driving summons

denni26492

Ok before you all start giving out about this I no it was stupid I know peoples lives were in danger and the rest but I would jut like to no the outcome! My brother 18 at the time on the 24th of june 2012 crashed his car.. he bought the car the day before, he had his learner permit and was due to start his lessons d next day.. the night he crashed he was after been drinking he went home from pup and got in to the car with his mate to drive back down to the pub.. on his way out of the estate about five doors away from our house he lost control hit a wall and someone elses car.. his friend in d car with him was drunk 2 and knocked himselg unconcious for about 2 mins but they rang ambulance anyway so guards came., so he had no insurance and was drink driving.. he then gave up d drink he off it since he aplogized to everyone and fixed up the car he hit.. hes in his 2nd year in college going into his third he gets 100 percent in exams he trains kids in kickboxing he never had any other charges before. ! Yesterday after nearly a year the guards came up with a summons which was dated the 28th a feb but they only bring it up now.. he in court next month and is getting done for no insurance, drink driving (he told d garda on d night how much he drank and agreed with everything told garda it was his fault n all) no tax and no licence... so he did have a licence he can fight that part and maybe the tax too as he just bought the car I dono!

But im just wondering does anyone no the outcome of this in the court and any advice?????


Sorry about the spellings im on a tablet writing and taking the easy way out with the spellings!

billy2012

If he is lucky he will get a ban for a few years and a hefty fine.

Worst case he might get a few months, ban and fine.

The fact that he is college, never been in trouble before, trains kids, has paid for damages, off the drink etc etc. will all work in his favour.

Dress smartly, get a good solicitor, and he might just get away with a ban and fine.

denni26492

Few months oohh I never thought that would happen hope not.. thanks for replying

Paulw

denni26492 wrote: »

he had his learner permit and was due to start his lessons d next day.. .. he in court next month and is getting done for no insurance, drink driving (he told d garda on d night how much he drank and agreed with everything told garda it was his fault n all) no tax and no licence... so he did have a licence he can fight that part and maybe the tax too as he just bought the car I dono!

I'm afraid he did not have a license. He had a learner's permit, which is not a license. He could have also been charged with driving without being accompanied by a licensed driver.

He will need a good solicitor, but either way he will get points on any future license, a few year ban drom driving, combined with a large fine.

billy2012

What court is he in?

TBH I don't see him doing anytime, but it all depends on the Judge and what court he is in.

Does your younger brother happen to be you by any chance?

coylemj

billy2012 wrote: »

TBH I don't see him doing anytime, but it all depends on the Judge and what court he is in.

Precisely why he needs a good solicitor who appears regularly in that court and knows the judge's form.

Hopefully it's not the judge who handed down a 6 months ban for parking in a disabled spot last week, on that basis the OP's brother would be heading for a long stretch on Devil's Island!

denni26492

Billy2012 im a girl so dont know how that would work and its portlaoise

Slyderx1

assuming that the summons was applied for in time by the Garda then he certainly faces a mandatory disqualification on the insurance summons alone and I suggest that he gets a solicitor to represent him because of the drunk driving charge.

LowKeyReturn

Act sooner rather than later and don't be bashful in asking for legal aid (unless someone with more knowledge can correct me on that one).

ResearchWill

LowKeyReturn wrote: »

Act sooner rather than later and don't be bashful in asking for legal aid (unless someone with more knowledge can correct me on that one).

It's very doubtful to get legal aid for motor offences. Not impossible but a solicitor can advise knowing the full facts.

To the OP your brother needs a solicitor, there may or may not be defenses. Your brother depending on readings or if there was no readings is facing 1 to 4 years of a ban, plus fine.

johneym

maybe I heard wrong but I thought the summons had to be issued within 6 months of the offense?

LowKeyReturn

johneym wrote: »

maybe I heard wrong but I thought the summons had to be issued within 6 months of the offense?

I think that's minor offences.

coylemj

LowKeyReturn wrote: »

I think that's minor offences.

All of the offences the OP has mentioned are 'minor offences' in the context of the time limit for the issuing of summons and the jurisdiction of the District Court.

To my knowledge, the only indictable motoring offence is Dangerous Driving causing death or serious harm which virtually guarantees you a date in the Circuit Court.

LowKeyReturn

0 for 2!

ResearchWill

johneym wrote: »

maybe I heard wrong but I thought the summons had to be issued within 6 months of the offense?

It has to be requested that a summons is issued within 6 mints. It can be issued and served after 6 months.

audidiesel

johneym wrote: »

maybe I heard wrong but I thought the summons had to be issued within 6 months of the offense?

summons has to be created within 6 months and executed with 7 clear days till the court date. if not served then it can be renewed indefinitely at 6 month intervals until it is served.

denni26492

It happened last june. Guard brought up the summons two nights ago and on the summons dated February! So....

LowKeyReturn

denni26492 wrote: »

It happened last june. Guard brought up the summons two nights ago and on the summons dated February! So....

...when you give it to the solicitor that will be checked.

ResearchWill

denni26492 wrote: »

It happened last june. Guard brought up the summons two nights ago and on the summons dated February! So....

The important date is the date the summons was applied for not the date of issue.