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Driving ban question..

  • 30-12-2011 12:20am
    #1
    Registered Users, Registered Users 2 Posts: 170 ✭✭


    alrite so I got banned off the road 16 months ago so i can apply to get early restoration on my license from a 2year 1 day ban.

    About a week after i got banned i went to grab my license to go get the big endorsement stamp on it only to not be able to find it.

    I had my tickets book for australia for a week and a half after i got banned to get away while i couldnt drive and work abroad, so never got to get a new license and get it stamped.

    What now? will this be a problem when i go to get my license restored or do i just get a new license, hand it in, and when/if i get early restoration, go back down and collect it?

    Thanks lads..


Comments

  • Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    PeterB11 wrote: »
    alrite so I got banned off the road 16 months ago so i can apply to get early restoration on my license from a 2year 1 day ban.

    About a week after i got banned i went to grab my license to go get the big endorsement stamp on it only to not be able to find it.

    I had my tickets book for australia for a week and a half after i got banned to get away while i couldnt drive and work abroad, so never got to get a new license and get it stamped.

    What now? will this be a problem when i go to get my license restored or do i just get a new license, hand it in, and when/if i get early restoration, go back down and collect it?

    Thanks lads..


    This happens a lot. You can't get licence as you are currently banned, so usual is to undertake to endorse when you get new licence after restoration. You say you where banned 16 mints ago and it was 2 year 1 day ban. You could have made your application after 12 months but restoration happens after 16 months, depending where you are in country your application may take a few months to get to court, so I would get a move on.


  • Banned (with Prison Access) Posts: 4,991 ✭✭✭mathepac


    As above. It must have been tough in Oz not being able to drive, what with the distances and all.


  • Registered Users, Registered Users 2 Posts: 170 ✭✭PeterB11


    Right so after a thorough search I found the license. Off down to the district court now to hand it in where they will send it off to be endorsed. I'm applying for a date for an attempt to have the ban lifted.

    Few questions;
    Will they wait for the license to be sent back to them endorsed before the application for a court date goes through?

    How long will it take for it to be endorsed and sent back?

    And how long for an application for a court date to go through?

    Reason being, they seem to have NO clue at the offices in the courthouse.
    And when I say no clue i really mean, NO clue!

    Thanks


  • Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    PeterB11 wrote: »
    Right so after a thorough search I found the license. Off down to the district court now to hand it in where they will send it off to be endorsed. I'm applying for a date for an attempt to have the ban lifted.

    Few questions;
    Will they wait for the license to be sent back to them endorsed before the application for a court date goes through?

    How long will it take for it to be endorsed and sent back?

    And how long for an application for a court date to go through?

    Reason being, they seem to have NO clue at the offices in the courthouse.
    And when I say no clue i really mean, NO clue!

    Thanks

    I can assure you the DC office know what to do. But you say to have the ban lifted, it is actually an application for early restoration.

    I would make the application to the court straight away, you will need certain documents, which will have to be served on the local garda, and then given to the DC office with proof of service.

    The matter will then be listed for the next available date. It's impossible to say when as some DC only sit once or twice a month while others sit every day. So best thing to do in my opinion is get a solicitor to do it for you.


  • Registered Users, Registered Users 2 Posts: 170 ✭✭PeterB11


    But will the license not having being endorsed already affect the court sitting?
    Or will it not matter that I'm only handing in the license today and application today?

    Thanks :)


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  • Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    PeterB11 wrote: »
    But will the license not having being endorsed already affect the court sitting?
    Or will it not matter that I'm only handing in the license today and application today?

    Thanks :)

    No I have seen cases where the licence was only handed in on the day of the hearing. Once you can confirm that the licence was handed in you should be fine. Just explain when you are giving evidence to the court.

    Have you all the correct documentation go the application, have you served it.


  • Registered Users, Registered Users 2 Posts: 170 ✭✭PeterB11


    Any help appreciated here researchwill :)

    Story so far:

    Handed the copy to the guard at the desk at the station I was first charged.
    Made the application got it signed by commissioner of oaths etc.
    Paid the 52 for the application and all was dandy, was told to appear in court the end of this month and was given a copy of "application for removal of disqualification order".

    Now the commissioner of oaths told me I need to bring 2 things, one being a letter from my insurance company saying they would insure me (quinn direct, hopefully will send me the letter, got a quote from a broker already and it was 'reasonable') but cannot for the life remember what else he said?

    Any ideas?

    Going to call a solicitor tomorrow and have a chat over the phone and ask him to represent me on the day and hopefully it will go according to plan :/

    Any tips appreciated, thanks lads


  • Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    PeterB11 wrote: »
    Any help appreciated here researchwill :)

    Story so far:

    Handed the copy to the guard at the desk at the station I was first charged.
    Made the application got it signed by commissioner of oaths etc.
    Paid the 52 for the application and all was dandy, was told to appear in court the end of this month and was given a copy of "application for removal of disqualification order".

    Now the commissioner of oaths told me I need to bring 2 things, one being a letter from my insurance company saying they would insure me (quinn direct, hopefully will send me the letter, got a quote from a broker already and it was 'reasonable') but cannot for the life remember what else he said?

    Any ideas?

    Going to call a solicitor tomorrow and have a chat over the phone and ask him to represent me on the day and hopefully it will go according to plan :/

    Any tips appreciated, thanks lads

    I have no idea what the second thing is. The insurance letter is something that some judges require and some don't.


  • Registered Users, Registered Users 2 Posts: 170 ✭✭PeterB11


    Well commissioner of oath said without the letter he wont issue my license back.

    I'll ask a solicitor tomorrow what else I need he might know.

    Thanks alot everyone who replied :)


  • Closed Accounts Posts: 11 wedge911


    im sorry for posting ere but seems to be good answersi am from letterkenny i was banned in sligo court for three years and was wondering if i had to go back up to sligo for early restoration of my license


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  • Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    wedge911 wrote: »
    im sorry for posting ere but seems to be good answersi am from letterkenny i was banned in sligo court for three years and was wondering if i had to go back up to sligo for early restoration of my license

    It has to be the court which imposed the ban.


  • Closed Accounts Posts: 11 wedge911


    thanks very much ..as above i neverhanded in my license as it was lost and when i went to get a new one for the endorsement i couldn't get 1 how would that affect me in court


  • Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    wedge911 wrote: »
    thanks very much ..as above i neverhanded in my license as it was lost and when i went to get a new one for the endorsement i couldn't get 1 how would that affect me in court

    See post 2 above.


  • Closed Accounts Posts: 11 wedge911


    thanks i missed that


  • Registered Users, Registered Users 2 Posts: 170 ✭✭PeterB11


    They actually require you to hand in a license. They said the judge wouldnt grant my license back unless I had handed in a license, they need to endorse it.

    I was advised to go to the license issuer/guards and explain my situation, try get a new one and come back. This was told to me in the district court.

    I tore the house apart, and eventually found it in with a load of old photos, no idea how or why it got there but i prob put it there for safe keeping once upon a time.


  • Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    PeterB11 wrote: »
    They actually require you to hand in a license. They said the judge wouldnt grant my license back unless I had handed in a license, they need to endorse it.

    I was advised to go to the license issuer/guards and explain my situation, try get a new one and come back. This was told to me in the district court.

    I tore the house apart, and eventually found it in with a load of old photos, no idea how or why it got there but i prob put it there for safe keeping once upon a time.

    I have sat in court on a number of occasions where licences had been lost, and on each occasion the judge ordered the restoration, with an undertaking to endorse once new licence issued.


    Who told you the judge would not grant your licence, back unless you had handed in a licence. A licence issuer can not issue a licence because the person has a ban. They can only issue once ban is finished or there is an order to restore.


  • Closed Accounts Posts: 11 wedge911


    how do i go about getting it back in ...what form do i have to get do i have to get that in sligo..would i be better ringing a solicitor now or wait till i get the form.And do i have to go back up to the gaurd who arrested me on that nite.


  • Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    wedge911 wrote: »
    how do i go about getting it back in ...what form do i have to get do i have to get that in sligo..would i be better ringing a solicitor now or wait till i get the form.And do i have to go back up to the gaurd who arrested me on that nite.

    Contact a local solicitor, he or she will draft the necessary paperwork and make sure it's served and arrange the date, he will also tell you if you need to do anything, some judges require letter from insurance company, the solicitor will know.

    You can make the application any time after half the ban has passed and you may get ban lifted any time after 2/3 of ban has been served.


  • Closed Accounts Posts: 11 wedge911


    how long should it take before it the case comes up in court after u make the application as i havint heard word in about 3 weeks i hav tried to get in contact with my solictor but seem to be ringing when hes out


  • Closed Accounts Posts: 11 wedge911


    thanks for the info ...got the license back yesterday was wodoring do i just go to the tax office now to get it back


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  • Closed Accounts Posts: 11 wedge911


    hello again guys got the license restored in court at the end of march but still says im disqualified when i apply for my license in the tax offices talked to my solicitor at start of april and he still hasnt done anthing about it. is there any1 else i could go to sort it out as im stating a new job on monday week and can only travel by car. also was wondering if im allowed to drive seeing the ban is currently lifted


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