work. The answer of course is no.

Legally the OP has been summoned to Court, it is not up to a Guard or any one other than the Judge to say you do not have to turn up. If any person does not want to turn up that's fine, as I said more than likely it will be all ok. The problem is if the Guard forgets or for some reason another Guard is looking after the thing while he she is in another court. The matter is called no answer from the accused, Judge imposes a disqualification. Now this is where the real problem is if you do not appeal that matter within 15 days, then there can not be a stay on the disqualification, (there is an exception if you can prove you did not get the summons). I have for a client work a full day ringing DC clerks and Circuit Court to have an appeal listed well before time, after first making application to extend time. Some Judges may take pity on you but one Judge I knew off would have simply said you received a summons you should have been here, and legally he would have been right.

Ms Minnie Mouse

Not turning up is risky! Back in 2009 I received a summons to attend court for similar reasons (although I had produced but the production hadn't been listed in 'the system'). I contacted the prosecuting Garda and advised I wouldn't be able to make the court date as I had to attend hospital for a biopsy. He stated that he'd request and adjournment and that was that.

Oh - but hang on - I never received notification of the 'new' court sitting.

Was found guilty in my absence - despite the fact that Garda explained to the judge that they had 'not been able to contact' me (for reasons we'll never know) but the judge ruled against me anyway.

First I knew was a ban coming through my door due to the alleged 'non production' of my insurance certificate. Cost me substantially in having to obtain a recognisance from the district court allowing me leave to appeal. Ok, so I consequently had the charges dismissed (after a little chat with the prosecuting guard outside the court) but it was expense and time wasted that I could well have done without.

charlemont

Sounds odd, And you were never asked to produce either..