Disqualified from driving - advice please!

fatewatchers

Hi all,

I got a letter in the post this afternoon telling me I've been disqualifed for driving for two years and fined 800 euro. The background to the story is...

29th October 2010 I bought a secondhand car as my other one had exploded, I had insurance on the other car and had a clause in my insurance that said I could drive other cars as long as they weren't registered in my name. I was on placement in college at the time and crazy busy and I assumed I was covered by my existing policy. I didn't get the certificate of ownership until almost Christmas, in the intervening period I'd been stopped by the guards and asked about my no insurance. I explained the whole situation to the guard and he told me to bring my cert to the garda station, which I will admit I never got around to doing as I was on top of my head.

Anyways, I got a summons, which I expected. Between one reason and another the court date got postponed (on one occasion I could not attend, on another the prosecuting garda couldn't). When the garda couldn't attend in November I got a letter from him telling me this, and also saying that he would let me know in due course when the rescheduled date was. That was grand...until today when I got the letter telling me the court had sat last Friday! I think the punishment doled out was more than a little harsh to be honest, and I can't help thinking it is because I was, in the judges eyes, a no-show. I had no idea the court date was on, I wasn't phoned or written to.

What do I do? I can't be disqualified, I live out in the countryside, I have a young daughter who needs to be brought to school, I have college, placement etc. This was not an attempt to evade insurance - I was paid up fully on the original policy but did misinterpret the policy details. I have had insurance since 2005 with the same company with no claims.... I am terrified I'm going to be banned from driving. I don't mind paying the fine, I should've brought the documents to the garda station but I didn't, and I know I should suck it up and accept the fine, I'd even take penalty points, but disqualification? I can't live my life without driving, it is impossible

I don't need the lecture folks, I am just wondering if I have any grounds for appeal and what do I do?

ResearchWill

It is not clear from your post if the hearing date is more than 14 days ago. If you are less than 14 days since hearing you can then lodge appeal and then ban is stayed. But recogs will need to be set, that is fine in Dublin and Cork where district court sits every day, if the DC only sits once a week or less then your solicitor will have to go to the judge sitting in another town and set recogs.

Sorry I see court say last Friday, so you are in time to lodge appeal. So once appeal is lodged in time you will be ok.

MagicSean

Are you sure you were in fact insured seeing as how you owned the car you were driving?

ResearchWill

MagicSean wrote: »

Are you sure you were in fact insured seeing as how you owned the car you were driving?

While the OP was more than likely uninsured, a lot of judges would in these circumstances either s/o proceedings or no ban.

djk1000

Get to a solicitor and get an appeal in pronto. Explain everything to the solicitor and have a chat with the garda about the situation. Make sure you and the garda are there for the appeal (or at least a letter from the garda stating that you not attending was his oversight) and explain to the judge. Talk to the insurance company and get written confirmation that you were or were not covered.

I'd agree that the no show was a major factor in the seriousness of the punishment, so a reasonable explanation with the garda backing you up should get you sorted.

fatewatchers

ResearchWill wrote: »

While the OP was more than likely uninsured, a lot of judges would in these circumstances either s/o proceedings or no ban.

Thanks for replying, can I just ask what does "s/o proceeedings" mean?

Upon reflection I think that I was uninsured but, as I said, that was not an attempt to evade paying insurance, I simply misinterpreted the certificate. I am on my 7th consecutive insurance policy with the same company, with no claims in all that time. If I am disqualified I'll have to drop out of college. I'll have to move into town for my daughters school (which I can't afford and would mean a lot of isolation for us both). I'm a single mum and I live with my parents due to financial necessity, so being disqualified would be catastrophic.... I am terrified this is going to happen Is there any point in trying to explain my situation to a judge or is he/she just going to ignore that this is going to have a massively detrimental effect on my life? I'm worried that he/she won't take my situation into account... I have had two major panic attacks since getting the letter yesterday. I am a nervous wreck over this. Haven't spoken to the Garda yet as he's not in work until 1pm, but as my Mam said, there is nothing to stop him from saying that he did post out a letter and that I didn't get it.... I hope he's going to be honourable and admit that he never told me about the rescheduled court date.

If I offered to pay the fine, would that be enough, or are their hands tied over the disqualification? Is there such a thing as suspending it and giving a person a years probation, where if there are any more offences, the disqualification would kick in? I am not a drinker, I am a careful driver, have never been in any accidents etc. I don't speed... If I am disqualified though it is going to be an utter disaster, for me and for my daughter.

Thanks for your replies so far folks.

I have an appointment with a solicitor for 10am tomorrow morning.

ResearchWill

fatewatchers wrote: »

Thanks for replying, can I just ask what does "s/o proceeedings" mean?

Upon reflection I think that I was uninsured but, as I said, that was not an attempt to evade paying insurance, I simply misinterpreted the certificate. I am on my 7th consecutive insurance policy with the same company, with no claims in all that time. If I am disqualified I'll have to drop out of college. I'll have to move into town for my daughters school. I'm a single mum and I live with my parents due to financial necessity, so being disqualified would be catastrophic.... I am terrified this is going to happen Is there any point in trying to explain my situation to a judge or is he/she just going to ignore that this is going to have a massively detrimental effect on my life? I'm worried that he/she won't take my situation into account... I have had two major panic attacks since getting the letter yesterday. I am a nervous wreck over this. Haven't spoken to the Garda yet as he's not in work until 1pm, but as my Mam said, there is nothing to stop him from saying that he did post out a letter and that I didn't get it.... I hope he's going to be honourable and admit that he never told me about the rescheduled court date.

If I offered to pay the fine, would that be enough, or are their hands tied over the disqualification? Is there such a thing as suspending it and giving a person a years probation, where if there are any more offences, the disqualification would kick in? I am not a drinker, I am a careful driver, have never been in any accidents etc. I don't speed... If I am disqualified though it is going to be an utter disaster, for me and for my daughter.

Thanks for your replies so far folks.

I have an appointment with a solicitor for 10am tomorrow morning.

S/O is strike out, I still think Judges can for a special reason not ban on a first offence no insurance. But your solicitor can answer that. Have original insurance certs showing your 7 years insurance. Explain to solicitor what happened, and your requirement for the car. Your solicitor will also be able to tell you what the Circuit Judge will more than likely do. I know in Cork on appeal this matter should not end in a ban.

MagicSean

It's possible you can get the disqualification reduced but if you weren't insured its doubtful it will be completely lifted. I suppose it depends on what judge you get and how good your solicitor is. The judge may also want to know why you didn't contact the Garda when you didn't hear from him.

ResearchWill

MagicSean wrote: »

It's possible you can get the disqualification reduced but if you weren't insured its doubtful it will be completely lifted. I suppose it depends on what judge you get and how good your solicitor is. The judge may also want to know why you didn't contact the Garda when you didn't hear from him.

The usual in Cork on a first offence no insurance on appeal, is no ban, the new RTA 2010, did not change the law,

(b) Where a person is convicted of an offence under section 52 tried summarily or under section 56, the court may, in the case of a first offence under the section concerned, where it is satisfied that a special reason (which it shall specify when making its order) has been proved by the convicted person to exist in his or her particular case to justify such a course—


(i) decline to make a consequential disqualification order, or

(ii) specify a period of disqualification in the consequential disqualification order of less than 1 year.



No insurance is section 56, the usual special reason is need car for work.

playmasterone

hi i know this is a new question got banned in 00 for 13 years on my provisional what do i do now to get it back

ResearchWill

playmasterone wrote: »

hi i know this is a new question got banned in 00 for 13 years on my provisional what do i do now to get it back

You can make an application for early restoration, you are aware you could have done that back in 2006 or 2007.

Zambia

Wait a year. Thats some huge ban.

gustafo

playmasterone wrote: »

hi i know this is a new question got banned in 00 for 13 years on my provisional what do i do now to get it back

Goodluck with insurance..your going to need it

MagicSean

playmasterone wrote: »

hi i know this is a new question got banned in 00 for 13 years on my provisional what do i do now to get it back

Did you run over the judges daughter?

playmasterone

what do i need to do to get it back reseach will

ResearchWill

playmasterone wrote: »

what do i need to do to get it back reseach will

A local solicitor can do it it a motion before the court that banned you on notice to AGS once you handed in your licence etc there should be no issue some local Judges require proof of insurance.

fatewatchers

Hi everyone,

OP here. Just thought I'd come back and let ye know how I got on....

I appealled the original disqualification and fine as was suggested. The judge agreed to set it aside until today. Went to court this morning, it took about 1 minute... the Garda was there and was satisfied it was an oversight on my part and not an attempt to evade insurance, solicitor said same, Judge said "Okay, I am striking out all of the summons"....I wasn't sure what that meant, so solicitor told me "no disqualifcation, no fine, no conviction... it's the best possible outcome".

I cannot TELL you how delighted and relieved I am! Thanks for everyone's advice, it was very helpful. The lesson here is to always be doubly, triply sure you do everything promptly and not put things on the long finger!

ResearchWill

fatewatchers wrote: »

Hi everyone,

OP here. Just thought I'd come back and let ye know how I got on....

I appealled the original disqualification and fine as was suggested. The judge agreed to set it aside until today. Went to court this morning, it took about 1 minute... the Garda was there and was satisfied it was an oversight on my part and not an attempt to evade insurance, solicitor said same, Judge said "Okay, I am striking out all of the summons"....I wasn't sure what that meant, so solicitor told me "no disqualifcation, no fine, no conviction... it's the best possible outcome".

I cannot TELL you how delighted and relieved I am! Thanks for everyone's advice, it was very helpful. The lesson here is to always be doubly, triply sure you do everything promptly and not put things on the long finger!

Good to hear, if you remember I said S/O was a good chance. But great to see things workout as they should.