forgot to show at Garda station with licence

ballyharpat

Hi,
I have been waiting for a fine to pay for driving without a seat belt, I was stopped about 20ft from work, I was just pulling out and they were stopped there, I normally put on the belt when I am going on to the road, but that day I was surprised to see them there and failed to put on my seatbelt as I thought there was something serious-accident or something.
ANyway, I was told I would be getting a fine and think they told me to present my licence at the station, just dawned on me that I forgot about this, it was about 6 weeks ago, any suggestions on what I should do?

I am thinking that they may have decided to let it slide and maybe 'forgot' about me?:o
If they didn't forget about me, and I have forgotten to show at the Garda station, what happens next? will I get a summons?

really have no idea about this kind of stuff.....

biko

Do you recall the name of the Garda? If so ask for them at the station and see what's up?

ballyharpat

ballyharpat wrote: »

Hi,
I have been waiting for a fine to pay for driving without a seat belt, I was stopped about 20ft from work, I was just pulling out and they were stopped there, I normally put on the belt when I am going on to the road, but that day I was surprised to see them there and failed to put on my seatbelt as I thought there was something serious-accident or something.
ANyway, I was told I would be getting a fine and think they told me to present my licence at the station, just dawned on me that I forgot about this, it was about 6 weeks ago, any suggestions on what I should do?

I am thinking that they may have decided to let it slide and maybe 'forgot' about me?:o
If they didn't forget about me, and I have forgotten to show at the Garda station, what happens next? will I get a summons?

really have no idea about this kind of stuff.....

Usually you would get a couple of days over the 10 to produce just in case. In this instance with it being six weeks then it's more than likely gone to summons. You will be summonsed for both offences. On the day of court seek out the prosecuting member and show them your licence. They will strike out your driving licence offences. Then you will be left to deal with the seat belt offence before the judge.

Bosh

foreign wrote: »

Usually you would get a couple of days over the 10 to produce just in case. In this instance with it being six weeks then it's more than likely gone to summons. You will be summonsed for both offences. On the day of court seek out the prosecuting member and show them your licence. They will strike out your driving licence offences. Then you will be left to deal with the seat belt offence before the judge.

Assuming that the member put the production through via FCPS you will also be summonsed for failing to produce licence (2 counts); therefore you would receive 4 summonses;

1. Seat belt
2. No driving licence
3. Failing to produce (there & then)
4. Failing to produce (within 10 days)

On production in court 2 & 3 would be struck out, 4 depends on the Judge, they all differ.

ballyharpat

Went up to the station today, told the Guard the story, he said they probably are just letting it slide since I haven't received anything.....got his name anyway, just in case there is any problem down the line....

wicklaman83

ballyharpat wrote: »

Hi,
I have been waiting for a fine to pay for driving without a seat belt, I was stopped about 20ft from work, I was just pulling out and they were stopped there, I normally put on the belt when I am going on to the road, but that day I was surprised to see them there and failed to put on my seatbelt as I thought there was something serious-accident or something.
ANyway, I was told I would be getting a fine and think they told me to present my licence at the station, just dawned on me that I forgot about this, it was about 6 weeks ago, any suggestions on what I should do?

I am thinking that they may have decided to let it slide and maybe 'forgot' about me?:o
If they didn't forget about me, and I have forgotten to show at the Garda station, what happens next? will I get a summons?

really have no idea about this kind of stuff.....

If i remember correctly you have to nominate a station of your choice to produce at.
To serving members is this still the case.

OP if it is i cant understand how you "think" you were asked to you would've have to say a station you were calling to

ballyharpat

wicklaman83 wrote: »

If i remember correctly you have to nominate a station of your choice to produce at.
To serving members is this still the case.

OP if it is i cant understand how you "think" you were asked to you would've have to say a station you were calling to

It would have been my local station, I "think" should be changed to I'm "sure"......I live a stones throw from the station.....

ballyharpat

ballyharpat wrote: »

Went up to the station today, told the Guard the story, he said they probably are just letting it slide since I haven't received anything.....got his name anyway, just in case there is any problem down the line....

Six weeks would be normal. EG, give the ten days plus another couple just in case. Then send the FCPS and wait for it to be processed. Or generate the summons and wait for it to be served. Unless you speak with the Garda who stopped you than you won't know for sure until the post arrives or six months pass.

Victor

ballyharpat wrote: »

Went up to the station today, told the Guard the story, he said they probably are just letting it slide since I haven't received anything.....got his name anyway, just in case there is any problem down the line....

Did you produce your licence to them and get it put in the log?

Zambia

Would seat belt not just be a ticket offence?

King Ludvig

Zambia wrote: »

Would seat belt not just be a ticket offence?

I think that's a seperate issue though. There's also an obligation to produce your driving licience on request by a Garda. The OP didn't have it at the time so was given 10 days to produce it at a nominated Garda station, which he didn't do, and thats an offence in itself. So it's a seperate issue to the seatbelt offence which is just a fine and 2 (or is it 3 now with the new Road Traffic Act) penalty points. I wonder does the Guard need to see the information on the licence to put the points on to it though?

Bosh

Just to clarify; Gardai don't apply points (see previous tediously unending threads )

Member records whatever information is to hand at the time. If person doesn't have their licence at the time they supply the licence number on payment of fine (either at FCPS stage of following court).

Details then supplied to RSA who apply points.

HTH

ballyharpat

Victor wrote: »

Did you produce your licence to them and get it put in the log?

Hey Victor,

I did produce my Licence, I had it opened on the counter and he never even looked at it, I did not ask him to put it in the log
Worst case scenario, I believe would now be the fine and points for not wearing a seatbelt.....

Zambia

Zambia wrote: »

Would seat belt not just be a ticket offence?

On it's own yes. If it was with other ticket offences they are processed by FCPS together.
When there is an offence not covered by FCPS with another FCPS offence they wou go by summons or charge.

Zambia

Thanks but why would any be thrown out ?

Seat belt - > Wasnt wearing
No driving licence - > Surely if he did or did not have a licence can be ascertained by the Garda from the corporation direct?
Failing to produce (there & then) - > He didnt
Failing to produce (within 10 days) - > He didnt

Zambia

Zambia wrote: »

Thanks but why would any be thrown out ?

Seat belt - > Wasnt wearing
No driving licence - > Surely if he did or did not have a licence can be ascertained by the Garda from the corporation direct?
Failing to produce (there & then) - > He didnt
Failing to produce (within 10 days) - > He didnt

Seat belt - > He will be prosecuted if the Garda proceeds
No driving licence - > It's not for us to do the running around to make sure every driver who fails to produce has a licence.

Failing to produce (there & then) - > You may drive more than one car on a day to day basis. Current licence is not travel friendly. The new credit card style ones should solve that.

Failing to produce (within 10 days) - > Because sometimes people genuinely forget to produce a licence or do so after a summons has been applied for. They produce in court and the Garda strikes it out. If they went ahead and then the driver produces the licence once the case starts then the Judge will strike it out. The Judges prefer that this is all done before the court business starts. Same applies to Insurance.

Zambia

foreign wrote: »

No driving licence - > It's not for us to do the running around to make sure every driver who fails to produce has a licence.

With respect it is the Garda who is charging the person surely its the Gardas burden to prove the person does not have a driving licence.

foreign wrote: »

Failing to produce (there & then) - > You may drive more than one car on a day to day basis. Current licence is not travel friendly. The new credit card style ones should solve that.

True the large licences are a friend to no-one

foreign wrote: »

Failing to produce (within 10 days) - > Because sometimes people genuinely forget to produce a licence or do so after a summons has been applied for. They produce in court and the Garda strikes it out. If they went ahead and then the driver produces the licence once the case starts then the Judge will strike it out. The Judges prefer that this is all done before the court business starts. Same applies to Insurance.

Why would the Judge strike it out if the charge is failing to produce in 10 days producing it at court should not be a reason to strike it out?

All very odd to me I do mean no offence by that.

Zambia

Zambia wrote: »

With respect it is the Garda who is charging the person surely its the Gardas burden to prove the person does not have a driving licence.



Why would the Judge strike it out if the charge is failing to produce in 10 days producing it at court should not be a reason to strike it out?

All very odd to me I do mean no offence by that.

Not producing is enough to show there is no licence. It's up to the defendant to prove they have one.

In the case of a genuine mistake why should somebody receive a conviction if they have a licence? You need to bring some amount of common sense to these proceedings.

Zambia

foreign wrote: »

Not producing is enough to show there is no licence. It's up to the defendant to prove they have one.

In the case of a genuine mistake why should somebody receive a conviction if they have a licence? You need to bring some amount of common sense to these proceedings.

Would you agree the corporation should make the persons licence status available to police to be viewed roadside or from the station? The whole making people attend a police station is a bit pants. Both here and in Ireland.

goldie fish

The purpose of the licence is to provide the identity of the driver. The law requires them to have it with them while driving. If they don't have it when driving an offence has been committed.

Zambia

goldie fish wrote: »

The purpose of the licence is to provide the identity of the driver. The law requires them to have it with them while driving. If they don't have it when driving an offence has been committed.

Not much use of a law if Judges strike it out.

Zambia

Zambia wrote: »

Would you agree the corporation should make the persons licence status available to police to be viewed roadside or from the station? The whole making people attend a police station is a bit pants. Both here and in Ireland.

The driving licence part of PULSE should be more in line with what the Council and now the RSA hold.

There are a lot of things that can be done better but it's Ireland.


And re the law, I don't have a problem with it being struck out. It could happen to any decent citizen.