Got stopped driving a friends car...

Rx713B · 10-07-2018 5:45pm

You need to speak to a solicitor - you are in the wrong unfortunately and thus face a situation of a few serious offences being thrown at you - the best monies you can spend now is that of solicitor advice and when thus time comes good representation , TRUST ME !

Del2005 · 10-07-2018 5:48pm

coylemj wrote: »

All offences under the Road Traffic Acts are criminal. The Gardai do not get involved in civil cases, except if the plaintiff calls one as a witness.

And you are forgetting the effect a conviction for no insurance will have on the OP's future dealings with insurance companies. They don't take it too lightly, he can expect a hefty loading on his next premium.

There's emigration and travelling issues also. A series motoring conviction, which the OP is facing, impacts the ability to get visas.

seanrambo87 · 10-07-2018 5:50pm

coylemj wrote:

And 'you will look honest' - what's that supposed to mean? I think this is being incredibly naive. The desk sgt. will not contact the Garda involved, he will ask the OP if he has an insurance cert. to produce.

As far as seek him out and look honest, if he gets it on record that he was proactive in trying to sort it it will look better for him in court, it's hardly naive if a the gard in question can put a good word in for him on the day, not saying he will but doing something about it is better than doing nothing about it. Go way with your naivety ya clown.

Scraggs · 10-07-2018 5:51pm

Did the Garda say anything about your learners permit? Because you may receive a fine/points for driving unaccompanied also.

seanrambo87 · 10-07-2018 5:52pm

coylemj wrote:

And you are forgetting the effect a conviction for no insurance will have on the OP's future dealings with insurance companies. They don't take it too lightly, he can expect a hefty loading on his next premium.

It is in fact a civil matter, its contracts and cash, no injured party.

coylemj · 10-07-2018 6:00pm

seanrambo87 wrote: »

It is in fact a civil matter, its contracts and cash, no injured party.

Driving without insurance is a criminal offence.

Eggs For Dinner · 10-07-2018 6:00pm

wexie wrote: »

He also doesn't 'know' he'll get a conviction for driving without insurance.

Of course it's likely, but the question on the insurance forms isn't : 'are you likely to get a conviction for motoring offences'.....the question is 'do you have (currently) any convictions for motoring offences'.

You will also be asked for any 'pending prosecutions'. If you are stopped for driving without insurance or a licence, you cannot reasonably argue that you didn't think a prosecution was coming your way. It is non-disclosure

seanrambo87 · 10-07-2018 6:02pm

Pelvis wrote:

Is this true? Even dangerous driving offenses?

What's dangerous driving? Dangerous driving causing harm? Yeah that's a crime, with a victim. We're talking about a civil statute here

coylemj · 10-07-2018 6:08pm

wexie wrote: »

He also doesn't 'know' he'll get a conviction for driving without insurance.

Of course it's likely, but the question on the insurance forms isn't : 'are you likely to get a conviction for motoring offences'.....the question is 'do you have (currently) any convictions for motoring offences'.

+1 typically along the lines of .... 'have you or any person insured under this policy been convicted of or charged with any motoring offence?'

In the OP's case, the answer is 'no'.

The OP's situation is that his name is in a Garda's notebook, that does not constitute a pending case.

seanrambo87 · 10-07-2018 6:09pm

coylemj wrote:

And 'you will look honest' - what's that supposed to mean? I think this is being incredibly naive. The desk sgt. will not contact the Garda involved, he will ask the OP if he has an insurance cert. to produce.

My apologies, I should not have called you a clown.

coylemj · 10-07-2018 6:12pm

seanrambo87 wrote: »

My apologies, I should not have called you a clown.

Apology accepted.

And while I have your attention, all breaches of the Road Traffic Act are criminal offences.

seanrambo87 · 10-07-2018 6:26pm

coylemj wrote:

And while I have your attention, all breaches of the Road Traffic Act are criminal offences.

I am not well read on the law but I have been through the mill over the years and am basing it on experience. My understanding of it is that it is not viewed as a criminal act, harmful towards a victim. It is a civil statute given force of law through criminal conversion, contracting. I have not tried to give the op legal advice just my opinion and I'm open to correction.

well spoken man · 10-07-2018 6:27pm

Take a punt OP..go to the station with your new insurance and have the desk sergeant put it in the book...odds are the guard won't even notice the discrepancy in dates...

seanrambo87 · 10-07-2018 6:36pm

well spoken man wrote:

Take a punt OP..go to the station with your new insurance and have the desk sergeant put it in the book...odds are the guard won't even notice the discrepancy in dates...

It will of course be noticed, I reckon if he can speak to the member in question, a kind word from said member on the day will soften the blow, he's definitely getting prosecuted but to what extent.

CeilingFly · 10-07-2018 6:37pm

well spoken man wrote: »

Take a punt OP..go to the station with your new insurance and have the desk sergeant put it in the book...odds are the guard won't even notice the discrepancy in dates...

Take a punt and give the insurance of the owner which will show the car and reg and may have open driving and hope your licence isn't required too.

well spoken man · 10-07-2018 6:43pm

Nothing to lose...

endacl · 10-07-2018 6:48pm

Pelvis wrote: »

Is this true? Even dangerous driving offenses?

Not at all. The complete opposite of true, in fact.

fritzelly · 10-07-2018 6:48pm

All insurance companies have a non disclosure as part of their cover.
Not disclosing being caught with no insurance, without an accompanying driver with a full licence and driving a car with no NCT or tax will end up just one way if ever a claim was brought against the OP

endacl · 10-07-2018 6:50pm

seanrambo87 wrote: »

My understanding of it is that it is not viewed as a criminal act, harmful towards a victim.

Your understanding is flawed.

Offences are not 'viewed' as criminal or otherwise. They either are, or they aren't.

ectoraige · 10-07-2018 6:57pm

seanrambo87 wrote: »

As far as seek him out and look honest, if he gets it on record that he was proactive in trying to sort it it will look better for him in court, it's hardly naive if a the gard in question can put a good word in for him on the day, not saying he will but doing something about it is better than doing nothing about it. Go way with your naivety ya clown.

Yeah, and even if going in to the Garda station doesn't make any difference to the outcome in this case, it might make the difference between the local guard thinking "there's that idiot" versus "there's that lying chancer" next time he passed him.

EagererBeaver · 10-07-2018 6:58pm

well spoken man wrote: »

Take a punt OP..go to the station with your new insurance and have the desk sergeant put it in the book...odds are the guard won't even notice the discrepancy in dates...

Ah lads you're kidding yourselves if you think this has any chance of achieving anything. Any self respecting guard with an interest in doing their job properly will think "this lad went out and got himself insurance a few days after I stopped him, who does he think he's trying to kid?”

What credit would you think you could reasonably expect or be entitled to if this was the course of action you took? You would be entitled to absolutely none. The lad clearly drove knowingly without insurance. Taking some out a few days after the fact doesn't mitigate that at all as there's no "doing the right thing" here. Rather it's a rather brazen and shameless attempt to give the impression of propriety.

endacl · 10-07-2018 6:59pm

EagererBeaver wrote: »

Any self resurrecting guard.

Jesus guard?

Zombie guard?!?

Pelvis · 10-07-2018 7:00pm

seanrambo87 wrote: »

What's dangerous driving? Dangerous driving causing harm? Yeah that's a crime, with a victim. We're talking about a civil statute here

Err, dangerous driving as per the Road Traffic Act.

Never mind, I think I have my answer.

seanrambo87 · 10-07-2018 7:01pm

endacl wrote:

Your understanding is flawed.

Fair enough,

seanrambo87 · 10-07-2018 7:02pm

endacl wrote:

Jesus guard?

endacl wrote:

Zombie guard?!?

Perennial gard?

beechwood55 · 10-07-2018 7:04pm

Have a read of this. Learner driver. Unaccompanied. And count yourself lucky.

https://www.independent.ie/irish-news/courts/student-driver-found-screaming-and-in-serious-pain-following-crash-which-killed-her-four-friends-trial-told-37101637.html

seanrambo87 · 10-07-2018 7:05pm

Pelvis wrote:

Err, dangerous driving as per the Road Traffic Act.

Pelvis wrote:

Never mind, I think I have my answer.

According to who I was getting at, look I see the error in my assumptions, as I stated its from my own experiences.

EagererBeaver · 10-07-2018 7:12pm

endacl wrote: »

Jesus guard?

Zombie guard?!?

Haha, fantastic. Fixed!

FurBabyMomma · 10-07-2018 7:31pm

beechwood55 wrote: »

Have a read of this. Learner driver. Unaccompanied. And count yourself lucky.

https://www.independent.ie/irish-news/courts/student-driver-found-screaming-and-in-serious-pain-following-crash-which-killed-her-four-friends-trial-told-37101637.html

That article is just horrific to read. 4 lives senselessly lost. Also anyone trying to offer the OP advice on how to dishonestly weasel their way out of this would want to read it and cop themselves on.

evolving_doors · 10-07-2018 7:54pm

well spoken man wrote: »

Take a punt OP..go to the station with your new insurance and have the desk sergeant put it in the book...odds are the guard won't even notice the discrepancy in dates...

This. But have a fair good excuse or play dumb as soon as yer rumbled
But get some legal advice first.

Got stopped driving a friends car...

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