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Impounded car- no tax or insurance, Court in 2 months

  • 12-08-2014 6:04pm
    #1
    Registered Users, Registered Users 2 Posts: 6


    have a court case because my car was impounded from me. I didn't have a tax or insurance on my car but I was only driving around my house when Garda officers stopped me. I didn't use the car outside the apartment complex. I only had a learner driving licence but I had a person with full license next to me. I didn't pick up the car, because it was too expensive. I will just finish my full license now, but I have to go to court and I would like to know if they can take my license or what could the charge possible be for no tax and insurance? Any fees for not getting the car back? I'm on job seeker allowance btw. :/


Comments

  • Registered Users, Registered Users 2 Posts: 25,622 ✭✭✭✭coylemj


    If the car is long enough in the pound they will sell it or crush it. When was it seized from you and how much would it have been worth at the time?

    For no insurance, expect a large fine and a bundle of points on your licence. You will also be obliged to declare this conviction when seeking a quote for motor insurance and it will lead to a severe loading on top of the fact that you are a young driver.

    What do you mean by this ....

    I will just finish my full license now


  • Closed Accounts Posts: 8,101 ✭✭✭Rightwing


    How can they take a car off you if it wasn't on a public road?


  • Registered Users, Registered Users 2 Posts: 6 RealDoll


    Hi thank you for your reply. I meant that I will do the driving test soon and have a full driving licence. By the time of the court I will have my full licence. The car was seized months ago and it was an old car I bought for 800 euro, so I didn't go through all the trouble to pay back the tax and insurance for the last 10 months. I just had the car parked in front of my house and I used it only to drive a few rounds in my apartment complex in winter so the car won't die. That's where the Gardai stopped me and seized the car. Guess I got myself into a lot of trouble :(


  • Registered Users, Registered Users 2 Posts: 6 RealDoll


    Rightwing wrote: »
    How can they take a car off you if it wasn't on a public road?

    I called the sergeant and he said it is a public road :/


  • Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    Rightwing wrote: »
    How can they take a car off you if it wasn't on a public road?

    If the public have access its a public road, many apartment complex are public roads.


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  • Registered Users, Registered Users 2 Posts: 5,063 ✭✭✭Greenmachine


    You don't have your full license until you get it. I believe it is 5 points for driving without insurance but I am open to correction on this.


  • Registered Users, Registered Users 2 Posts: 1,072 ✭✭✭keithsfleet


    I'm open to correction here but no more than 2 years ago I'm fairly certain driving without insurance qualifies for a driving ban.
    Unless I'm wrong or laws have changed...


  • Registered Users, Registered Users 2 Posts: 6 RealDoll


    You don't have your full license until you get it. I believe it is 5 points for driving without insurance but I am open to correction on this.

    Yes, I just searched it and it is 5 points. :( But anyways, as I said I only have learning licence and I am planning to finish the full licence in the next month or two, before I have the court.


  • Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    RealDoll wrote: »
    Hi thank you for your reply. I meant that I will do the driving test soon and have a full driving licence. By the time of the court I will have my full licence. The car was seized months ago and it was an old car I bought for 800 euro, so I didn't go through all the trouble to pay back the tax and insurance for the last 10 months. I just had the car parked in front of my house and I used it only to drive a few rounds in my apartment complex in winter so the car won't die. That's where the Gardai stopped me and seized the car. Guess I got myself into a lot of trouble :(

    Not being funny, but I don't believe you were only driving round your house and the apartment complex. You HAD to have been driving on the roads. How else were you going to practice if you expect to get your licence so soon? THAT'S why the Gards took your car.

    I also found the bolded part interesting. You're still liable for the tax, even though the car was in impound AFAIK. Why didn't you go through the trouble to pay it?

    If you want to drive, then you need to realise you have to tax AND insure the car before you're legal to drive it. That's the law.


  • Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    RealDoll wrote: »
    Yes, I just searched it and it is 5 points. :( But anyways, as I said I only have learning licence and I am planning to finish the full licence in the next month or two, before I have the court.

    In court its a 2 year man minimum for first offence 4 years for second, but if the court is satisfied there is a special can either impose a disqualification less than one year or decide not to impose a ban.

    http://www.irishstatutebook.ie/2010/en/act/pub/0025/sec0065.html#sec65

    No insurance is section 56 of the Original Act, don't be surprised it the DJ imposes a ban.


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  • Registered Users, Registered Users 2 Posts: 1,324 ✭✭✭happywithlife


    You were driving without ins - you could have hit someone in the car park or whatever 'road' you were on so expect a fine and points for this alone. I thought there was a daily fee when cars are impounded so this would be more than the car is worth at this stage I'd imagine. Although I could easily be completely wrong in that as I've no experience but I think that's the way it works.
    You don't have a full licence and till you do don't make assumptions - what if you fail the test? By the way any points applied will be on the new points system so it's extra for learner/novice drivers so either way you'd get more points anyway.
    It's probably not the good news you were hoping to hear


  • Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    Not being funny, but I don't believe you were only driving round your house and the apartment complex. You HAD to have been driving on the roads. How else were you going to practice if you expect to get your licence so soon? THAT'S why the Gards took your car.

    I also found the bolded part interesting. You're still liable for the tax, even though the car was in impound AFAIK. Why didn't you go through the trouble to pay it?

    If you want to drive, then you need to realise you have to tax AND insure the car before you're legal to drive it. That's the law.

    "
    “‘public place’ means—

    (a) any public road, and

    (b) any street, road or other place to which the public have access with vehicles whether as of right or by permission and whether subject to or free of charge;”;"


  • Registered Users, Registered Users 2 Posts: 28,705 ✭✭✭✭TitianGerm


    A friend of mine was caught for driving with no insurance, no tax and on a provisional licence.
    The judge gave him a 3 year driving ban with the last two years suspended and a fine. I can't remember the exact amount but I think it was €1500 or €2000.


  • Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    "
    “‘public place’ means—

    (a) any public road, and

    (b) any street, road or other place to which the public have access with vehicles whether as of right or by permission and whether subject to or free of charge;”;"

    I understand that. But I still don't believe the OP was just driving round the estate. How would they gain enough road experience to expect to pass their test so soon?


  • Registered Users, Registered Users 2 Posts: 6 RealDoll


    I have actually done the 12 hours with driving instructor :) And you don't have to believe, I didn't think it's a public road and Gardai would stop me there. But never went outside the apartment complex, because of course I knew there was a chance I would be stopped. Anyways, thank you for the comments I understand what I did and take responsibility, I just wanted to know what the consequences will be in this case.


  • Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    It's done now. No good crying over spilt milk! :)

    Try not to worry about it too much, and just deal with the case as it comes and hope the judge isn't too harsh...

    Fella I went to college with was done for no insurance. He had a licence though. He got a 2 year ban and E1500 fine.


  • Registered Users, Registered Users 2 Posts: 16,931 ✭✭✭✭Francie Barrett


    Find it a bit hard to believe you got stopped in an apartment complex...


  • Registered Users, Registered Users 2 Posts: 6 RealDoll


    Find it a bit hard to believe you got stopped in an apartment complex...
    I did. My car was a BMW and I had a blue light in the front grills, that's why I was stopped in the first place. Because I was not supposed to have a blue light.


  • Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    Find it a bit hard to believe you got stopped in an apartment complex...

    Why, its a public place what would happen if a crash the OP was an uninsured driver


  • Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    RealDoll wrote: »
    I did. My car was a BMW and I had a blue light in the front grills, that's why I was stopped in the first place. Because I was not supposed to have a blue light.

    Blue light as in like a Garda light.


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  • Banned (with Prison Access) Posts: 7,771 ✭✭✭michael999999


    RealDoll wrote: »
    I did. My car was a BMW and I had a blue light in the front grills, that's why I was stopped in the first place. Because I was not supposed to have a blue light.

    Ya. You really want to be drawing attention to yourself when your driving with no license/tax or insurance! Lol


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