Disqualified from driving

unam

Hi just wondering if someone can clarify. are you disqualified from driving immediatly on conviction or have you got 14 days grace as you don't have to hand in your licence for 14 days . thanks

Zaph

Moved from Forum Requests

Satanta

Immediately. You have 14 days to surrender the license

risteard7

Satanta wrote: »

Immediately. You have 14 days to surrender the license

No you have 14 days left to drive.

SnakePlissken

risteard7 wrote: »

No you have 14 days left to drive.

That statement makes about as much sense as a nun buying sexy underwear

christy02

Surely ban starts immediately. Can't see why you would have 14 days to continue driving when you are clearly a danger on the roads.

What ya do anyway?

DellyBelly

christy02 wrote: »

Surely ban starts immediately. Can't see why you would have 14 days to continue driving when you are clearly a danger on the roads.

What ya do anyway?

Nosey

cats.life

remember we live in ireland where the law is a bit arse about face. .why didnt the cops just take the licence of op.thats a bit stupid of 14 days grace..drink driving were you op,?:P

Greenmachine

Just give up the driving op, you are clearly a danger on the road if you have been banned.

Jesus.

Was you on the gargle OP?

Bongalongherb

Accusations abound. The OP could have been done for no insurance or numerous other things, don't jump the gun.


S/he could have been stopped at a checkpoint wearing a pom-pon, who knows.

Spike Witwicky

From CitizenInformation.ie

Any disqualification order issued by the courts can be appealed within 14 days from the date of conviction. If the judge orders you to be disqualified from driving and you do not appeal the conviction, you will receive a Notice from the Fines Office of the District Court where you appeared, stating that you must hand in your driving licence immediately.

http://www.citizensinformation.ie/en/travel_and_recreation/motoring_1/driving_offences/driving_offences.html

risteard7

SnakePlissken wrote: »

That statement makes about as much sense as a nun buying sexy underwear

What part do you not understand? Don't be replying to questions when you haven't a clue.

The ban starts in 14 day's from when you leave the courthouse. So therefore you can still drive for them 14 days if you wish.

Is that simple enough for you to understand?

Tail Docker

Spike Witwicky wrote: »

From CitizenInformation.ie

Any disqualification order issued by the courts can be appealed within 14 days from the date of conviction. If the judge orders you to be disqualified from driving and you do not appeal the conviction, you will receive a Notice from the Fines Office of the District Court where you appeared, stating that you must hand in your driving licence immediately.

http://www.citizensinformation.ie/en/travel_and_recreation/motoring_1/driving_offences/driving_offences.html

So, if you appeal, you can continue driving untill the appeal is heard??

Spike Witwicky

Thats what Citizensinfo seems to say but i'd be clarifying with a solicitor imo

gctest50

I would hope this bit is effective immediately :

Special Disqualification: Unlike the first two types of disqualification orders (which require someone to have been convicted of an offence before they can be imposed), special disqualification orders do not require someone to be convicted in order to impose the disqualification. If the Gardaí or the National Driver Licence Service (NDLS) have reasonable grounds for believing that a licence holder is either:

- unfit to drive by reason of a physical disease or

- unfit to drive because of a physical or mental disability or

- incompetent to drive any vehicle or any class of vehicle

they can apply to the District Court for a special disqualification order.

Not sure if this is the part , 2013

http://www.irishstatutebook.ie/2013/en/si/0006.html

“Where consequential or ancillary disqualification order is made


45. (1) This Regulation applies where a consequential or an ancillary disqualification order is made under the Act.


(2) Subject to paragraph (3) and paragraph (4) in the case of an ancillary order, the driving licence (if any) of the disqualified person shall, within 6 to 10 days of the coming into operation of the order, be delivered by the disqualified person to the licensing authority who shall endorse details of the disqualification on the entry of the person concerned.


(3) Where, by virtue of section 30(3)(d) of the Act, the operation of a consequential or ancillary disqualification order has been postponed to a day more than 5 days after the day on which the order would have come into operation if there had been no such postponement, the driving licence (if any) of the disqualified person, shall within 6 to 10 days of the coming into operation of the order, be delivered by the disqualified person to the licensing authority who shall endorse details of the disqualification on the entry of the person concerned.


(4) Where an ancillary disqualification order is made by an appellate court in respect of a conviction in relation to which an ancillary disqualification order was not made by the court from which the appeal is taken, the driving licence (if any) of the disqualified person shall—


(a) where the operation of the order is not postponed under section 30(3)(d) of the Act for a period of more than 5 days, be delivered by the disqualified person to the licensing authority who shall endorse details of the disqualification on the entry of the person concerned, or


(b) where the operation of the order has been postponed under section 30(3)(d) of the Act for a period of more than 5 days, be delivered by the disqualified person to the licensing authority who shall endorse details of the disqualification on the entry of the person concerned within 5 days of the coming into operation of the order.

colm_mcm

lads, this isn't a witch hunt, if you can't be of help to the OP then don't post

risteard7

colm_mcm wrote: »

lads, this isn't a witch hunt, if you can't be of help to the OP then don't post

You can drive for 14 days, 100% correct. After 14 days your ban will come into effect and you will be required to hand in your license to the courthouse. It has nothing to do with appealing or not.

The 14 day's is kind of seen as a favour from the courts to get your house in order such as organising a lift to work etc. You can ask the judge to postpone your ban for six months if you plead that you really need your car for work. It happens all the time up and down the country.

veetwin

christy02 wrote: »

Surely ban starts immediately. Can't see why you would have 14 days to continue driving when you are clearly a danger on the roads.

What ya do anyway?

High horses abound as usual in the Motors forum. No the ban does not start immediately (a) to allow for an appeal and (b) it gives the convicted person a chance to get their affairs in order or perhaps even get their car home from the courthouse.

And how does getting a ban equate with being "clearly a danger on the roads"?
How about the guy driving a company van which his employer has neglected renew the insurance and assures the employee the disc is in the post? Gets stopped and subsequently banned...Is he "clearly a danger"?

Satanta

risteard7 wrote: »

No you have 14 days left to drive.

Actually, after checking with my brother I think you are right. His conviction date was 17 Nov, and could apply for his licence back in early Dec 2 years later. Therefore the ban only really started 14 days after conviction. Weird! Afaik you can also ask for special disponsesion to have the ban delayed for a period so that you can get your sh1t in order. But that has to be agreed in court with the judge.

unkel

veetwin wrote: »

High horses abound as usual in the Motors forum. No the ban does not start immediately (a) to allow for an appeal and (b) it gives the convicted person a chance to get their affairs in order or perhaps even get their car home from the courthouse.

You're well informed. Thanks for sharing

Out of curiosity, were you ever banned yourself?

christy02

veetwin wrote: »

High horses abound as usual in the Motors forum. No the ban does not start immediately (a) to allow for an appeal and (b) it gives the convicted person a chance to get their affairs in order or perhaps even get their car home from the courthouse.

And how does getting a ban equate with being "clearly a danger on the roads"?
How about the guy driving a company van which his employer has neglected renew the insurance and assures the employee the disc is in the post? Gets stopped and subsequently banned...Is he "clearly a danger"?

Hold the horses there lol. I don't care if it is driving with no insurance or drink driving Even if it was not "their fault"

I don't want to be hit by an uninsured driver or a drunk driver. Likewise if someone has got more than 12 points to get banned then also they are a danger on the road.

I am not on my high horse, but lets face it, a ban is for a reason. Letting someone drive for a couple of weeks (or months) after to sort stuff out makes no sense.

homingbird

What if you went up north & applied for a new licence do driving test again would you get it just wanted to know as they make usa Citizens do the test again to get a licence here.

colm_mcm

homingbird wrote: »

What if you went up north & applied for a new licence do driving test again would you get it just wanted to know as they make usa Citizens do the test again to get a licence here.

http://www.justanswer.com/ireland-law/43kcz-when-banned-drink-driving-ireland-does-law.html

the culture of deference

welcome to ireland


if you fail the driving test sure you can drive home and continue driving,

if you get banned from driving in court, sure you can drive home and continue driving (14 days to appeal)

what is the point of a road safety authority when this is allowed

Chimaera

@OP: I'm assuming you had a solicitor in court to represent you (I know I'd want one if it was a serious enough situation that a ban was a possible outcome). Surely (s)he would be the person best placed to advise you in this situation rather than running the gauntlet of opinion and speculation that abounds on threads such as this.

debabyjesus

Op if your ban is two years or longer consider not cancelling your insurance straight away if you've built up a decent no claims bonus, the bonus expires after two years so you'll lose it.

Keep the policy until it expires and then don't renew it. That should give you time on the other side to take out a new policy with your no claims still active.

Im not sure if the system has changed recently with the new license authority but the motor tax office holds the license and can advise you exactly when you can apply for it back. This may have changed though.

If you got over two years ban you could go back to court after half the ban was served to plead for it back. This is why you sometimes hear solicitors ask for a ban of two years and a day and not two years. Again this may have changed in very recent times.

Satanta

debabyjesus wrote: »

Op if your ban is two years or longer consider not cancelling your insurance straight away if you've built up a decent no claims bonus, the bonus expires after two years so you'll lose it.

Keep the policy until it expires and then don't renew it. That should give you time on the other side to take out a new policy with your no claims still active.

Worst advice ever! My bro took this approach. Not only did he find it hard getting insured after a ban, but he was refused completely by some for non disclosure.

Inform your insurance immediately

veetwin

unkel wrote: »

You're well informed. Thanks for sharing

Out of curiosity, were you ever banned yourself?

Sorry for the delay but I was abroad:cool:

No never banned. I got a parking ticket once but that's the extent of my motoring misdemeanours;)

veetwin

christy02 wrote: »

I am not on my high horse, but lets face it, a ban is for a reason. Letting someone drive for a couple of weeks (or months) after to sort stuff out makes no sense.

In most cases 6 to 12 months will have elapsed between the offence and the court hearing during which time the alleged offender can drive. 14 days more for the offender to get his affairs in order is hardly a big deal in the grand scheme of things

christy02

veetwin wrote: »

In most cases 6 to 12 months will have elapsed between the offence and the court hearing during which time the alleged offender can drive. 14 days more for the offender to get his affairs in order is hardly a big deal in the grand scheme of things

Excuse the ignorance but are you saying that if someone gets caught drink driving today, they can drive freely for 12 months until case gets to court?
Probably continuing to drink drive during this time and be a danger to us all.

corktina

Yep, they are innocent until proven guilty. It's the fourteen days after they are proved guilty that is wrong

djimi

Im fairly sure that if the Gardai feel that someone poses an ongoing threat they can have their licenses suspended with immediate effect.

That said, if someone is prepared to drive drunk repeatedly then Im not sure what effect it will have if you take away their little piece of plastic. Someone who clearly doesnt care much for the law is most likely going to drive whether they are banned or not; revoking their license wont do much really.

oldyouth

It is the court that decides your innocence or guilt, not the Gardai thank God.

As for 12 months to get it resolved, well that is a different argument