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Minor motoring conviction

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2

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    #32
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    Esel wrote: »
    You need to read the relevant posts again. It would appear to be solely about possession. So, cannabis unsmoked versus beer unopened.

    And you need to read my post I said a person caught in possession of cannabis while driving is lucky not to be arrested and brought to Garda station and have blood and urine tested. As most people I know who have cannabis usually smoke it.


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    #33
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    richy wrote: »
    This is just what I read online. And that was referring to a barrister as coyle said I would need one for an appeal to the circuit court. Have you any idea how much a consultation would cost?



    True. The guy did say that I could be done if I smoked the night before (18ish hours at this stage) for intoxication.

    There is no limit for cannabis once in system it's in system and the result will be positive. If Garda said that to you he was being nice.

    You do not need a barrister in an appeal but for some matters it would be advised. Road Traffic (except drink driving) a barrister is usually not needed. I believe a solicitor was used in district court he will be best person to advise you.


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    #34
    Esel
    Registered Users Posts: 22,056 ✭✭✭✭Esel


    Pro Hoc Vice wrote: »
    And you need to read my post I said a person caught in possession of cannabis while driving is lucky not to be arrested and brought to Garda station and have blood and urine tested. As most people I know who have cannabis usually smoke it.
    No, the OP referred to cans in the car (paraphrasing here). You said "6 cans gone out of your system". That was my point.

    Not your ornery onager



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    #35
    Pkiernan
    Registered Users Posts: 4,315 ✭✭✭Pkiernan


    OP - related to your cannabis possession, how do you feel about financially support the monstrous criminal gangs each time you buy from them?
    Next time you're chilling out spare a thought for the trafficked sex workers raped daily here, who are brought in by the same people you ultimately get your weed from.


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    #36
    Jesus.
    Banned (with Prison Access) Posts: 4,794 ✭✭✭Jesus.


    Pkiernan wrote: »
    OP - related to your cannabis possession, how do you feel about financially support the monstrous criminal gangs each time you buy from them? Next time you're chilling out spare a thought for the trafficked sex workers raped daily here, who are brought in by the same people you ultimately get your weed from.

    Oh my good God :eek:


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    #37
    shietpilot
    Closed Accounts Posts: 2,881 ✭✭✭shietpilot


    Pkiernan wrote: »
    OP - related to your cannabis possession, how do you feel about financially support the monstrous criminal gangs each time you buy from them?
    Next time you're chilling out spare a thought for the trafficked sex workers raped daily here, who are brought in by the same people you ultimately get your weed from.

    How is this relevant here? OP doesn't have a conviction for cannabis. OP has a conviction for non-functioning brake lights. I wish the OP wouldn't have mentioned it but that's how it always goes on Boards.ie.

    You might as well start fights here about non-Fairtrade coffee and the little pay workers get for it!


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    #38
    tossy
    Registered Users Posts: 9,590 ✭✭✭tossy


    Pkiernan wrote: »
    OP - related to your cannabis possession, how do you feel about financially support the monstrous criminal gangs each time you buy from them?
    Next time you're chilling out spare a thought for the trafficked sex workers raped daily here, who are brought in by the same people you ultimately get your weed from.

    I took a few months of from this place, posts like this make me wonder why i decided to check this forum this morning.

    The 'holier than thou' road is a dangerous one to go down and it usually filled with pitfalls and contradictions unless you are a monk who lives in the Tibetan hills who definitelydoesn't go pig shooting in the USA enjoying the loose gun control laws over there and then chills with a cold one looking at the latest school shooting on the news.... just saying is all.


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    #39
    Corvo
    Registered Users Posts: 3,659 ✭✭✭Corvo


    Jesus. wrote: »
    In one word, Yes

    Please do not listen to this.

    If you do have a claim, they could walk away from it for non-disclosure.


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    #40
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    Esel wrote: »
    No, the OP referred to cans in the car (paraphrasing here). You said "6 cans gone out of your system". That was my point.

    It was a post about being arrested for drink driving just because you had cans in car. The point I was making is that a person who drinks the drink goes out if system very quickly while a smoker can still have it showing up in a test for days and depending on how heavy a smoker even weeks. So driving while in possession of weed even though you may not have smoked in days leaves a person open to a test and possible conviction.


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    #41
    dr.fuzzenstein
    Banned (with Prison Access) Posts: 16,635 ✭✭✭✭dr.fuzzenstein


    Pkiernan wrote: »
    OP - related to your cannabis possession, how do you feel about financially support the monstrous criminal gangs each time you buy from them?
    Next time you're chilling out spare a thought for the trafficked sex workers raped daily here, who are brought in by the same people you ultimately get your weed from.

    And that's why it should be legalised. Less support for gangs, less trafficking, less waste of customs, police, court and prison resources, plus a happier population. And tax take instead of wasting billions on the aforementioned resources. Everybody wins!
    That or grow your own. How's the view now from your high horse?


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    #42
    richy
    Registered Users Posts: 502 ✭✭✭richy


    So my friend who works for a brokerage firm tried to get some quotes for me of companies that insure convicted drivers and he can't even get me one. Can only get ones for one conviction not two. I know they have to give quote if refused 3 times but it will be astronomical


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    #43
    blindside88
    Registered Users Posts: 1,968 ✭✭✭blindside88


    richy wrote: »
    So my friend who works for a brokerage firm tried to get some quotes for me of companies that insure convicted drivers and he can't even get me one. Can only get ones for one conviction not two. I know they have to give quote if refused 3 times but it will be astronomical

    Maybe speak to your solicitor about going down the appeal route as 2 separate convictions for the same offence seems crazy. Was it definitely 2 separate charges?


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    #44
    richy
    Registered Users Posts: 502 ✭✭✭richy


    blindside88 wrote: »
    Maybe speak to your solicitor about going down the appeal route as 2 separate convictions for the same offence seems crazy. Was it definitely 2 separate charges?

    Ya definitely. I rang him yesterday and from what I can gather the only way he said we could appeal is if we got our mechanic to come in and say he inspected it on the day and that it was working and that the guard was wrong.

    It seems harshness doesnt really count as a reason to get an appeal. I dunno what to do.


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    #45
    blindside88
    Registered Users Posts: 1,968 ✭✭✭blindside88


    richy wrote: »
    Ya definitely. I rang him yesterday and from what I can gather the only way he said we could appeal is if we got our mechanic to come in and say he inspected it on the day and that it was working and that the guard was wrong.

    It seems harshness doesnt really count as a reason to get an appeal. I dunno what to do.

    That's a real pain, did he happen to say why it is treated as 2 offences rather than 1? For example if my tyres weren't in a roadworthy condition it wouldn't be 4 deprecate offences, it seems crazy


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    #46
    richy
    Registered Users Posts: 502 ✭✭✭richy


    blindside88 wrote: »
    That's a real pain, did he happen to say why it is treated as 2 offences rather than 1? For example if my tyres weren't in a roadworthy condition it wouldn't be 4 deprecate offences, it seems crazy

    The guard didnt say anything. Didnt even mention that I would be charged with the brake lights issue. Judge didnt mention anything either


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    #47
    Special Circumstances
    Closed Accounts Posts: 7,569 ✭✭✭Special Circumstances


    richy wrote: »
    Ya definitely. I rang him yesterday and from what I can gather the only way he said we could appeal is if we got our mechanic to come in and say he inspected it on the day and that it was working and that the guard was wrong.

    It seems harshness doesnt really count as a reason to get an appeal. I dunno what to do.

    Tbh it doesn't seem like solicitor made a good job of this at all for you.


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    #48
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    Special Circumstances wrote: »
    Tbh it doesn't seem like solicitor made a good job of this at all for you.

    You mean getting the probation act on a drugs offence.


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    #49
    Special Circumstances
    Closed Accounts Posts: 7,569 ✭✭✭Special Circumstances


    Pro Hoc Vice wrote: »
    You mean getting the probation act on a drugs offence.

    It's not like he didn't pay his TV licence. Has the poor box been done away with or what. Or at least the old bit of rough patch turning over a new leaf craic they trot out?


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    #50
    coylemj
    Registered Users Posts: 25,361 ✭✭✭✭coylemj


    Special Circumstances wrote: »
    It's not like he didn't pay his TV licence. Has the poor box been done away with or what. Or at least the old bit of rough patch turning over a new leaf craic they trot out?

    He couldn't reasonably have expected to walk away with a clean sheet, the judge was pretty charitable in letting him off the drugs charge and slapping him on the wrist for the lights. Getting a drugs conviction on your record has serious implications for a lot of people, not least if you want to travel to the US.

    What I still don't understand is why those (relatively minor) convictions have such negative implications for car insurance - surely having a couple of faulty bulbs isn't a big deal as far as the insurance companies are concerned?

    To put it in perspective, many insurance companies tell you (in the policy document) that you only need to notify them if you have 4 or more points which means you can get a speeding ticket and it has no implications for your insurance so why is the OP deep in the brown stuff over a couple of bulbs?


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    #51
    Special Circumstances
    Closed Accounts Posts: 7,569 ✭✭✭Special Circumstances


    I stand corrected.
    The whole "two separate offences out of brake fault in one stop, seems legit" and the "maybe we could get a mechanic to lie now after the fact" just oozes professionalism and competence.


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    #52
    richy
    Registered Users Posts: 502 ✭✭✭richy


    My solicitor wasnt saying that we should do that, just that it is the only way an appeal would win. Im not sure if he just couldnt be bothered doing an appeal as the result was pretty good as is.

    I am curious as to whether I could get the two motoring convictions quashed based on hardship or whatever. I have heard of driving bans reduced because of this so I am wondering if same could be applicable here.


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    #53
    punisher5112
    Registered Users Posts: 24,647 ✭✭✭✭punisher5112


    How did you deal with the guard that stopped you and did you not say anything to the judge about sorry about lights didn't know or were on way to get new ones???


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    #54
    richy
    Registered Users Posts: 502 ✭✭✭richy


    :rolleyes:
    punisher5112 wrote: »
    How did you deal with the guard that stopped you and did you not say anything to the judge about sorry about lights didn't know or were on way to get new ones???

    Extremely polite with the guard as I always am with everyone in general. Was shocked when I saw 4 charge sheets.

    Didn't say anything at all to the judge because the lawyer does all the talking. The lawyer didnt even mention anything to do with the car really. Wasnt expecting to get convicted on them.

    From my research, first time offenders usually get the probation act for drug offenses. I presumed it would be probation act for all the offenses. Even when I was convicted of the 2 motoring ones I was relieved because its only a minor thing.

    Crazy the way that it is affecting the insurance. Like someone said I could have 4 penalty points and Id be fine. These 2 convictions are a disaster for the insurance.

    Also insured on my dads van as I work for him when hes on holidays so I am also screwing his insurance.


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    #55
    punisher5112
    Registered Users Posts: 24,647 ✭✭✭✭punisher5112


    richy wrote: »
    :rolleyes:

    Extremely polite with the guard as I always am with everyone in general. Was shocked when I saw 4 charge sheets.

    Didn't say anything at all to the judge because the lawyer does all the talking. The lawyer didnt even mention anything to do with the car really. Wasnt expecting to get convicted on them.

    From my research, first time offenders usually get the probation act for drug offenses. I presumed it would be probation act for all the offenses. Even when I was convicted of the 2 motoring ones I was relieved because its only a minor thing.

    Crazy the way that it is affecting the insurance. Like someone said I could have 4 penalty points and Id be fine. These 2 convictions are a disaster for the insurance.

    Also insured on my dads van as I work for him when hes on holidays so I am also screwing his insurance.


    Are you fully sure it's a conviction and not just a fine.


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    #56
    richy
    Registered Users Posts: 502 ✭✭✭richy


    punisher5112 wrote: »
    Are you fully sure it's a conviction and not just a fine.

    Fine is a conviction. Donation isnt. Im positive too that he said "Ill have to convict on the road traffic charges"


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    #57
    coylemj
    Registered Users Posts: 25,361 ✭✭✭✭coylemj


    punisher5112 wrote: »
    Are you fully sure it's a conviction and not just a fine.

    You can't be fined without a conviction in contrast to the application of the probation act which (for record purposes) is a conviction but there's no fine.


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    #58
    punisher5112
    Registered Users Posts: 24,647 ✭✭✭✭punisher5112


    Why was it a court appearance over the brake lights there is a fixed penalty for that. Was it due to drugs that it was added.

    Whole thing smells very fishy is there anything left out?


    How would there be a conviction on ones licence as no points have been added I understand for certain things but a minor light defect which can occur at any time.would suggest as others have get looking into it further.

    Was there other factors you are not providing and was the car defective for some time.

    I would class no brake lights as serious but if fixed right away there should be no issue and most petrol stations have bulbs obviously if it's a brake switch that would have to be fitted.


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    #59
    mgbgt1978
    Registered Users Posts: 4,230 ✭✭✭mgbgt1978


    I don't think anybody mentioned a "conviction on one's licence".
    It's simply a Conviction for a Motoring Offence.
    Still have to inform Insurance Company at renewal time.


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    #60
    punisher5112
    Registered Users Posts: 24,647 ✭✭✭✭punisher5112


    mgbgt1978 wrote: »
    I don't think anybody mentioned a "conviction on one's licence".
    It's simply a Conviction for a Motoring Offence.
    Still have to inform Insurance Company at renewal time.



    I get you.

    And I get the way insurance industry has gone but something as minor as that should be treated different to a dangerous driving or drink drive charge.

    I hope it is treated lightly but I suppose that's wishful thinking.


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    #61
    mgbgt1978
    Registered Users Posts: 4,230 ✭✭✭mgbgt1978


    It might be seen in this particular case that as the amount of drugs found was too small to get a conviction "somebody" had a word in the Judge's ear just before the motoring case.......

    ......the Judge then possibly ignored the fact that there was really only a single motoring-related offence (especially as it would appear to be simply a faulty brake light switch).


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