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Is the 10 days a garda gives you to produce insurance/licence open to discretion?

  • 08-06-2014 11:20pm
    #1
    BishopBrennen
    Registered Users, Registered Users 2 Posts: 56 ✭✭


    Basically what Im asking is, if a garda asks a person to produce their driving documents at a local garda station they usually say within 10 days of being stopped, but can they only give you 10 days, or can they pick any amount of days they wish, could they say to you to produce it with the next month if they wished? Or is the 10 days we usually hear of actually a set fixed time limit they have to stick to?

    For example, say your licence is in the post and they stop you and give you 10days to produce, but you say to them, im expecting to have it in the post within the next 3 weeks. Could the garda then use his discretion and say to you, ok well produce it within the next 3 weeks then so.

    Perhaps someone in this legal section might know? Thanks, just something I often wondered.


Comments

  • #2
    Ken.
    Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    The last time I was waiting on a licence the tax office gave me a slip with a number on it. Said if stopped by the cops show them the slip and the garda would be able to check the system to see your telling the truth. So if I got stopped and had to produce I'm sure the cops would accept that slip within 10 days. I've always heard 10 days since I was young and never any greater or less time frame. Always 10 days to produce.


  • #3
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • #4
    Little CuChulainn
    Closed Accounts Posts: 7,624 ✭✭✭Little CuChulainn


    Legally they can only make a demand to produce within ten days. It's what's in the legislation. If they were to demand you produce it in 12 days it may not be a valid demand. It's at their discretion whether to prosecute on day 11 though.


  • #5
    Santa Cruz
    Banned (with Prison Access) Posts: 3,126 ✭✭✭Santa Cruz


    It is a legal requirement that the documents be produced within the ten days. Most Gardai will be a bit flexible but if you do go over I would advise letting the Garda know the reason for the delay. I would say though that if there are no other offences and you have produced late the Garda will unlikely prosecute for non production in the ten day period only. If there are other offences which you must answer he will probably prosecute as it increases his work return of summonses with little effort


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