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Legal advice for NI resident.

  • 05-01-2018 10:41pm
    #1
    Registered Users, Registered Users 2 Posts: 3


    Hi all.
    I am looking for some guidance as to what I should do.

    Im an NI resident currently living in Derry, full driving license 7+ years.
    In August of this year I was stopped for speeding in Donegal. I was asked for my licence by the Gardai and unfortunately didn't have it with me. I was asked to produce it to the handiest Gardai station for me (Newtowncunningham) within 10 days. I was also fined 80€ IIRC and that was paid no problem.

    I tried over the next 10 days to produce my license at the specified station but to no avail! There was never once a Guard on duty. I also rang and left messages which were never returned .
    After two weeks, I rang the buncrana Gardi station for advice, to be told that there was nothing on record for my name/address or the date.
    I was advised to leave another message with Newtowncunningham station and await their reply.
    I left a handwritten note through the letterbox with all my details and again not once heard anything of it.
    TBH I forgot about it then.

    Fast forward to last week and I receive 3 summons to court.
    Driving without a license
    Failing to produce a license for a Gardai
    Failing to produce the license within 10 days.

    What in gods name do I do now? Do I need a solicitor?
    North or South?
    I'm properly worried.

    Thanks.


Comments

  • Registered Users, Registered Users 2 Posts: 17,862 ✭✭✭✭fritzelly


    Should have gone to any Garda station and produced your licence etc and asked for proof of it.
    Then you would have done all you could to prove you have your licence in court but if you can prove you made all reasonable effort to produce it then you should be grand (after all we don't if you were turning up at 2 in the morning)

    Did you try phoning the station to see when someone would be there?

    Was the garda based there? Weird to be pointing you to a small station


  • Closed Accounts Posts: 4,935 ✭✭✭TallGlass


    Either find the Gardaí on the summons or before the court case talk/show documents to the Garda explain you tried to contact them, produce documents. Failing that, any right minded judge will throw it out once you show that, you have a licence and insurance, made efforts to produce.


  • Registered Users, Registered Users 2 Posts: 3 Nurserino


    Thanks for the reply

    He asked me on the day which was was handiest to me and I said Newtowncunningham.

    RE: Ringing the station yes, never got an answer. That's why I rang Buncrana to see when someone would be on duty in Newtowncunningham and there wasn't someone there when there was supposed to be.
    I rang buncrana a second time and was going to arrange to show it there but the officer couldn't find me or any details on the system.


  • Registered Users, Registered Users 2 Posts: 17,862 ✭✭✭✭fritzelly


    Nurserino wrote: »
    I rang buncrana a second time and was going to arrange to show it there but the officer couldn't find me or any details on the system.

    Should have been logged on their system - just another nail in the coffin for your proof of trying


  • Closed Accounts Posts: 4,935 ✭✭✭TallGlass


    Nurserino wrote: »
    Thanks for the reply

    He asked me on the day which was was handiest to me and I said Newtowncunningham.

    RE: Ringing the station yes, never got an answer. That's why I rang Buncrana to see when someone would be on duty in Newtowncunningham and there wasn't someone there when there was supposed to be.
    I rang buncrana a second time and was going to arrange to show it there but the officer couldn't find me or any details on the system.

    Find the district HQ of which area you where stopped in and ring them up and ask for the member in charge and explain to them, your looking for the Garda on the summons, failing that explain to them what you have said here. Failing that again, just show up at court and talk to the Garda before the case or the judge. TBH at this stage, if you have summons, I think it's court case regardless, even if you speak to the Garda, the Garda will just say to the Judge, that x has since produced the document and the judge will dismiss the case.


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  • Registered Users, Registered Users 2 Posts: 17,862 ✭✭✭✭fritzelly


    TallGlass wrote: »
    TBH at this stage, if you have summons, I think it's court case regardless, even if you speak to the Garda

    True, a garda can't get a summons dismissed so you have to turn up regardless


  • Registered Users, Registered Users 2 Posts: 3 Nurserino


    fritzelly wrote: »
    True, a garda can't get a summons dismissed so you have to turn up regardless

    Do I need to contact a solicitor?


  • Registered Users, Registered Users 2 Posts: 17,862 ✭✭✭✭fritzelly


    Nurserino wrote: »
    Do I need to contact a solicitor?

    God no, just turn up with all your facts
    Why pay money for someone when it's not your fault


  • Closed Accounts Posts: 4,935 ✭✭✭TallGlass


    fritzelly wrote: »
    God no, just turn up with all your facts
    Why pay money for someone when it's not your fault

    I'd agree, the other side of the coin is that some people might feel a bit perplexed by the court system and intimidated. If you think you might feel this way then it's no harm to have a solicitor to help you.

    Either way, this should be anything more than show your licence and explain what you have said here and that will be the end of it. You paid the fine, which you should mention and that you have a licence and that you've tried to produce at the said station.


  • Registered Users, Registered Users 2 Posts: 17,862 ✭✭✭✭fritzelly


    TallGlass wrote: »
    I'd agree, the other side of the coin is that some people might feel a bit perplexed by the court system and intimidated. If you think you might feel this way then it's no harm to have a solicitor to help you.

    Either way, this should be anything more than show your licence and explain what you have said here and that will be the end of it. You paid the fine, which you should mention and that you have a licence and that you've tried to produce at the said station.

    A lot of people feel intimidated by the court, and that is why they hire solicitors, but really it isn't that bad unless you are on a murder charge!


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