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court re appeal

  • 12-01-2015 10:35pm
    #1
    shanemc123
    Registered Users, Registered Users 2 Posts: 100 ✭✭


    Hi my girlfriend was stopped at a checkpoint and asked her to produce a driving licence which she did not have on her it was left at home at the time,they said to produce within ten days was away on holidays that didn't happen got a summons didn't appear due to simply forgetting it then in the post appears a disqualification for 2 years and a fine for 1000, should she reappeal it what does a solicitor charge to do that and what then happens of the day of the appeal does the judge throw it out or half the sentence


Comments

  • #2
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    shanemc123 wrote: »
    Hi my girlfriend was stopped at a checkpoint and asked her to produce a driving licence which she did not have on her it was left at home at the time,they said to produce within ten days was away on holidays that didn't happen got a summons didn't appear due to simply forgetting it then in the post appears a disqualification for 2 years and a fine for 1000, should she reappeal it what does a solicitor charge to do that and what then happens of the day of the appeal does the judge throw it out or half the sentence

    Regardless of what they charge, if driving or €1000 are important to her then get one ASAP. Like anything else shop around.

    Don't be this disorganised now as driving on the ban is very unwise and avoiding the fine may very well land the GF with a few days inside.


  • #3
    Mr. Incognito
    Registered Users, Registered Users 2 Posts: 9,798 ✭✭✭Mr. Incognito


    Speak to a solicitor


  • #4
    xxtippchickxx
    Registered Users, Registered Users 2 Posts: 115 ✭✭xxtippchickxx


    gosh a disqualifation for not producing a driving permit is a bit harsh!!


  • #5
    Losty Dublin
    Registered Users, Registered Users 2 Posts: 13,258 ✭✭✭✭Losty Dublin


    xxtippchickxx wrote: »
    gosh a disqualifation for not producing a driving permit is a bit harsh!!

    Is it really?

    Consider this; she hadn't her licence on her at the time (Which in itself is an offence.) and she also failed to produce it within 10 day (Or after she returned home from a holiday.). She evidently failed to contact the prosecuting garda upon issue of the summons (This may well have resulted in the charges being struck out once the garda saw that all was in order.) and she "forgot" to appear in court to answer the charge and was duly found guilty and sentenced.

    Perhaps there is something else going on here in this case that led to such a long ban and heavy fine. However, she had quite a lot of chances to address the situation so she has nobody but herself to blame here. In the meantime she needs to obtain legal advice as regards grounds for an appeal as a matter of urgency.


  • #6
    conorh91
    Registered Users, Registered Users 2 Posts: 3,328 ✭✭✭conorh91


    shanemc123 wrote: »
    should she reappeal it
    How long ago did this happen?

    Appeals to the circuit court have to be lodged within 14 days in the office of the District Court.

    Extensions are possible for good reasons. But considering all the lapses of memory and missed opportunities so far… you'd want to get a move-on.


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