Trouble with the law! HELP!

nicmarie

Hi my brother came home from America a few months ago. He was stupid enough to get a car in his name but has no licence. He was planning to sort that out soon but he was stopped on Friday and told the Guard that he forgot it and now he has 10 days to produce it! I am so scared for him! Does anyone know what he should do!!! He is thinking about leaving the country again.....

I know it was stupid but I dont want him to get in trouble or have to leave... Anyone any ideas??

Carlos Orange

I think you can drive here short term on a US license. Presumably he would still need tax and insurance.
Does he have a US license?

VisibleGorilla

Leaving the country without getting this sorted would be a very foolish mistake.

Get a solicitor asap.

nicmarie

Thanks for your response. No he doesnt have any license. I know it was so foolish! I dont want him to be in a lot of trouble

Pat Mustard

Did he have insurance?

CliCliW

How would any insurance company take it without a licence?

nicmarie

Yes he did have insurance but tax was up a few weeks thats the only reason they asked for his license. If only he gave a different name but he gave his real name. This happened in Cork, he lives miles away. I think he will leave the country.

Carlos Orange

nicmarie wrote: »

Yes he did have insurance but tax was up a few weeks thats the only reason they asked for his license.

I imagine someone who tells lies on his insurance application doesn't actually have insurance even if he gave them some money.

bongda2188

Did he have insurance?

Stheno

nicmarie wrote: »

Yes he did have insurance but tax was up a few weeks thats the only reason they asked for his license. If only he gave a different name but he gave his real name. This happened in Cork, he lives miles away. I think he will leave the country.

How did he have insurance with no licence?

jimmii

nicmarie wrote: »

Yes he did have insurance but tax was up a few weeks thats the only reason they asked for his license. If only he gave a different name but he gave his real name. This happened in Cork, he lives miles away. I think he will leave the country.

Driving without a licence, some how with insurance and now thinking about skipping the country and you wish he would have given the Gardai a fake name? Just has to face up to the consequences here imo.

jimmii

bongda2188 wrote: »

Did he have insurance?

A few posts up OP says they did some how.

Michael D Not Higgins

Stheno wrote: »

How did he have insurance with no licence?

He lied to the insurance company. Fortunately they still cover third party to those people.

Michael D Not Higgins

Okay I reckon there's two possibilities here. One, the OP's brother never had a licence (or worse, is banned) and might be prosecuted. Two, he had a licence once but since expired and can throw himself on the mercy of the courts/Gardaí by renewing and updating all documentation and tax/insurance/etc.

nicmarie

He had a provisional license years ago he was in America for 10 years he needed a car to work I know it was foolish

Stheno

Did he tell the insurance company he had a licence?

slimjimmc

Sorry deleted my post when I read above (post 4) he didn't have any licence.

SillyBeans

So he has no valid licence now? Did he ever have a full licence or just a provisional? How did he get insurance without a valid licence? Did he lie?

nicmarie

Stheno wrote: »

And did he tell the insurance company he had a licence?

To be honest I'm not sure but the car is definitely in his name

SillyBeans

nicmarie wrote: »

To be honest I'm not sure but the car is definitely in his name

That just means he owns the car. Doesn't mean he has insurance. He might be lucky and get away with it but I'd imagine this won't be the last he hears of it

jimmii

nicmarie wrote: »

To be honest I'm not sure but the car is definitely in his name

If you want people to give you advice its best to offer accurate information if you don't know best not to say he has. Does he have any previous convictions or anything?

223vmax

Own up is the best way. Come clean and go and tell Guards what happened and take the rap...At the end of the day he wont receive a custodial sentence, but will get a fine and points. Could be much worse, he could have been cause of an accident and fled scene.....

Its not worth that much worry TBH. I would get sorted PRIOR to going back to US. Last thing he needs is to have it over him not knowing what'll happen if guards come across him again.

Milly33

Is his insurance not void as he didn't have a licence no.... Sounds like in fairness tis his own fault, so let him get the comupins for it..He has to learn somehow..

Maybe he can call down to the local guards and explain all honesty is the best policy (which he has proved already) so if he goes down and admits he was being stupid or took a chance they might be leanant on him. If not lesson learned

awec

nicmarie wrote: »

To be honest I'm not sure but the car is definitely in his name

Doesn't matter whose name the car is in. Wouldn't make a difference if he was driving your car or Santa's sleigh (so long as he was suitably insured on both).

It's not illegal to own a car without having a license, just to drive it on public roads.

Carlos Orange

223vmax wrote: »

At the end of the day he wont receive a custodial sentence, but will get a fine and points.

Hardly likely to get points for driving without a license.

Stheno

psinno wrote: »

Hardly likely to get points for driving without a license.

Two points fixed penalty notice or five if you end up in court

nicmarie

will they definitely follow up the 10days to produce his license? Could he maybe get rid of the car, I aknow I am thinking of things that are wrong but he is not going to go to court he will leave the country before that happens.

Stheno

nicmarie wrote: »

will they definitely follow up the 10days to produce his license? Could he maybe get rid of the car, I aknow I am thinking of things that are wrong but he is not going to go to court he will leave the country before that happens.

It's a fixed penalty notice with a fine and points

You'd swear it was the end of the world the way you are posting

endacl

nicmarie wrote: »

will they definitely follow up the 10days to produce his license? Could he maybe get rid of the car, I aknow I am thinking of things that are wrong but he is not going to go to court he will leave the country before that happens.

I hope he's worrying half as much as you are. I'd take a step back. You can support him without making his stupid problem your problem. He's a big boy. He'll have to deal with the consequences of his choices.

HeidiHeidi

nicmarie wrote: »

will they definitely follow up the 10days to produce his license? Could he maybe get rid of the car, I aknow I am thinking of things that are wrong but he is not going to go to court he will leave the country before that happens.

Will they follow up? Probably, but nobody except the garda in question can answer that. And by the time your brother finds out the answer to that question, it'll be too late.

Getting rid of the car won't achieve much - the offence was committed on the day he was stopped, and told fibs to the garda. Never a clever idea.

Does he really think it'd be preferable to leave the country with a summons/warrant out for him, and either never come back or (since it's not THAT serious an offence, it's not like he killed someone) every time he does come back it'll be hanging over him and he's left wondering and looking over his shoulder the whole time?

I know what I'd be doing. In the greater scheme of things it's not that huge an offence. Fess up and take whatever's coming, and at least it's dealt with.

Carlos Orange

Stheno wrote: »

Two points fixed penalty notice or five if you end up in court

Fair enough. I assumed you couldn't and I didn't see it in the list below but it is
a long enough list so I probably just missed it.

http://www.rsa.ie/Documents/Licensed%20Drivers/Penalty%20Points%20Chart1.pdf

Stheno

psinno wrote: »

Fair enough. I assumed you couldn't and I didn't see it in the list below but it is
a long enough list so I probably just missed it.

http://www.rsa.ie/Documents/Licensed%20Drivers/Penalty%20Points%20Chart1.pdf

It may have changed you seem to be right I can't see it there either, apologies

nicmarie

No he had driving offences when he was a teenager so if they find out that it is him he will be probably banned off the road. He also provided the guard with a fake date of birth when he was stopped

Penny Tration

nicmarie wrote: »

will they definitely follow up the 10days to produce his license? Could he maybe get rid of the car, I aknow I am thinking of things that are wrong but he is not going to go to court he will leave the country before that happens.

They will more than likely follow up and getting rid of the car wont make a difference.

If he leaves the country and doesn't show up with his documents or to court (when he fails to produce), a warrant could be issued for his arrest, which fcuks him up if he ever wants to come back.

Stheno

nicmarie wrote: »

No he had driving offences when he was a teenager so if they find out that it is him he will be probably banned off the road. He also provided the guard with a fake date of birth when he was stopped

Ah so the full story is now coming out

That changes things somewhat op.

223vmax

nicmarie wrote: »

No he had driving offences when he was a teenager so if they find out that it is him he will be probably banned off the road. He also provided the guard with a fake date of birth when he was stopped

You really need to explain the full situation otherwise posting is pointless.....

Was he banned when he was stopped?

awec

nicmarie wrote: »

No he had driving offences when he was a teenager so if they find out that it is him he will be probably banned off the road. He also provided the guard with a fake date of birth when he was stopped

So he has been caught before for driving without a license? What happened last time?

Dial Hard

nicmarie wrote: »

No he had driving offences when he was a teenager so if they find out that it is him he will be probably banned off the road. He also provided the guard with a fake date of birth when he was stopped

Your brother really needs to start learning from his mistakes.

SillyBeans

Was there a reason he didn't want to get his licence sorted first? Is he already banned from driving abroad? If he's banned here (potentially), would that affect his ability to get a licence abroad? It should do

jimmii

nicmarie wrote: »

No he had driving offences when he was a teenager so if they find out that it is him he will be probably banned off the road. He also provided the guard with a fake date of birth when he was stopped

No point keeping information back or people can't give advice. Is there anything else at all that is going to be a factor? Why did he give a fake DoB?

uck51js9zml2yt

He needs to talk to a solicitor.

Everything else is just guessing.

Triangla

nicmarie wrote: »

No he had driving offences when he was a teenager so if they find out that it is him he will be probably banned off the road. He also provided the guard with a fake date of birth when he was stopped

He has 10 days to produce a licence to a Garda station, he will also need to produce insurance details at the same time. Not producing either will result in a court date.

Lying, making false statements to Gardai and fleeing the country are miles worse than the original offence.

He will probably get a fine, points, possible ban for driving. He needs to talk to a solicitor to ground him in reality. It's not like he robbed a bank.

Milly33

Sounds like a load of waffle OP. Sorry but you keep coming up with more bits of information. Would it not make more sense to say it all. See this is how you get into trouble.Sounds like your brother has taken too many chances and tis time it caught up with him... tell him to take it like and man and you should stop covering for him also

nicmarie

Yes there is more to the story, he was caught driving 10 years ago with a fake licence so thats why he went to America for 10 years. He came home and planned to take the driving test but he is dyslexic so he found it hard listening to the CD and taking it all in so he was putting it off. He lives in a very small town in the countryside so he wasnt too worried. There is no way he will face up to this....

Penny Tration

nicmarie wrote: »

Yes there is more to the story, he was caught driving 10 years ago with a fake licence so thats why he went to America for 10 years. He came home and planned to take the driving test but he is dyslexic so he found it hard listening to the CD and taking it all in so he was putting it off. He lives in a very small town in the countryside so he wasnt too worried. There is no way he will face up to this....

So hes already fled the country once, came back, did the same thing again, and wants to run again?

He needs a slap of some sense.

endacl

nicmarie wrote: »

Yes there is more to the story, he was caught driving 10 years ago with a fake licence so thats why he went to America for 10 years.

Kinda thought that was the case. That'll catch up to him now.

nicmarie wrote: »

He came home and planned to take the driving test but he is dyslexic so he found it hard listening to the CD and taking it all in so he was putting it off.

Lot's of people are dyslexic. Its a hurdle. Not a barrier. Also, it doesn't effect listening to CDs.

nicmarie wrote: »

He lives in a very small town in the countryside so he wasnt too worried. There is no way he will face up to this....

He may have no choice but to. The size of the town has feckall to do with anything.

Seriously. He sounds like a bit of a tool in this regard. You appear to be running around trying to sort this out for him, so that he can continue to refuse to grow up and sort his life out. Step back. Its his problem. If he doesn't start taking consequences and sort his life out he'll continue to be a tool. You're really not doing him any favours.

jimmii

nicmarie wrote: »

Yes there is more to the story, he was caught driving 10 years ago with a fake licence so thats why he went to America for 10 years. He came home and planned to take the driving test but he is dyslexic so he found it hard listening to the CD and taking it all in so he was putting it off. He lives in a very small town in the countryside so he wasnt too worried. There is no way he will face up to this....

Thats kind of a big thing to omit. Did you not think that might have been worth mentioning? I know he is your brother but its hard to see how you can be defending him here.

I am dyslexic too but I wouldn't go driving round without a licence lying about it because I couldn't be arsed to do the work. It might take a little longer but thats just the way it is its got to be done.

Milly33

nicmarie wrote: »

Yes there is more to the story, he was caught driving 10 years ago with a fake licence so thats why he went to America for 10 years. He came home and planned to take the driving test but he is dyslexic so he found it hard listening to the CD and taking it all in so he was putting it off. He lives in a very small town in the countryside so he wasnt too worried. There is no way he will face up to this....

Sorry now but being dyslexic is no excuse stop making excuses for him for fecks sake. It has gone like well my brother done this, weep weep... Then you tell the a bit more of how your brother has already done this and you still feel sorry for him, and then tell more...

Unless your brother is 2 which is highly unlikely then his old enough to take responsibility for what he has done.

michealsad

Just a question, Is your brother a citizen in the USA ? or was he 'un-documentated' I know this is completely off topic, however if he was there illegally, he may having difficulty getting back....?

Stheno

nicmarie wrote: »

Yes there is more to the story, he was caught driving 10 years ago with a fake licence so thats why he went to America for 10 years. He came home and planned to take the driving test but he is dyslexic so he found it hard listening to the CD and taking it all in so he was putting it off. He lives in a very small town in the countryside so he wasnt too worried. There is no way he will face up to this....

Your brother sounds like an idiot. He needs to grow up and take responsibility for himself.

Tzardine

When he goes to court, which it will, I hope the judge throws the book at him so hard that it gives him a concussion.

I suspect that even if he is banned in the future that it won't prevent him from driving.