have i a case or not

nick1234

not seaking legal advice,i presume i can ask this question here cause otherwise i can't see any point for this section of the forum..

i just want to know have i a case here,my wife was driving our jeep (i was not insured in it) and she pulled over before a checkpoint to check some things in the tralier,she sort of paniced,but was no need cause everything was fine & the veichle was insured,anyway she panicked and pulled over and slipped the clutch,it was messy looking,when she went to the checkpoint after this,the garda accused me of driving,he assumed we swapped over. he asked why we stopped then!? i told him "she panicked" and just pulled over,simple as, anyway- i had only two days left to go to court to retrive my license back from my drink driving ban two years ago.it was so stressful been accused of driving here in the wrong when i wasn't.i knew the garda had been mistaken,a bad error of judgment,i guess he assumed we pulled over for a reason,he was 200yards away at the time.

i have (2) previous offenses,one for no insurance two years ago,it was due to a mistake my wife forgot to transfer it on the day(yeah very unlucky).my previous ban was drinkdriving,at the time my dad was very sick on the night,during the period i was off i never drove,was NEVER stopped as i hadn't been on the road with any veichle,since this i appeared in court and got my license back with no objections from any garda.

anyway the garda is adamant i was driving and i got summonsed sinse getting my license back.anyway getting back to this,
on the evening when i panicked and gave the false name to the garda,as i mentioned i had two days to go to court to get my license,he pointed at me in the passenger seat and said i was driving! i was so shocked i almost got a heart attack,with two days to go to get my license,i was in a state of disbelief,so i gave a false name,(stupid me)i called to the station after this later that night and met him and told him i panicked and said sorry,he was nice about it,but still thinks i was driving,i guess he thought that's why my wife pulled over.


it's a strange one,have i a case here,my wife will go to court and give evidence that i was NOT driving.??

got 3 summons's now, 1- false name 2- no insurance displayed -3 no insurance as he thinks i was driving it. so my wifes insurance don't count.


it's really his word against ours,look i just want to know if i have a case,no advice needed other than that.
we are very streesed over this.i know the penalty,2 years of a bann for second offense no insurance,and a heafty fine,i just need to know have i a case or are we wasting our time if he says i was driving.

thanks in advance





nick

tom traubert

Nick. Whether you like it or not you are going to need the services of a legal professional if you are going to defend the offences alleged.

The manner in which you've set out your request for information makes this obvious to me.

At the end of the day you accept in your post that you gave a Garda a false name when your name was demanded of you; that's an offence, full stop. It will be difficult to defend. As for the insurance allegation: I mean no offence but it's my opinion that you haven't a hope of convincing a Judge that you're mistakenly accused based on your post above.

nuac

Talk to a solicitor.

Before doing so, put your thoughts in order

nick1234

hi lads,

thanks for the responces,i have spoke to a solicitor sinse,the reason for this post was just to see what the public thought,you know sometimes a solicitor will defend anybody anyway no matter what,seriously they will take on most cases and defend you but this don't mean that you are going to win,i want to get other opinions,who knows somebody here might have had a similar experience.

the above post was written fast,it's hard to explain it in writing fully,i really don't want any legal advice only to see it is really worth our while trying to defend this.

garda VS me is not going to be easy,the state is usually favoured in court due to the obvious fact it the guards job to do this sort of work but he is very mistaken this time. seriously...

MagicSean

It may be your word against his but you are a self confessed liar so that will count against you. You also blame everything on other people so that will likely rub the judge the wrong way too.

nick1234

first post edited now,so it should be easier to read,thanks.

seriously,not seeking legal advice,i just want opinions on the case and if we even have a chance,we are very stressed here about the whole thing,our family is just devastated,we have a new baby on the way,me facing a two year bann again will just be too hard.

as of now already my insurance is crazy,i can't imagine what it will be like with two indorsments on it

really,i am not that stupid to drive with two days to get my license,i tried saying this to the garda,this is why my wife was insured to drive it and why she had everything right on it,apart from the silly tralier which she panicked about.it can happen,my wife often panics at a checkpoint even when things are 200% perfect on the veichle.


thanks all.
nick

nick1234

MagicSean wrote: »

It may be your word against his but you are a self confessed liar so that will count against you. You also blame everything on other people so that will likely rub the judge the wrong way too.

really,self confessed liar? please explain,seriously?

i don't blame my missus for anything,honestly,allthough reading back sean on my above post i can see why i made myself look this way,honest though,she would tell you herself,the first time she forgot to transfer the insurance over,simple mistake,i pleaded guilty that time straight away and it was fine.

i will admit i was wrong for my offence for drink driving though,i blame me for that regardless about what i had to do on the night,shouldn't have done it simple as,no excuses!!


when you go to court a judge don't want to hear excuses,i know this,she wants proof,facts & honesty.
not a lot of good thought when the state is usually favoured in court is it/...

Marcusm

Ultimately it will all hang on whether the DJ prefers the Garda suspicion that you were driving and the evidence to be given by you and your wife. It might be worthwhile establishing the distance from the checkpoint as that would assist your solicitor as to whether he saw you driving or formed an opinion based on what he viewed as erratic or suspiscious behaviour. Your giving of a false name will harm your credibility as a witness as might your wife's relationship with you.

If the judge cannot determine beyond reasonable doubt that you were driving he will have to acquit/strike out on all counts. Even the requirement to provide your name arises under RTA and would apply, I believe, only to the driver. Your credibility would not be in doubt absent the false name so don't blae your wife for everything.

12 element

nick1234 wrote: »

really,self confessed liar? please explain,seriously?

You gave a different name and then came clean about it.

nick1234

thanks guys for this,seriously appreciated!!

no god no,i won't blame my wife for anything,i didn't think i was,i must be honest thought and say it as it happened.only thing i can say is she was driving and she done nothing wrong!!
she had tax and insurance,it really is me VS state here.

yes,of course i gave a false name,first time ever in 38 years to a garda,i was well out of line and out of charachter,i guess honestly i thought he would object to me getting my license back two days later. /:

stupid thing to do....

i feel this false name and my previous offenses i'm up s'##t creek without a paddle.....

nick1234

honestly,this garda obviously does not know anything about my wife,i lost major credability with my family after my drink driving offense,NOT on MY life would she let me drive whilst holding a suspended license! honestly she wouldn't let me near the veichle.


i don't know this is messed up,big time...