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Lying to Garda

  • 11-10-2014 12:52am
    #1
    Registered Users, Registered Users 2 Posts: 141 ✭✭sean0


    Hey just wondering if it's an offence to lie to a Garda?

    I was driving home from work and I was pulled over for speeding. Garda asked if I have a full licence and I said yes when in fact I'm on a provisional. I have to produce my licence within 10 days, when they see its a provisional will it be a big deal if they find out Iied?

    I was driving by myself and had no learner plates up either


«1

Comments

  • Registered Users, Registered Users 2 Posts: 318 ✭✭zzfh


    your gonna get done for what you would of had if you said provisional in the 1st place eg no L plates,speeding



    also 8-10 days in the cell is mandatory for lying to garda


  • Registered Users, Registered Users 2 Posts: 141 ✭✭sean0


    zzfh wrote: »
    your gonna get done for what you would of had if you said provisional in the 1st place eg no L plates,speeding



    also 8-10 days in the cell is mandatory for lying to garda


    8-10 days for lying!!?! That must be over something serious not something small like what type of licence I have


  • Closed Accounts Posts: 3,601 ✭✭✭cerastes


    sean0 wrote: »
    Hey just wondering if it's an offence to lie to a Garda?

    I was driving home from work and I was pulled over for speeding. Garda asked if I have a full licence and I said yes when in fact I'm on a provisional. I have to produce my licence within 10 days, when they see its a provisional will it be a big deal if they find out Iied?

    I was driving by myself and had no learner plates up either

    Well if you have a provisional you're in even worse shyeet, it must surely be out of date, they only issue learner permits.
    Anyway, beyond that technicality,
    You were caught red handed, at what point did you think lying would help your situation? may as well have owned up then and there and just admitted the truth or some form of truth, it'll only come out later anyway. In fact if you presented the truth (about the learner permit) and some plausible lie, like you were late and had to take the car alone or better still no one was available to go with you and you needed to go to work, even though not legal, you might have been let away with it at the time and warned not to do it again, maybe.

    You were outside the law and you should have made yourself less visible by not doing something stupid, most of all like speeding.

    Just present your licence and see what comes of it, if questioned say you crapped yourself when you were pulled over and panicked when questioned, sounds more plausable and honest than saying you thought some further mistake was made (ie they or you misheard or misspoke).
    Then take what they dole out as lying to cover a lie will only make your problems worse.


  • Closed Accounts Posts: 1,363 ✭✭✭JohnDaniels


    More than likely you'll get away with it. Generally it will be a different Guard in the station who you produce the licence to. I know someone it happened to recently. Although not asked directly by the Guard if they had a full licence, was asked to produce it within 10 days after saying the didn't have one on them as they were driving on a provisional alone. Went to the station, produced it without any questions. So unless you get unlucky with a very conscientious Guard double checking things, I'd say you'll just end up with the points and fine.


  • Registered Users, Registered Users 2 Posts: 141 ✭✭sean0


    Thanks all for the replies, plan is to say I just got nervous if they ask. I'll post what the outcome is tomorrow as it might help people who are in the same boat in the future!


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  • Closed Accounts Posts: 3,601 ✭✭✭cerastes


    More than likely you'll get away with it. Generally it will be a different Guard in the station who you produce the licence to. I know someone it happened to recently. Although not asked directly by the Guard if they had a full licence, was asked to produce it within 10 days after saying the didn't have one on them as they were driving on a provisional alone. Went to the station, produced it without any questions. So unless you get unlucky with a very conscientious Guard double checking things, I'd say you'll just end up with the points and fine.

    How many points can a learner permit holder have before being put off the road? whats the points for this? unaccompanied and no L plates?

    As above, say as little as possible OP, present your licence and see what comes of it, I wouldnt recommend lying further.


  • Closed Accounts Posts: 1,363 ✭✭✭JohnDaniels


    cerastes wrote: »
    How many points can a learner permit holder have before being put off the road? whats the points for this? unaccompanied and no L plates?

    It is 12. Same as a normal licence. As I said above he will more than likely only get done for speeding if he goes in and produces the licence which is 3 points.

    If he was to get done for the lot then he'd be in serious trouble. Lying to a Guard, no L-plates, driving along. Still I think it's a very small chance of that happening OP.


  • Closed Accounts Posts: 1,363 ✭✭✭JohnDaniels


    Just to say those rules have changed for anyone on a first learner permit since 1st of August this year.
    In addition from 1 August 2014 a driver taking out a first learner permit is while he or she drives under any learner permit and subsequently during the first two years while he or she is driving under a full driving licence (a novice driver) is subject to disqualification for six months on reaching 7 or more penalty points rather than at 12 points for all other drivers.


  • Closed Accounts Posts: 3,601 ✭✭✭cerastes


    Just to say those rules have changed for anyone on a first learner permit since 1st of August this year.

    I was aware it had changed, but thought the limit for N drivers was half the max points allowed, so its 7 then. I didnt think it only changed for N drivers but guessed it would be the same or slightly less for a provisional licenced driver.


  • Registered Users, Registered Users 2 Posts: 102 ✭✭Duberlin Chick


    More than likely you'll get away with it. Generally it will be a different Guard in the station who you produce the licence to. I know someone it happened to recently. Although not asked directly by the Guard if they had a full licence, was asked to produce it within 10 days after saying the didn't have one on them as they were driving on a provisional alone. Went to the station, produced it without any questions. So unless you get unlucky with a very conscientious Guard double checking things, I'd say you'll just end up with the points and fine.


    It doesn't matter what guard you produce it to. They just record the details. The original guard will check the details of stuff produced.


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  • Closed Accounts Posts: 1,363 ✭✭✭JohnDaniels


    It doesn't matter what guard you produce it to. They just record the details. The original guard will check the details of stuff produced.

    The original Garda won't check it, it is done automatically these days through the Pulse system. He puts a request in that a license must be shown against said offence committed eg speeding and it is handled by administrators after that.

    As I said some Guards do tend to follow up this themselves by double checking but you'd need to get incredibly unlucky.


  • Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    Occasionally a thread comes along that illustrates with perfect clarity why legal advice can't be given in this forum.

    OP I'd suggest speaking to a solicitor if one will give you advice for a small fee. Otherwise pop along to your local FLAC with some haste and get proper advice. In the interim I wouldn't lose too much sleep over it, you'll need all that energy for walking.


  • Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    More than likely you'll get away with it.

    Mod:

    It doesn't matter how likely you think it is.

    Unless you can back up what you say with law or facts, you are giving legal advice, which is against the forum charter.

    Please read the charter and be more careful in future.


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


    The original Garda won't check it, it is done automatically these days through the Pulse system. He puts a request in that a license must be shown against said offence committed eg speeding and it is handled by administrators after that.

    As I said some Guards do tend to follow up this themselves by double checking but you'd need to get incredibly unlucky.

    It's only checked automatically if the Garda issues a fixed charge penalty in the days before it is produced. Otherwise it's up to the Garda to do so. The OP is basically relying on the Garda not noticing the full licence box isn't ticked.


  • Closed Accounts Posts: 3,601 ✭✭✭cerastes


    Bepolite wrote: »
    Occasionally a thread comes along that illustrates with perfect clarity why legal advice can't be given in this forum.

    OP I'd suggest speaking to a solicitor if one will give you advice for a small fee. Otherwise pop along to your local FLAC with some haste and get proper advice. In the interim I wouldn't lose too much sleep over it, you'll need all that energy for walking.

    TBH is that advice really any use?
    What good is a solicitor going to do? the OP was caught, they are required to have their licence on them, which they have been now asked to produce,
    highlighting anything by getting a solicitor will only draw further attention to the OP, I hope FLAC have better things to be doing then going following this up and that they tell the OP this isnt what they do, and I hope it isn't what they do.


  • Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    cerastes wrote: »
    TBH is that advice really any use?
    What good is a solicitor going to do? the OP was caught, they are required to have their licence on them, which they have been now asked to produce,
    highlighting anything by getting a solicitor will only draw further attention to the OP, I hope FLAC have better things to be doing then going following this up and that they tell the OP this isnt what they do, and I hope it isn't what they do.

    It's consulting a legal professional in relation to legal advice. The OP is potentially facing points and a fine and a potential court appearance. The OP should go and pay for his own solicitor but given he can't afford to sit the test I assumed this was a no-go.

    Next time I have a bone sticking out of my arm who do you suggest I go an speak to? Should I just make a quick post on facebook and assume it'll go away on it's own?


  • Closed Accounts Posts: 3,601 ✭✭✭cerastes


    Bepolite wrote: »
    It's consulting a legal professional in relation to legal advice. The OP is potentially facing points and a fine and a potential court appearance. The OP should go and pay for his own solicitor but given he can't afford to sit the test I assumed this was a no-go.

    Next time I have a bone sticking out of my arm who do you suggest I go an speak to? Should I just make a quick post on facebook and assume it'll go away on it's own?

    No need to take offence
    By all means maybe he should approach a legal advisor, I hope if he goes to FLAC they have better things to do than follow this up, I also hope such a list of faults committed by the OP aren't something that can just be skirted around by anyone and imagined there would not be an option to bypass it by engaging the legal profession, it seems like these things are fixed penalty and he'd only need the legal profession if he was going to dispute it? which will only cost him money and draw attention to his errors? but by all means if the OP wishes they can get legal advice.
    Do you or does anyone think this will be any benefit? he has to show the licence anyway.


  • Registered Users, Registered Users 2 Posts: 1,162 ✭✭✭Wyldwood


    While this is not answering the op's question, I really think the gardaí should have some way of cross checking information given at checkpoints with the documents produced. Unaccompanied learner drivers caught speeding and then lying deserve repercussions. Apart from the risk to other road users (including pedestrians) how many young drivers are killed on our roads every year?

    So OP own up to your lies and take your punishment on the chin.


  • Registered Users, Registered Users 2 Posts: 15,127 ✭✭✭✭kerry4sam


    sean0 wrote: »
    Hey just wondering if it's an offence to lie to a Garda?

    I was driving home from work and I was pulled over for speeding. Garda asked if I have a full licence and I said yes when in fact I'm on a provisional. I have to produce my licence within 10 days, when they see its a provisional will it be a big deal if they find out Iied?

    I was driving by myself and had no learner plates up either

    You don't! You just don't do that! It's the typical fight or flight situation here, and you chose the unfortunate latter.
    Maybe you'll now know better & learn some valuable lesson should you find yourself in similar situation again.
    sean0 wrote: »
    Thanks all for the replies, plan is to say I just got nervous if they ask. I'll post what the outcome is tomorrow as it might help people who are in the same boat in the future!

    I'd like to know how this goes for you.
    kerry4sam


  • Registered Users, Registered Users 2 Posts: 22,409 ✭✭✭✭endacl


    kerry4sam wrote: »
    It's the typical fight or flight situation here, and you chose the unfortunate latter.
    He should have fought the guard?!?

    :pac:


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  • Closed Accounts Posts: 1,363 ✭✭✭JohnDaniels


    endacl wrote: »
    He should have fought the guard?!?

    :pac:



  • Closed Accounts Posts: 3,601 ✭✭✭cerastes


    Wyldwood wrote: »
    While this is not answering the op's question, I really think the gardaí should have some way of cross checking information given at checkpoints with the documents produced. Unaccompanied learner drivers caught speeding and then lying deserve repercussions. Apart from the risk to other road users (including pedestrians) how many young drivers are killed on our roads every year?

    So OP own up to your lies and take your punishment on the chin.

    Ive been told they take photographs at situations like this in New Zealand to confirm the person that presents an ID/Licence is the person stopped, presumably in the event a person turns up with a licence, in the hope the law person is not the same that stopped them, seems to make sense.

    Im aware of where twins misused their identical looks to try get away with saying they both had a licence, pretty sure they only had one between them.


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


    Why haven't you applied to take your test?? Clearly, you feel confident enough to drive, and equally confident lying to the Gards when asked about your licence...


  • Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    cerastes wrote: »
    No need to take offence
    By all means maybe he should approach a legal advisor, I hope if he goes to FLAC they have better things to do than follow this up,

    It very much depends on the FLAC clinic. The one I assist with deals with these all the time as we're a college one, given it's a no licence issue it's not a massive leap of faith to assume the OP may have access to a college FLAC.
    cerastes wrote: »
    I also hope such a list of faults committed by the OP aren't something that can just be skirted around by anyone and imagined there would not be an option to bypass it by engaging the legal profession, it seems like these things are fixed penalty and he'd only need the legal profession if he was going to dispute it?

    A solicitor (especially one familar with the area) is going to be able to advise the OP on the best way to approach this. He's also lied to the guards which also needs to be covered off.
    cerastes wrote: »
    which will only cost him money and draw attention to his errors? but by all means if the OP wishes they can get legal advice.
    Do you or does anyone think this will be any benefit? he has to show the licence anyway.

    See above - things are very rarely as simple as they appear.


  • Closed Accounts Posts: 3,601 ✭✭✭cerastes


    Bepolite wrote: »
    It very much depends on the FLAC clinic. The one I assist with deals with these all the time as we're a college one, given it's a no licence issue it's not a massive leap of faith to assume the OP may have access to a college FLAC.

    A solicitor (especially one familar with the area) is going to be able to advise the OP on the best way to approach this. He's also lied to the guards which also needs to be covered off.

    See above - things are very rarely as simple as they appear.

    By paragraph
    At no point did the OP mention college in his opening post?
    I think it is a massive leap to think this is the case, because it hasnt been mentioned, neither is it an issue, neither do I think FLAC should be engaged in helping people get off the hook.

    He needs to be covered? how can he be? he has already lied, he needs to present a licence which he doesnt have, how can he be advised to undo this?

    Rarely as simple as they seem? it seems pretty simple, clear and straightforward to me.
    OP drives car, without licence, unaccompanied, no L plates and to top it was nabbed because of speeding and lied to boot. If he'd? had 2 of the 3 and wasnt speeding and didnt lie, he might have been off the hook on the spot, but has done everything wrong, cant see how its any clearer.
    Not having a go at OP or you, they have been quite clear as to what they have done and not done, cant see how a legal advisor can say anything more?
    How can a person explain their way out of all of the above?
    Seems pretty simple to me? I dont want to see them have the book thrown at them (I dont know them or their circumstances) but speeding is dangerous and could affect some innocent person/s.
    Otherwise whats the point of having laws and rules that govern this? if people can weasel out of it?

    If it was me, other than not letting it go that far, Id have not lied, owned up and made an appeal to their own judgement, given he was speeding, that might not have gone down well, without the speeding, may have gotten off, now???
    If it was me, Id be presenting my licence quietly and see what comes of it, highlighting it will only make it worse, but maybe a legal advisor can get the OP off, so maybe it is worth them seeing what they have to say, personally ID be dissapointed if this could be reversed, otherwise whats the point of the few and far between Gardai checking and pulling people for these things, it undermines the already weak system in place.


  • Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    cerastes wrote: »
    By paragraph
    At no point did the OP mention college in his opening post?
    I think it is a massive leap to think this is the case, because it hasnt been mentioned, neither is it an issue, neither do I think FLAC should be engaged in helping people get off the hook.

    He needs to be covered? how can he be? he has already lied, he needs to present a licence which he doesnt have, how can he be advised to undo this?

    Rarely as simple as they seem? it seems pretty simple, clear and straightforward to me.
    OP drives car, without licence, unaccompanied, no L plates and to top it was nabbed because of speeding and lied to boot. If he'd? had 2 of the 3 and wasnt speeding and didnt lie, he might have been off the hook on the spot, but has done everything wrong, cant see how its any clearer.
    Not having a go at OP or you, they have been quite clear as to what they have done and not done, cant see how a legal advisor can say anything more?
    How can a person explain their way out of all of the above?
    Seems pretty simple to me? I dont want to see them have the book thrown at them (I dont know them or their circumstances) but speeding is dangerous and could affect some innocent person/s.
    Otherwise whats the point of having laws and rules that govern this? if people can weasel out of it?

    If it was me, other than not letting it go that far, Id have not lied, owned up and made an appeal to their own judgement, given he was speeding, that might not have gone down well, without the speeding, may have gotten off, now???
    If it was me, Id be presenting my licence quietly and see what comes of it, highlighting it will only make it worse, but maybe a legal advisor can get the OP off, so maybe it is worth them seeing what they have to say, personally ID be dissapointed if this could be reversed, otherwise whats the point of the few and far between Gardai checking and pulling people for these things, it undermines the already weak system in place.


    You've completely missed the point and frankly don;t know what you're talking about, hence my original post in this thread. You're trying to impose what you think is right on the OP with no experiance or training or qualification to do so.

    Seeing a solicitor does not mean the OP will highlight or dispute anything. A local solicitor may simply know the guard to go in an speak to who is likely to give the guy a break. A solicitor may also be aware of issues that present themselves that we're not aware of not being qualified to offer legal advice which you seem hell bent on doing.

    You're also reading what you want to read - covered off does not mean the same as covered.

    OP speak to a solicitor or FLAC. If the loacal FLAC clinic thinks you're taking the piss they will say so.


  • Closed Accounts Posts: 3,601 ✭✭✭cerastes


    Bepolite wrote: »
    You've completely missed the point and frankly don;t know what you're talking about, hence my original post in this thread. You're trying to impose what you think is right on the OP with no experiance or training or qualification to do so.

    Seeing a solicitor does not mean the OP will highlight or dispute anything. A local solicitor may simply know the guard to go in an speak to who is likely to give the guy a break. A solicitor may also be aware of issues that present themselves that we're not aware of not being qualified to offer legal advice which you seem hell bent on doing.

    You're also reading what you want to read - covered off does not mean the same as covered.

    OP speak to a solicitor or FLAC. If the loacal FLAC clinic thinks you're taking the piss they will say so.

    I may not be qualified but I see you have resorted to that to shut me down for questioning your questionable arguments, which have failed on the basis you suggest the way out is the solicitor may know the Garda and give the guy a break. He was caught speeding how he described.
    The OP openly admitted this, without a licence and compounded these errors by lying to a Garda about it, not having the L plates seems the least of their concerns.

    What issues could the solicitor know of other than providing some knowledge of a loophole that enables the OP to get off facing the music? for an admitted number of faults.
    No doubt its possible a solicitor might have more weight, but how is that right or just when others on the road are expected to comply with the legal requirements when someone else can came along, and do something illegal?

    I suggest that the accurate implementation of the law is imposed.
    Not to penalise the OP, but if the law is not applied impartially then what is just about that when another has it imposed on them not unequally but accurately.

    Isnt it a legal requirement to have your licence on you? not speed and not drive unaccompanied, pretty sure intentionally not disclosing the truth to a Garda (lying) must be covered under some law.


  • Closed Accounts Posts: 1,959 ✭✭✭gugleguy


    Why haven't you applied to take your test?? Clearly, you feel confident enough to drive, and equally confident lying to the Gards when asked about your licence...
    times running out. You have a 2 year timescale now from when you’ve passed your driving theory test. Unless you are very well off and have no problem with repeating this again and re starting the clock.


  • Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    cerastes wrote: »
    I may not be qualified but I see you have resorted to that to shut me down for questioning your questionable arguments, which have failed on the basis you suggest the way out is the solicitor may know the Garda and give the guy a break. He was caught speeding how he described. The OP openly admitted this, without a licence and compounded these errors by lying to a Garda about it, not having the L plates seems the least of their concerns.

    You're still trying to impose your moral assessment on the OP by questioning the use of proper legal advice. If the OP wants to follw that more power to them. It annoys me that you're exploiting someone in a vunerable position to try and get them the maximum possible penalty.
    cerastes wrote: »
    What issues could the solicitor know of other than providing some knowledge of a loophole that enables the OP to get off facing the music? for an admitted number of faults.

    You have all the answers you tell me. I don't have all the answers I'm suggesting the OP speak to someone who does.
    cerastes wrote: »
    No doubt its possible a solicitor might have more weight, but how is that right or just when others on the road are expected to comply with the legal requirements when someone else can came along, and do something illegal?

    A solicitor is there to provide the best possible outcome, the guards are there to procure a conviction (directly or indirectly). Our system is adversarial - this is, again, you attempting to impose your own morality on the the situation.
    cerastes wrote: »
    I suggest that the accurate implementation of the law is imposed.
    Not to penalise the OP, but if the law is not applied impartially then what is just about that when another has it imposed on them not unequally but accurately.

    It's only administered equally when one engages with the adversial system.
    cerastes wrote: »
    Isnt it a legal requirement to have your licence on you? not speed and not drive unaccompanied, pretty sure intentionally not disclosing the truth to a Garda (lying) must be covered under some law.

    This pretty much underlines what I'm saying.


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  • Closed Accounts Posts: 3,601 ✭✭✭cerastes


    Bepolite wrote: »
    You're still trying to impose your moral assessment on the OP by questioning the use of proper legal advice. If the OP wants to follw that more power to them. It annoys me that you're exploiting someone in a vunerable position to try and get them the maximum possible penalty.

    NO, Im not, Im looking at it factually, if they wish to seek advice fine, thats their perogative. Im not exploiting them, they are not in a vulnerable position that they havent put themselves in by breaking the law in the first place, then making it obvious and compounding their error by speeding, which caused them to get caught and then further compounded that error by lying about it.

    It just doesnt sound like they have the experience or sense to be on the road, Im sure that there are many that are safe and circumvent these situations by not putting out a red flag.

    You have all the answers you tell me. I don't have all the answers I'm suggesting the OP speak to someone who does.

    I really do want to hear the answer to this, at this point I hope the OP gets legal advice now, comes back and honestly tells us what the outcome is.


    A solicitor is there to provide the best possible outcome, the guards are there to procure a conviction (directly or indirectly). Our system is adversarial - this is, again, you attempting to impose your own morality on the the situation.

    I cant see how the Gardai would allow their assessment of the situation to be overuled on this other than compassion, having been lied to too, it might be better to not raise anymore red flags, but that course is for the OP to decide.
    You could say the Gardai might or should consider other drivers on the roads that might meet someone like this ie a speeding, unlicenced,inexperienced driver, no offence intended to the OP but they and others might be better off if he wasnt on the road.How that can be defended, I dont know.


    It's only administered equally when one engages with the adversial system.



    This pretty much underlines what I'm saying.

    As for will lying to the Garda have a large bearing on this, depends, what side of the bed they got out of? how poorly they view being lied to? the attitude of the OP, maybe he does need someone to weigh in on their side but that might make things worse.

    At this stage, I'll pass no more comment on it but will wait for the OP to come back and let us know how he got on.

    I'm not hoping the OP gets hung out to dry, they may need the car very desperately for work, if they went about this safely I couldnt care less, but their judgement seems poor, better not to draw attention to yourself on the matter, speeding got them nabbed it seems, what speed? what road? what other circumstances? age? time of day? how bad, ie overtaking??
    Better to take it easy and try be honest with your actual experience rather than how great you think you are at driving, especially when a new inexperienced driver or as int he circumstances presented by the OP.


  • Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    cerastes wrote: »
    Better to take it easy and try be honest with your actual experience rather than how great you think you are at driving, especially when a new inexperienced driver or as int he circumstances presented by the OP.

    The same thing can be said in relation to giving out legal advice.

    OP speak to a solicitor.


  • Closed Accounts Posts: 3,601 ✭✭✭cerastes


    Bepolite wrote: »
    The same thing can be said in relation to giving out legal advice.

    OP speak to a solicitor.


    you had to weigh in with a smart comment,

    So, better to allow someone break the law and rather than come clean you suggest they squirm their way out of it by whatever means possible, sounds right for this country, doesnt cast the legal profession in a good light either.

    As Ive said, its their perogative to get or not get legal advice, up to them, Id be interested to see how they could be gotten off? hopefully the OP will come back with how they dealt with it and what the outcome is.


  • Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    cerastes wrote: »
    you had to weigh in with a smart comment,

    So, better to allow someone break the law and rather than come clean you suggest they squirm their way out of it by whatever means possible, sounds right for this country, doesnt cast the legal profession in a good light either.

    As Ive said, its their perogative to get or not get legal advice, up to them, Id be interested to see how they could be gotten off? hopefully the OP will come back with how they dealt with it and what the outcome is.

    If you don't understand that the system is adversiarial you shouldn't be advising people not to seek legal advice.

    In 90% of cases people plead guilty - they do this under legal advice becuase that's the best thing to do. You seem to think that legal advice/represenation will involve some long drawn out court battle or worming out. The fact is the guards if manners aren't put on them (and I have nothing but respect for them) will seek to throw the book at people and rightly so. Legal advice may help curtail this.

    The OP also has a right not to incriminate himself if he is done for lying to the guards. Legal advice will further help here.


  • Closed Accounts Posts: 3,601 ✭✭✭cerastes


    Bepolite wrote: »
    If you don't understand that the system is adversiarial you shouldn't be advising people not to seek legal advice.

    In 90% of cases people plead guilty - they do this under legal advice becuase that's the best thing to do. You seem to think that legal advice/represenation will involve some long drawn out court battle or worming out. The fact is the guards if manners aren't put on them (and I have nothing but respect for them) will seek to throw the book at people and rightly so. Legal advice may help curtail this.

    The OP also has a right not to incriminate himself if he is done for lying to the guards. Legal advice will further help here.

    I have said the OP can seek legal advice or not, thats their perogative, you seem not to be reading my posts, its up to them, but I think its too much myself and might not necessarily help them, but it depends on the circumstances as I said before, was OP speeding in a straight line on a motorway? or somewhere else or are there other circumstances present? might just depend on the attitude of the Garda.

    The FACT is they have lied to a Garda's face about having a licence and I think going in with legal advice could just cost them money and still end up with them being required to present the licence, which is not possible for them to do.
    You think I seem to think this will involve some long drawn out battle, simply put the Garda could say he wants to see the licence, if the OP doesnt turn up it seems he will have proceedings initiated for a number of things, not having licence on him, speeding, no L plates and unaccompanied, but maybe thats dependant on the Garda?
    Perhaps Im wrong but if the OP doesnt produce these in ten days then the OP will be summonsed?
    He might have a right not to incriminate himself, but I understood the owner of a car is now obliged to say who was driving if they are summonsed for speeding and they werent driving, if the owner is the OP then he will be obliged to admit liability then, if not the owner, then when they are summonsed they will have to verify the OP was driving.

    By all means OP get legal advice, at this stage, Im interested to see how it pans out, hopefully the OP learns a valuable lesson.
    The time spent dealing with the aftermath of motoring problems such as this is significantly more than any time advantage gained by speeding or operating outside the law and getting caught.


  • Registered Users, Registered Users 2 Posts: 9,798 ✭✭✭Mr. Incognito


    Solicitor is overkill.

    Go to the station. Produce the licence. Answer all questions truthfully a guard asks you, pay the fine, take the points.

    Lesson learnt.


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  • Registered Users, Registered Users 2 Posts: 141 ✭✭sean0


    Update:

    First, thanks for all the replies and given advice.

    I went to the Garda station and produced my learners permit. The on duty Garda took my details such as car reg and confirmed my address.
    After a 5 min wait the Garda came back, handed Me my licence and I left and drove home in my car with no l plates or accompanied by an experienced driver.

    The only penalty I got was for speeding. I got treated the same as if I had a full licence. I guess this demonstrates a fault in the system..

    I have gone for the test before in the last month and failed by 1 grade 2, I do have it booked to do again in two weeks.


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


    sean0 wrote: »
    Update:

    First, thanks for all the replies and given advice.

    I went to the Garda station and produced my learners permit. The on duty Garda took my details such as car reg and confirmed my address.
    After a 5 min wait the Garda came back, handed Me my licence and I left and drove home in my car with no l plates or accompanied by an experienced driver.

    The only penalty I got was for speeding. I got treated the same as if I had a full licence. I guess this demonstrates a fault in the system..

    I have gone for the test before in the last month and failed by 1 grade 2, I do have it booked to do again in two weeks.

    The on duty Garda does not know why you were stopped or what you said to the Garda that stopped you. He simply records your details on the system. The Garda who stopped you comes along afterwards and checks them against his notebook. So you still have a few months to wait and see if you get a summons.


  • Banned (with Prison Access) Posts: 1,513 ✭✭✭whupdedo


    sean0 wrote: »
    Update:

    First, thanks for all the replies and given advice.

    I went to the Garda station and produced my learners permit. The on duty Garda took my details such as car reg and confirmed my address.
    After a 5 min wait the Garda came back, handed Me my licence and I left and drove home in my car with no l plates or accompanied by an experienced driver.

    The only penalty I got was for speeding. I got treated the same as if I had a full licence. I guess this demonstrates a fault in the system..

    I have gone for the test before in the last month and failed by 1 grade 2, I do have it booked to do again in two weeks.

    You fought the law and won :pac: the most important thing to take from this is that lying works, learn from it and move on :D


  • Registered Users, Registered Users 2 Posts: 141 ✭✭sean0


    I hope the Garda doesn't follow it up if that's the case! Considering when I got mugged at knife point in broad daylight before and it wasn't followed up I'm expecting the same level of whatever you want to call it here.

    Fingers crossed anyway!


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


    sean0 wrote: »
    I hope the Garda doesn't follow it up if that's the case! Considering when I got mugged at knife point in broad daylight before and it wasn't followed up I'm expecting the same level of whatever you want to call it here.

    Fingers crossed anyway!

    i hope he does as you clearly don't give a damn about the law as evidenced by your previous post.


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  • Registered Users, Registered Users 2 Posts: 6,766 ✭✭✭RossieMan


    Hope you get caught OP.

    People like you are the problem in this country, you were caught the other day and still didn't put up "L" plates?
    Complete nonsense.

    Hopefully its followed up and you get what you deserve.


  • Registered Users, Registered Users 2 Posts: 141 ✭✭sean0


    apart from this instance I've never broken the law. I need my car for work, it's essential. It's either car or on the welfare.

    I do respect the law, forgive me if my post suggests I dont I was just simply highlighting that the system is flawed if I don't get a penalty.


  • Registered Users, Registered Users 2 Posts: 141 ✭✭sean0


    With l plates up I get stopped at every checkpoint. Only reason I got stopped this time was because I was doing 85 in an 80.
    Never had any accident, not even a scratch before. As I said my test is in two weeks and I was extremely unlucky to fail the first time.


  • Registered Users, Registered Users 2 Posts: 6,766 ✭✭✭RossieMan


    As you should. you shouldn't be driving alone.

    I understand you need it for work, but its against the law to drive alone on a learners.

    the law isn't just for you, everyone has to follow it.


  • Registered Users, Registered Users 2 Posts: 7,786 ✭✭✭slimjimmc


    sean0 wrote: »
    Update:

    First, thanks for all the replies and given advice.

    I went to the Garda station and produced my learners permit. The on duty Garda took my details such as car reg and confirmed my address.
    After a 5 min wait the Garda came back, handed Me my licence and I left and drove home in my car with no l plates or accompanied by an experienced driver.

    The only penalty I got was for speeding. I got treated the same as if I had a full licence. I guess this demonstrates a fault in the system..

    I have gone for the test before in the last month and failed by 1 grade 2, I do have it booked to do again in two weeks.
    You don't know that yet.
    By the way I suggest you go back to the same station and also show your insurance certificate (not just the disc) and your Motor Tax disc. There have been previous instances reported on Boards where the Garda expected all 3 documents even though the driver claimed he wasn't asked for all 3.

    sean0 wrote: »
    apart from this instance I've never broken the law. I need my car for work, it's essential. It's either car or on the welfare.

    I do respect the law, forgive me if my post suggests I dont I was just simply highlighting that the system is flawed if I don't get a penalty.
    You're breaking the law every time you drive unaccompanied and without L-plates, this was just the first occasion you were caught breaking the law ;) and even then you continued in the same vein.


  • Closed Accounts Posts: 2,382 ✭✭✭firestarter51


    slimjimmc wrote: »
    You don't know that yet.
    By the way I suggest you go back to the same station and also show your insurance certificate (not just the disc) and your Motor Tax disc. There have been previous instances reported on Boards where the Garda expected all 3 documents even though the driver claimed he wasn't asked for all 3.



    You're breaking the law every time you drive unaccompanied and without L-plates, this was just the first occasion you were caught breaking the law ;) and even then you continued in the same vein.
    I agree with showing all documents
    I was asked for my licence
    Then got a summons as the guard said he asked me for all three
    Court appearance and €150 fine


  • Registered Users, Registered Users 2 Posts: 141 ✭✭sean0


    RossieMan wrote: »
    As you should. you shouldn't be driving alone.

    I understand you need it for work, but its against the law to drive alone on a learners.

    the law isn't just for you, everyone has to follow it.

    I agree. Without law what would society be like? Very scary thought. I need a car, I was


  • Registered Users, Registered Users 2 Posts: 141 ✭✭sean0


    writing on an iPhone aorry about incomplete above post.

    I agree with everyone, breaking the law is wrong there is no denying that. To continue doing it after been caught is also wrong and I wish it didn't have to be this way. I really hope I pass my test in two weeks and also the advice with regards having my insurance and tax docs ready I appprciate the heads up on that.

    And as before my fingers are crossed that this isn't followed up and if it is I only have myself to blame.


  • Registered Users, Registered Users 2 Posts: 5,093 ✭✭✭Rubberchikken


    It would be interesting to know if you'll refrain from breaking the speed limit.

    What are the odds that someone who is willing to drive on an L plate unaccompanied and speed and be willing to lie to a garda, will obey the law with a full licence.

    Will you be willing to display the N plate for 2 years?


  • Registered Users, Registered Users 2 Posts: 141 ✭✭sean0


    I broke the speed limit in error, it can happen to anyone. It wasn't a conscious decision I made.

    With regards to N plates, I certainly will have them on my car and I look forward to the day when I get to buy them.


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