2 summonses...Driving offences...What will happen in court?

BlueBrunette

Hey, I'm a female 20 years old and Few months ago I bought a new car. Everything was up todate with it apart from the insurance which I didn't manage to transfer yet from the old car. I got stopped by the gards on my way home. I was a provisional driver at the time and they said there should be a person accompanying me and I should have the L plates displayed. I didn't have insurance at the time.

They took my car away. I bought the tax and I transfered the insurance straight away and I got my car back the same day.

Few days later I got 4 fines in
For driving without insurance and tax
Driving without supervising person
Driving without the L plates displayed

I paid all the fines the next day

But few weeks later I got a letter saying that I have to show up in court for no insurance and for driving unaccompanied and no L plates displayed

Is that OK from them?

What will happen if I show up in court?
Whats the worst possible outcome?

What will happen if I don't show up?
Thanks

finnharpsboy

BlueBrunette wrote: »

Hey, I'm a female 20 years old and Few months ago I bought a new car. Everything was up todate with it apart from the insurance which I didn't manage to transfer yet from the old car. I got stopped by the gards on my way home. I was a provisional driver at the time and they said there should be a person accompanying me and I should have the L plates displayed. I didn't have insurance at the time.

They took my car away. I bought the tax and I transfered the insurance straight away and I got my car back the same day.

Few days later I got 4 fines in
For driving without insurance and tax
Driving without supervising person
Driving without the L plates displayed

I paid all the fines the next day

But few weeks later I got a letter saying that I have to show up in court for no insurance and for driving unaccompanied and no L plates displayed

Is that OK from them?

What will happen if I show up in court?
Whats the worst possible outcome?

What will happen if I don't show up?
Thanks

# Driving without insurance is generally punishable by a fine of up to €2,500, disqualification of one year or more for a first offence and two years or more for a second offence, and, at the discretion of the court, a term of imprisonment not exceeding six months.

# In the case of a first offence of driving without insurance, the court may decide in special cases not to impose a period of disqualification or to impose a period of disqualification of less than a year. Where the court decides not to impose a disqualification, drivers convicted of a first offence of driving without insurance will incur 5 penalty points on their licence record in addition to any other penalty imposed by the court

BaronVon

No Insurance can carry a disqualification, best to contact a solicitor

KyranW

Little point transferring your insurance once you were caught, what if you have had an accident driving home?

If it's your first offence you won't get a ban but you are looking at a large fine, possibly €1k for all the offences mentioned.

If you don't show up, a bench warrant will be issued for your arrest.

BlueBrunette

These are my first offences.
And I got the insurance sorted once I left the garda station and I paid all the fines issued by them... Does that make any difference?

Stheno

BlueBrunette wrote: »

These are my first offences.
And I got the insurance sorted once I left the garda station and I paid all the fines issued by them... Does that make any difference?

No insurance is an automatic court appearance, not a fine so I suspect that fine was for no tax

lawred2

You'll be lucky to avoid a disqualification.

And rightly so.

You only transferred the insurance because you got caught.

Also a little surprised that the vendor allowed you to drive the car away without first you transferring your insurance.

BlueBrunette

And just to add, a friend of mine was caught drunk driving, no insurance no tax and the car wasn't even his.
He got summons in but didn't show up in court. He went back to the court few weeks later with the warrant and all he had to do was pay 150e and they took the warrant off him..

I know i did a bad thing but I'm so scared

punisher5112

Do not go alone as said above get a Solicitor that specialise in this field.

If you can show you were insured obviously not on the car but that will help as look we all do make mistakes but it is a bad one.

Did your insurance have driving other cars?

This may well affect your ability for to stay driving and also will become near impossible to get insurance.

I was in court recently and a 62 year old unemployed man was up for no licence, no insurance and nct he got a €150 fine plus €100 and was not banned which honestly was ridiculous.

b_mac2

BlueBrunette wrote: »

And just to add, a friend of mine was caught drunk driving, no insurance no tax and the car wasn't even his.
He got summons in but didn't show up in court. He went back to the court few weeks later with the warrant and all he had to do was pay 150e and they took the warrant off him..

I know i did a bad thing but I'm so scared

Mmmmm... some how I doubt that will be the last he hears of that.

BlueBrunette

lawred2 wrote: »

You'll be lucky to avoid a disqualification.

And rightly so.

You only transferred the insurance because you got caught.

Also a little surprised that the vendor allowed you to drive the car away without first you transferring your insurance.

They took my car away, that was about 2pm but I went to the insurance company straight away and then got the tax and I went back to garda station and got my car back

Armchair Andy

lawred2 wrote:

Also a little surprised that the vendor allowed you to drive the car away without first you transferring your insurance.

Is it any of his business though? Is he obliged to chase this up? Genuine question.

finnharpsboy

punisher5112 wrote: »

Do not go alone as said above get a Solicitor that specialise in this field.

If you can show you were insured obviously not on the car but that will help as look we all do make mistakes but it is a bad one.

Did your insurance have driving other cars?

This may well affect your ability for to stay driving and also will become near impossible to get insurance.

I was in court recently and a 62 year old unemployed man was up for no licence, no insurance and nct he got a €150 fine plus €100 and was not banned which honestly was ridiculous.

As she is a learner I wouldnt think driving other cars is covered (I may be wrong).

KyranW

BlueBrunette wrote: »

And just to add, a friend of mine was caught drunk driving, no insurance no tax and the car wasn't even his.
He got summons in but didn't show up in court. He went back to the court few weeks later with the warrant and all he had to do was pay 150e and they took the warrant off him..

I know i did a bad thing but I'm so scared

There's nothing to be afraid of, you won't be going to prison. Contact a solicitor, they're expensive but they are worth, you won't have to say a word in court, that's what your solicitor is for, just stand up, take your fines and move on with your life.

You didn't kill anybody.

finnharpsboy

BlueBrunette wrote: »

They took my car away, that was about 2pm but I went to the insurance company straight away and then got the tax and I went back to garda station and got my car back

The fact that is was 2pm kind of makes it worse as you could easily have made contact with your Insurance company to swap the policy over. The best thing you can do is get yourself a good solicitor, one who specializes in motoring offences and go from there

BlueBrunette

I'm not so much worried about the fine because Ill somehow manage to get the money... Im more worried about being disqualified from driving because I drive 60 km everyday to work...

And Whats the fine for driving without full licence?

lawred2

Armchair Andy wrote: »

Is it any of his business though? Is he obliged to chase this up? Genuine question.

With every car I've bought I've been asked to sort the insurance before taking it away.

I'm sure it's not a legal requirement and I'm sure there are some who couldn't give a hoot.

BlueBrunette

And to make it worse I think I lost my summonses... I was moving apartments last month and I cannot find it now, anywhere I can call to get the date and time of my hearing?

December2012

youre not going to be allowed continue to drive 60k each day without a full licence

When is your test?

Maybe you should look into alternative travel

Sleeper12

BlueBrunette wrote:

What will happen if I don't show up? Thanks

It will make things worse.
Definitely get a solicitor.

BlueBrunette

finnharpsboy wrote: »

The fact that is was 2pm kind of makes it worse as you could easily have made contact with your Insurance company to swap the policy over. The best thing you can do is get yourself a good solicitor, one who specializes in motoring offences and go from there

Just to explain myself abit..

I bought the car and was waiting for my certificate to arrive to buy my tax and to transfer the insurance because I was always told I cannot get insurance without having tax. And you cannot get tax without the certificate. If was the gardai that told me it's actually possible to get insurance without tax and certificate

finnharpsboy

Driving unaccompanied carries up to 4 penalty points.
Driving with no insurance is 5.

Without any fines, which there probably will be, that is 9 points. I thought if a learner driver racks up 7 they get 6 month ban automatically.

Pro Hoc Vice

BlueBrunette wrote: »

And just to add, a friend of mine was caught drunk driving, no insurance no tax and the car wasn't even his.
He got summons in but didn't show up in court. He went back to the court few weeks later with the warrant and all he had to do was pay 150e and they took the warrant off him..

I know i did a bad thing but I'm so scared

The 150 is bail for his appeal. Your friend knows that the friend is disqualified at the moment unless the appeal was lodged within 14 days of conviction.

Armchair Andy

Are you on a wind up? Lost 2 summonses!!

kirving

lawred2 wrote: »

You'll be lucky to avoid a disqualification.

And rightly so.

You only transferred the insurance because you got caught.

Also a little surprised that the vendor allowed you to drive the car away without first you transferring your insurance.

I'm not defending her, but why would she only transfer insurance because she was caught? She's presumably already paying her premium and made a bad judgement in not calling up the insurance company before she drove home.

I can understand the insurance, I can understand the L plates on a new car, but OP what I would have most issue with, and the judge may too, is the driving unaccompanied. That was the part that was inevitable when collecting the car and not a mistake.

Get a solicitor OP, it will be well worth the money.

BlueBrunette

I'm a full licence driver now, I did my test straight after being caught

kronnn

BlueBrunette wrote: »

And to make it worse I think I lost my summonses... I was moving apartments last month and I cannot find it now, anywhere I can call to get the date and time of my hearing?

Do you know roughly when the summons was for? I'd suggest contacting the clerk of the court you will be going to and they should be able to help you. And contact a solicitor asap! Sounds like you'll be needing one.

Pro Hoc Vice

BlueBrunette wrote: »

And to make it worse I think I lost my summonses... I was moving apartments last month and I cannot find it now, anywhere I can call to get the date and time of my hearing?

Yes you can call to the local District Court. if you don't know where it is located then google it.

BlueBrunette

kronnn wrote: »

Do you know roughly when the summons was for? I'd suggest contacting the clerk of the court you will be going to and they should be able to help you. And contact a solicitor asap! Sounds like you'll be needing one.

I know it's sometime in October, I think the beginning.
I'll look for a solicitor tomorrow.
Anyone know what It roughly could be to pay a solicitor? I'm in Clare

finnharpsboy

One of the drivers in work got 5 summonses for motoring offences, Tachographs and that kind of thing. Not sure who he rang but turns out he was entitled to free legal aid. They put him in touch with a solicitor who specializes in Motor Offences. OP might be worth your while to see if your entitled to free legal aid.

Pro Hoc Vice

finnharpsboy wrote: »

One of the drivers in work got 5 summonses for motoring offences, Tachographs and that kind of thing. Not sure who he rang but turns out he was entitled to free legal aid. They put him in touch with a solicitor who specializes in Motor Offences. OP might be worth your while to see if your entitled to free legal aid.

Normal RTO usually do not allow legal aid professional driving offences because of the impact of the large fines and loss of income may mean legal aid is granted. But the normal drink driving no insurance etc unless there is some extreme issue it may be a bad idea applying for legal aid. But of course that is dependent on the judge.

finnharpsboy

Pro Hoc Vice wrote: »

Normal RTO usually do not allow legal aid professional driving offences because of the impact of the large fines and loss of income may mean legal aid is granted. But the normal drink driving no insurance etc unless there is some extreme issue it may be a bad idea applying for legal aid. But of course that is dependent on the judge.

Ah i see, wasnt sure. Best google motor offence solicitors in Clare so OP

kronnn

Pro Hoc Vice wrote: »

Normal RTO usually do not allow legal aid professional driving offences because of the impact of the large fines and loss of income may mean legal aid is granted. But the normal drink driving no insurance etc unless there is some extreme issue it may be a bad idea applying for legal aid. But of course that is dependent on the judge.

There's also a long wait time for free legal aid, unless it is deemed that there is a real and urgent for it, which I don't think would apply in this case.

HeidiHeidi

finnharpsboy wrote: »

Driving unaccompanied carries up to 4 penalty points.
Driving with no insurance is 5.

Without any fines, which there probably will be, that is 9 points. I thought if a learner driver racks up 7 they get 6 month ban automatically.

If you get done for a few different points-carrying offences, you'll only get one set of points, for the offence which carries the most - so in your example above you'd get 5 points.

hullaballoo

Moderator: Time to speak to a solicitor. You have plenty of information to go on here in this thread bit legal advice cannot be gotten here.

A solicitor is your only option here to avoid heavy penalties.