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Motor tax conviction.

  • 21-09-2012 3:58pm
    #1
    Registered Users, Registered Users 2 Posts: 1


    Hi,

    I've just been to the district court fined €100 and convicted for not displaying an up to date motor tax disc. It went to court because I misunderstood the amount of time I had to pay the initial fine.

    I am wondering how serious this "conviction" is. Could it have any bearing on applications for jobs or visas for travel to other countries for example ?

    I paid the back tax in the interim and when I heard the word "conviction" just became alarmed that what was effectively a clerical mistake on my behalf could now have serious implications down the line.


Comments

  • Registered Users, Registered Users 2 Posts: 28,404 ✭✭✭✭vicwatson


    kavo68 wrote: »
    Hi,

    I've just been to the district court fined €100 and convicted for not displaying an up to date motor tax disc. It went to court because I misunderstood the amount of time I had to pay the initial fine.

    I am wondering how serious this "conviction" is. Could it have any bearing on applications for jobs or visas for travel to other countries for example ?

    I paid the back tax in the interim and when I heard the word "conviction" just became alarmed that what was effectively a clerical mistake on my behalf could now have serious implications down the line.

    Civil matter not criminal offence


  • Closed Accounts Posts: 4,692 ✭✭✭Jarren


    Hmm

    Not sure about the word conviction now

    Traffic offenses

    Travelers with minor traffic offenses which did not result in an arrest and/or conviction for the offense may travel visa free, provided they are otherwise qualified. If you are not sure whether or not you are eligible to travel visa free, the only way to resolve this question is to apply for a visa.

    http://london.usembassy.gov/add_req.html

    I presume that motor tax conviction is classified as minor but it seems that you won't be able to travel to US .


  • Registered Users, Registered Users 2 Posts: 25,619 ✭✭✭✭coylemj


    vicwatson wrote: »
    Civil matter not criminal offence

    It's not a civil matter, he was prosecuted by a Garda or traffic warden in the name of the DPP so it is a criminal conviction, however minor.

    Not paying the tax is a revenue offence so that could be a matter of debate but not displaying the disc is an offence under the Finance Act 1976....

    73.—(1) Where a vehicle to which this Part applies is used, parked or otherwise kept at any time in a public place, if while the vehicle is being so used, parked or kept there is not fixed to and exhibited on the vehicle in accordance with section 5 (5) of the Act of 1920 a licence which is both issued in respect of the vehicle and is for the time being in force, then the person by whom the vehicle is so used, parked or kept at the time shall be guilty of an offence, and in addition to the person aforesaid, the person (if he is not the person aforesaid) who on the day on which the offence is committed is in relation to the vehicle the relevant person shall also be guilty of an offence.


    http://www.irishstatutebook.ie/1976/en/act/pub/0016/sec0073.html#sec73

    OP, while it is technically a conviction, I don't think the Gardai even bother to record this type of offence or convictions and fines for parking.

    To my knowledge there isn't a country in the world that gives a XXXX about minor traffic offences so you have absolutely nothing to worry about.


  • Registered Users, Registered Users 2 Posts: 25,619 ✭✭✭✭coylemj


    Jarren wrote: »
    I presume that motor tax conviction is classified as minor but it seems that you won't be able to travel to US .

    The US concerns itself with crimes involving 'moral turpitude' which clearly does not include minor traffic violations as they call them.


  • Closed Accounts Posts: 5,139 ✭✭✭Red Crow


    The U.S Dept of State will rule you as automatically ineligible for a visa but I imagine if you check with the embassy it should be fine and I imagine that is the same for many countries.

    I think it will certainly make things awkward for you if you wish to travel but it shouldn't stop you IMO.


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  • Registered Users, Registered Users 2 Posts: 25,619 ✭✭✭✭coylemj


    The U.S Dept of State will rule you as automatically ineligible for a visa but I imagine if you check with the embassy it should be fine and I imagine that is the same for many countries.

    I think it will certainly make things awkward for you if you wish to travel but it shouldn't stop you IMO.

    That is total scaremongering.

    Here is the question they ask in the ESTA application...

    Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?


    Clearly the OP can answer 'NO' to that question.

    Clarification on the issue ....

    Crimes involving moral turpitude - Such offenses generally involve conduct which is inherently base, vile, or depraved and contrary to the accepted rules of morality and the duties owed to persons or society in general. There are factors, such as the age of the offender or the date of the offense, that may affect whether an offense will be considered a crime involving moral turpitude for purposes of the Immigration and Nationality Act.

    For further information refer to § 212(a)(2) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(2), § 101(a)(43) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43) and corresponding regulations in the Code of Federal Regulations.


  • Registered Users, Registered Users 2 Posts: 2,789 ✭✭✭slavetothegrind


    agreed, eli that is just not true, i was done for a similar offence ( new vehicle to me so no displayed insurance disc. Was insured and did produce but the ****er did me anyway)

    i have been to the states twice since and no problems, they do not care about minor traffic convictions.


  • Registered Users, Registered Users 2 Posts: 6,124 ✭✭✭kirving


    Did you ever have to mention it?


  • Registered Users, Registered Users 2 Posts: 4,160 ✭✭✭TheNog


    coylemj wrote: »
    vicwatson wrote: »
    Civil matter not criminal offence
    OP, while it is technically a conviction, I don't think the Gardai even bother to record this type of offence or convictions and fines for parking.

    To my knowledge there isn't a country in the world that gives a XXXX about minor traffic offences so you have absolutely nothing to worry about.

    All criminal convictions are recorded no matter how minor they are. It has to be done for those people who are constantly before the court say for no tax


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