Advice needed

spudnick

A few years ago 2012 I was stoped by the garda I at a check Point and issued a fine for not wearing a seat belt I was also told to produce licence and insurance. The next morning I got a flight to Australia and l8ved there for a few years. After moving I got a summons at my old address to appear in court for failure to produce. My brother road the garda I that I was living in Australia and would not be there. I left money with my brother for the fine to be paid so that was done.I have received no communication since the summons in a letter saying I didn't attend court or any fine ect . I have to get a background check done for a job now and wondering what will happen? Will this be on their system ? I was garda vetted last year for a job and that was OK. Just worried about this now.
Thanks

livedadream

spudnick wrote: »

A few years ago 2012 I was stoped by the garda I at a check Point and issued a fine for not wearing a seat belt I was also told to produce licence and insurance. The next morning I got a flight to Australia and l8ved there for a few years. After moving I got a summons at my old address to appear in court for failure to produce. My brother road the garda I that I was living in Australia and would not be there. I left money with my brother for the fine to be paid so that was done.I have received no communication since the summons in a letter saying I didn't attend court or any fine ect . I have to get a background check done for a job now and wondering what will happen? Will this be on their system ? I was garda vetted last year for a job and that was OK. Just worried about this now.
Thanks

sorry im not sure i follow, so a few questions:

1: did you tell the Garda that stopped you that you were leaving the country the next day? therefore would be unable to produce?

2: when your brother told the gard that you were living in Oz why didnt he pay the fine then?

3: your brother should have received a receipt for paying the fine. this is why you would not have received a letter.

4: are you living back in Ireland now? (i think you are but im not sure) from my understanding of garda vetting only shows up:

Details of all convictions not subject to the administrative filter. you dont have a conviction so this wouldnt be a problem
Details of all cases pending. no cases pending
Non convictions will be considered for disclosure where the circumstances of an offence gives rise to a bona fide concern that the person concerned may harm a child or vulnerable person- you driving without a seatbelt wouldnt fall under this,

to sum up i dont think the background check would show up anything more than garda vetting and i dont think the seatbelt thing would should up on anything other than the pulse system

spudnick

livedadream wrote: »

sorry im not sure i follow, so a few questions:

1: did you tell the Garda that stopped you that you were leaving the country the next day? therefore would be unable to produce?

2: when your brother told the gard that you were living in Oz why didnt he pay the fine then?

3: your brother should have received a receipt for paying the fine. this is why you would not have received a letter.

4: are you living back in Ireland now? (i think you are but im not sure) from my understanding of garda vetting only shows up:

Details of all convictions not subject to the administrative filter. you dont have a conviction so this wouldnt be a problem
Details of all cases pending. no cases pending
Non convictions will be considered for disclosure where the circumstances of an offence gives rise to a bona fide concern that the person concerned may harm a child or vulnerable person- you driving without a seatbelt wouldnt fall under this,

to sum up i dont think the background check would show up anything more than garda vetting and i dont think the seatbelt thing would should up on anything other than the pulse system

Yeah yeah I told the garda that I was leaving and would be unable to produce.
He told me I would get a fine for not wearing a seat belt and that I had to produce.
I left money with my brother to pay the fine for the seat belt which he did.
A few months later the gardai called with a summons be cause I didn't produce licence and insurance certificate. I didn't go to the hearing because I wasn't in Ireland.


Regards to a letter I meant for not showing up in court. Surely they would send correspondence saying I failed to show up and I've been fined for not showing up or fined for failure to produce. Or a warrant has been issued ect.

The job is in it so no kids , vulnerable people ect

livedadream

spudnick wrote: »

Yeah yeah I told the garda that I was leaving and would be unable to produce.
He told me I would get a fine for not wearing a seat belt and that I had to produce.
I left money with my brother to pay the fine for the seat belt which he did.
A few months later the gardai called with a summons be cause I didn't produce licence and insurance certificate. I didn't go to the hearing because I wasn't in Ireland.

Regards to a letter I meant for not showing up in court. Surely they would send correspondence saying I failed to show up and I've been fined for not showing up or fined for failure to produce. Or a warrant has been issued ect.

The job is in it so no kids , vulnerable people ect

did someone go to the hearing on your behalf? explain that you were out of the country for the foreseeable future and give a copy of the licence and insurance?

i cant understand why they would not issue a fine/bench request for failure to appear on grounds of a summons?

failure to appear ends a few ways:

Go ahead with the hearing in your absence
adjourn the matter. You will be notified of the new date for the hearing
If, on the adjourned date, you have still failed to appear in court and the judge is satisfied you were given reasonable notice of the adjourned hearing, the court may Issue a warrant for your arrest to bring you to court or
Go ahead with the hearing in your absence.

spudnick

livedadream wrote: »

did someone go to the hearing on your behalf? explain that you were out of the country for the foreseeable future and give a copy of the licence and insurance?

i cant understand why they would not issue a fine/bench request for failure to appear on grounds of a summons?

failure to appear ends a few ways:

Go ahead with the hearing in your absence
adjourn the matter. You will be notified of the new date for the hearing
If, on the adjourned date, you have still failed to appear in court and the judge is satisfied you were given reasonable notice of the adjourned hearing, the court may Issue a warrant for your arrest to bring you to court or
Go ahead with the hearing in your absence.

No one attended in my absence.

Would the court notify you of a change of date if you failed to show ?

If not would they notify you of a warrant for your arrest?

If they went ahead with the hearing without me would they have to let me know the outcome come ?
Thanks

livedadream

Why did no one attend in your absence?

Yes they would have notified you

There would not necessary be a warrant for your arrest

Yes they would have advised of the outcome.

I would worry however that you were aware of the event and didnt attend of have someone attend for you, thats just asking for trouble.

you had a genuine reason for not producing if someone had attended for you it could have been resolved.

I would say call the local cop shop but that might be bring it all back on top of you, maybe one of the legal eagles can advise better...

Little CuChulainn

There is likely a warrant for your lodgement in prison in lieu of the fine. It'd be out of date but easily renewed due to your evasion. You should also look into wether you received a driving ban or bench warrant.

spudnick

livedadream wrote: »

Why did no one attend in your absence?

My brother asked when the summons was delivered when he said I was not living in the country what would happen and the garda said most likely nothing that theven gardai who stopped me would close the case.
I suppose I'll just have to wait and see.

spudnick

Little CuChulainn wrote: »

There is likely a warrant for your lodgement in prison in lieu of the fine. It'd be out of date but easily renewed due to your evasion. You should also look into wether you received a driving ban or bench warrant.

Oh but would they have to notify me of any charges / ban when they occurred as livingthedream said ?

drunkmonkey

Did you check the outcome of the case, you were probably disqualified from driving and never knew it, you could still be.
You can ask for a set aside, represent yourself, get a letter from peace commissioner, summons Garda involved to court, appear with your proof of licence and insurance, case will probably be struck out or fine to be paid for original offence. Contact the court to find out the outcome of the case and get them to abc how you proceed with the set aside (basically case goes to court again but your issuing the summons not the Garda). It's simple enough I had to do it for the same kinda thing.

spudnick

drunkmonkey wrote: »

Did you check the outcome of the case, you were probably disqualified from driving and never knew it, you could still be.
You can ask for a set aside, represent yourself, get a letter from peace commissioner, summons Garda involved to court, appear with your proof of licence and insurance, case will probably be struck out or fine to be paid for original offence. Contact the court to find out the outcome of the case and get them to abc how you proceed with the set aside (basically case goes to court again but your issuing the summons not the Garda). It's simple enough I had to do it for the same kinda thing.

Okay I'll do that so. I don't think I am banned a I was stoped at a check Point and year ago for no tax ( had only purchased the car that week ) and the garda took my licence and reg and checked my details with the station and I had to wait while they checked the system so I assume if I was banned or had a warrant he would have arrested me ? But I will check with the court on the outscome and go from there

drunkmonkey

It's not producing your tax and insurance in court you'd be banned for, I was put off the road and never knew it, was driving away carefree and insured all the time. Every correspondence was going to an old address didn't know a thing until Garda came to arrest me over 2 years later, went to a local solicitor and he told me what to do, that's when the set aside came into it.