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Got a summons

  • 12-01-2014 1:01pm
    #1
    Registered Users, Registered Users 2 Posts: 2,375 ✭✭✭


    For driving without a nct and license.
    Now just to be clear I have a licence it just wasn't on me at the time I was pulled over (went through the washing machine) and nct was booked into be completed the following week (passed)
    The thing with the nct was the car was off the road for two years so didn't have any nct sticker on my window. Car declared off the road. But undeclared it when car was fixed and got it taxed , was just waiting for test but had to use my car as a one off before nct came though

    anyway long story short I was asked to produce both at garda station but when I did there was no one on desk. Waited 40 mins and left . I had intended to go back but ended up forgetting

    Had a garda turn up at my door issuing summons.
    went into garda station straight away to try and get everything sorted but garda who issued summons was off

    Whats the likelihood of me having to go to court
    If I can find gaurd and show him documents will that suffice?


Comments

  • Moderators, Science, Health & Environment Moderators Posts: 23,243 Mod ✭✭✭✭godtabh


    A summons means court


  • Registered Users, Registered Users 2 Posts: 2,375 ✭✭✭Sin City


    godtabh wrote: »
    A summons means court

    It does but the guard that called said if I get in contact with the gaurd who issued it it might go away


  • Registered Users, Registered Users 2 Posts: 501 ✭✭✭burke027


    Sin City wrote: »
    It does but the guard that called said if I get in contact with the gaurd who issued it it might go away

    Once the summons is issued I'm fairly sure it's hard to get to go away ur chance is before the summons gets issued. As when it's issued it's logged with the courts


  • Registered Users, Registered Users 2 Posts: 2,907 ✭✭✭power pants


    more than likely you turn up with the documents and it is struck out within seconds


  • Registered Users, Registered Users 2 Posts: 17,875 ✭✭✭✭MugMugs


    more than likely you turn up with the documents and it is struck out within seconds

    Basically.

    Approach the Garda in court and explain and show him your docs. He'll ask the judge to discontinue the matter.


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  • Registered Users, Registered Users 2 Posts: 2,375 ✭✭✭Sin City


    Ok looks like I'm going to court then


  • Registered Users, Registered Users 2 Posts: 2,375 ✭✭✭Sin City


    MugMugs wrote: »
    Basically.

    Approach the Garda in court and explain and show him your docs. He'll ask the judge to discontinue the matter.


    Hopefully this is the case


  • Registered Users, Registered Users 2 Posts: 4,632 ✭✭✭Aint Eazy Being Cheezy


    There's every chance you won't have to attend court. I was summoned because of a clerical error, according to the garda, my producer was logged on the system yet a summons was still issued.

    I phoned the Garda and explained the situation and he told me I didn't have to attend court, he'd handle it.


  • Closed Accounts Posts: 17,733 ✭✭✭✭corktina


    but this isn't a clerical error. He had no license with him , which is an offence and had no NCT, which is an offense.


  • Registered Users, Registered Users 2 Posts: 4,632 ✭✭✭Aint Eazy Being Cheezy


    corktina wrote: »
    but this isn't a clerical error. He had no license with him , which is an offence and had no NCT, which is an offense.

    On second thoughts, yeah you're right :o


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  • Registered Users, Registered Users 2 Posts: 5,193 ✭✭✭Cleveland Hot Pocket


    corktina wrote: »
    but this isn't a clerical error. He had no license with him , which is an offence and had no NCT, which is an offense.

    Not an offence surely - otherwise why would they give you ten days to produce?
    There is no legal requirement to carry your license with you.


  • Closed Accounts Posts: 1,311 ✭✭✭Days 298


    Not an offence surely - otherwise why would they give you ten days to produce?
    There is no legal requirement to carry your license with you.

    No 100% sure but I think they changed it in the 90's that you must have your licence on you. Prior you had 10 days. Really depends on the gard whether to enforce it.


  • Registered Users, Registered Users 2 Posts: 2,907 ✭✭✭power pants


    A few years ago I had no licence on me and also my tax was out of date. I got a copy of my licence which was sent to my email address and i printed that out - black and white std print out

    Got my tax cert back dated as well. went to court and handed the print out licence and my tax cert and was struck out straight away

    I was also summoned for no insurance as well and no nct even though the car was and I produced this to the station within 10 days of being asked

    this was in 2009


  • Registered Users, Registered Users 2 Posts: 11,907 ✭✭✭✭Kristopherus


    Not an offence surely - otherwise why would they give you ten days to produce?
    There is no legal requirement to carry your license with you.

    Have you a link to that legislation that dose'nt require you to have it with you?


  • Registered Users, Registered Users 2 Posts: 5,193 ✭✭✭Cleveland Hot Pocket


    Have you a link to that legislation that dose'nt require you to have it with you?

    from
    http://www.irishstatutebook.ie/1994/en/act/pub/0007/sec0025.html

    Which says this:
    A member of the Garda Síochána may demand, of a person driving in a public place a mechanically propelled vehicle or accompanying pursuant to regulations under this Act the holder of a provisional licence while such holder is driving in a public place a mechanically propelled vehicle, the production to him of a driving licence then having effect and licensing the said person to drive the vehicle, and if the person refuses or fails so to produce the licence there and then, he shall be guilty of an offence.

    And this:
    (b) Where a person of whom the production of a driving licence is demanded under this section refuses or fails to produce the licence there and then, a member of the Garda Síochána may require the person to produce within 10 days after the date of the said requirement the licence in person to a member of the Garda Síochána at a Garda Síochána station to be named by the person at the time of the requirement and, if the person refuses or fails so to produce the licence, he shall be guilty of an offence.


    Looks like there are two offences, one for not producing straight away and then a second for within ten days.
    Didn't know that, learn something new every day :)


  • Registered Users, Registered Users 2 Posts: 11,907 ✭✭✭✭Kristopherus


    Typical Irish law. Left hand does not know what the right hand is doing:rolleyes:.

    Well, at least the OP has a 50/50 chance.


  • Registered Users, Registered Users 2 Posts: 33,709 ✭✭✭✭Cantona's Collars


    If you go to court & provide the relevant documents then the case will most likely be dismissed.
    Happened to a friend of mine who got stopped,wasn't even told to produce anything at the Garda station & then got a summons,he turned up in court with all the paperwork & the case was thrown out.Judge wasn't to happy with the Garda who brought the case.

    I got stopped myself one morning & was asked for my Insurance Cert,told the Garda that it's not something you'd carry in your car & that my disc was proof enough that I was insured,she told me to produce it in the local station within 10 days or I'd be summonsed.The Garda at the desk when I brought it in had a right laugh when I described who stopped me.


  • Closed Accounts Posts: 17,733 ✭✭✭✭corktina


    I got stopped the first day that the "carry license with you" law came in

    In your face Gard, I had it with me.


  • Registered Users, Registered Users 2 Posts: 8,004 ✭✭✭ironclaw


    If your on the old license (Long paper one) you can photocopy it and get a Garda station to stamp it. Then laminate. I have a copy in all the different cars I drive and my main license in the primary car. Any time I've been stopped (Checkpoints etc) in a different car, I produce the photocopy and a secondary ID (Work etc) Never been an issue.

    Don't really understand how anyone could get into a car without their license.


  • Registered Users, Registered Users 2 Posts: 5,193 ✭✭✭Cleveland Hot Pocket


    ironclaw wrote: »
    If your on the old license (Long paper one) you can photocopy it and get a Garda station to stamp it. Then laminate. I have a copy in all the different cars I drive and my main license in the primary car. Any time I've been stopped (Checkpoints etc) in a different car, I produce the photocopy and a secondary ID (Work etc) Never been an issue.

    Don't really understand how anyone could get into a car without their license.

    I have 3 cars, and my license stays in the main one.
    So if I'm out at the weekend in the truck for instance,I wont have my license on me, but can produce in 10 days if needed.
    This of course is before I knew it was an offense not to carry your license at all times.

    Not sure how I'd feel handing a photocopied license to a garda all the same.


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  • Registered Users, Registered Users 2 Posts: 2,375 ✭✭✭Sin City


    Went through washing machine so didn't have it on me when stopped


  • Registered Users, Registered Users 2 Posts: 8,004 ✭✭✭ironclaw


    .

    Not sure how I'd feel handing a photocopied license to a garda all the same.

    Its fairly common place on the continent. I've given a photocopy to Garda Civil in Spain with an Irish stamp on it. Not an issue.

    Granted its a utter pain if your job has you in and out of different cars, vans or trucks that you may or may not own. Suppose we can be thankful for the credit card style now.


  • Registered Users, Registered Users 2 Posts: 81,220 ✭✭✭✭biko


    Sin City wrote: »
    Went through washing machine so didn't have it on me when stopped
    Keep the ball of wet paper with you until you get a new shiny durable plastic card :)


  • Registered Users, Registered Users 2 Posts: 2,375 ✭✭✭Sin City


    biko wrote: »
    Keep the ball of wet paper with you until you get a new shiny durable plastic card :)

    Obviously I have the old one with me from now on. Will get a new on after this is finished. Another concern I have is my picture on license is actually falling out after going through said wash. Will it still be on to present to guard or court?


  • Registered Users, Registered Users 2 Posts: 81,220 ✭✭✭✭biko


    Bring what you have and let them decide whether it qualifies.


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