Can the Gardai prosecute me for this?

Red Hare

The background setting is that my car was broken into in early May and things were messed about with. I live in an area with a high level of criminal activity - my near neighbour was shot in a notorious gangster feud and then he was shot dead again.

On Sunday 13th May at 9.00 pm at night I was out working as a home care assistant in my local area. I Was stopped at a checkpoint by a person with a gun and then a man dressed like garda took my insurance disc from me and refused to give it back to me.

At about 9.30 I rang 999 and reported that a person dressed as a garda stole my disc.

I brought my valid certificate of insurance to the local garda station as soon as it opened.

I haven't seen my disc since then. I sought help from the Chief Superintendent. My complaint was sent to a community garda sergeant in another district.
This afternoon I asked for my disc to be returned to me and the community has stated several times to me on the phone that the reason why its being hung onto by the police is that they could prosecute me for displaying an out of date disc.

is this true - even after I present my actual certificate within hours of this theft?

artanevilla

Was the disk out of date?

MissShihTzu

Was your tax out of date?

Wheety

Was it out of date when he took it?

Red Hare

they say the dis was out of date but they have refused to show it to me - my certificate was in date

seamus

You are required, at all times while the vehicle is in a public place, to have a valid insurance disc displayed on the vehicle.

Failure to do so is an offence, regardless of whether you actually have insurance or not. And you can be prosecuted for non-display.


There's more here than you're letting on because I've never heard of Gardai taking an expired disc. And I find it very suspicious that you don't know if your disc was in date or not.

Would you be on first-name terms with any of the local Gardai by any chance?

Red Hare

thanks for that information - is it ok for them to hold onto my disc?

RustyNut

seamus wrote: »

You are required, at all times while the vehicle is in a public place, to have a valid insurance disc displayed on the vehicle.

Failure to do so is an offence, regardless of whether you actually have insurance or not. And you can be prosecuted for non-display.

I thought you had some time after the start of the policy before you were obliged to display a disc. Open to correction.

MissShihTzu

OP -You should know whether your paperwork is valid or not. The insurance cert should tell you. Was the disc correctly displayed? And did you have valid tax with the right disc displayed? As pointed out, you can be prosecuted for failure to display either or both.

_Brian

Just contact the insurance company for a replacement

seamus

RustyNut wrote: »

I thought you had some time after the start of the policy before you were obliged to display a disc. Open to correction.

No. The offence of not displaying an insurance disc has no grace period.

Note that this is a separate offence to not being insured. Even if you are fully insured, if you're not displaying a valid disc, you are committing an offence and can be prosecuted.

seamus

Red Hare wrote: »

thanks for that information - is it ok for them to hold onto my disc?

They can hold it as evidence.

It doesn't sound like they believe your disc was expired, it sounds like they believe it was fake.

RustyNut

seamus wrote: »

RustyNut wrote: »

I thought you had some time after the start of the policy before you were obliged to display a disc. Open to correction.

No. The offence of not displaying an insurance disc has no grace period.

Note that this is a separate offence to not being insured. Even if you are fully insured, if you're not displaying a valid disc, you are committing an offence and can be prosecuted.

I stand corrected.

Seth Brundle

Red Hare wrote: »

I live in an area with a high level of criminal activity - my near neighbour was shot in a notorious gangster feud and then he was shot dead again.

How many times has he been shot dead?

Red Hare

they only brought up prosecution to me today on 24th August when I asked for the disc back that was taken from me on 13 May. Is there a time limit for bringing prosecution please would anyone know?

billybonkers

Red Hare wrote: »

they only brought up prosecution to me today on 24th August when I asked for the disc back that was taken from me on 13 May. Is there a time limit for bringing prosecution please would anyone know?

Was the disc in date? You have not said.

Red Hare

Seth Brundle wrote: »

How many times has he been shot dead?

it was twice - modern medicine saved him once. May he rest in peace.

Red Hare

I thought that it was. Then I waas told i was not but I actually haven't seen it. Are the guards entitled to steal it and not give it back?
My care was broken into so it could be anyones disc.

my tax was up to date and NCT.

endacl

Red Hare wrote: »

I thought that it was. Then I waas told i was not but I actually haven't seen it. Are the guards entitled to steal it and not give it back?
My care was broken into so it could be anyones disc.

my tax was up to date and NCT.

I know when my insurance is up, because I pay it at the same time every year. How could you not?

Tax and nct are irrelevant.

RustyNut

RustyNut wrote: »

seamus wrote: »

RustyNut wrote: »

I thought you had some time after the start of the policy before you were obliged to display a disc. Open to correction.

No. The offence of not displaying an insurance disc has no grace period.

Note that this is a separate offence to not being insured. Even if you are fully insured, if you're not displaying a valid disc, you are committing an offence and can be prosecuted.

I stand corrected.

Or not maybe
Hmmm

"5. (1) A person shall not use a vehicle in a public place, after the expiration of a period of ten days commencing on the date of authentication of the certificate of insurance, unless the vehicle carries an insurance disc in the manner specified in sub-article (2) of this article.

Red Hare

Seth Brundle wrote: »

How many times has he been shot dead?

he was shot dead once and due to modern medicine he was brought back to life and then shot again sometime later. may he read in peace

MissShihTzu

All of this sounds very odd. Do the Gards normally have checkpoint at gunpoint? Have you made an appointment to see the Superintendent and ask face to face what the story is? I would do that as a priority.

KevinCavan

Your insurance policy would tell you whether the disc was in date, when it was handed over to the guards.

Red Hare

Red Hare wrote: »

I thought that it was. Then I waas told i was not but I actually haven't seen it. Are the guards entitled to steal it and not give it back?
My care was broken into so it could be anyones disc.

my tax was up to date and NCT.

Ahhh, so someone broke into your car & placed an out of date disc in the windscreen? And you don't know if your own disc was in date or not?
You should prosecute the Garda for theft, absolutely.

Red Hare

Is there a time limit for the gardai prosecuting me for alleged disc failure or are then entitled to keep this going endlessly ? please would anyone know?

JigglyMcJabs

MissShihTzu wrote: »

All of this sounds very odd. Do the Gards normally have checkpoint at gunpoint? .

In some areas, yes they do, specially when there are gangs in the area.

endacl

http://www.citizensinformation.ie/en/justice/criminal_law/criminal_trial/time_limitations.html

Reati

MissShihTzu wrote: »

All of this sounds very odd. Do the Gards normally have checkpoint at gunpoint? Have you made an appointment to see the Superintendent and ask face to face what the story is? I would do that as a priority.

Yes they have armed check points. I’ve been through a few in my days. The armed lads don’t talk. They just are there for protection of the rank and filers.

Anyway, clearly the thing was out of date. I’m so confused why the OP is fighting this unless the insurance tax was in date. It’s either trolling or leaving out the story on purpose and hence no real answers.

JigglyMcJabs

Red Hare wrote: »

Is there a time limit for the gardai prosecuting me for alleged disc failure or are then entitled to keep this going endlessly ? please would anyone know?

Courts are on holidays, which may have delayed the summons you are likely to get for driving without insurance. If you don't get it by mid November, you're probably off the hook. Unless it was a fake disc, in which case you should be talking to a solicitor pronto.

Red Hare

I think it is likely that my disc was stolen when my care was broke into and that what the gardai have is the disc that was underneath - but I don"t know because the garda has it.

The garda raised my gender to me ( not his) and my profession to me - home carer. His college had no uniform and had a gun .he had a uniform but he ran away from when I as he his name and his number. It has taken me more than 3 months to find out who he is.

My local station is closed at night but I rand a neighbouring station and they refused to confirm if he was a garda or give me his name due to data protection.

I was insured of course.

Reati

Red Hare wrote: »

I think it is likely that my disc was stolen when my care was broke into and that what the gardai have is the disc that was underneath - but I don"t know because the garda has it.

The garda raised my gender to me ( not his) and my profession to me - home carer. His college had no uniform and had a gun .he had a uniform but he ran away from when I as he his name and his number. It has taken me more than 3 months to find out who he is.

My local station is closed at night but I rand a neighbouring station and they refused to confirm if he was a garda or give me his name due to data protection.

I was insured of course.

I’m not sure if it’s the grammar or what but I can’t tell what you are trying to say.

A guard raised your gender?
What was the armed Garda wearing if he had no uniform yet had a uniform and ran away?
Where did he run too?

Spook_ie

To be fair, I often bang the new tax disc in front of the old one but find it harder to put the insurance disc in front of the old one but it could be done.

However to the OP if there was a suspicion of using a vehicle without insurance or with an invalid disc were you not either asked to produce your documents or had the car seized?

keffiyeh

Red Hare wrote: »

I think it is likely that my disc was stolen when my care was broke into and that what the gardai have is the disc that was underneath - but I don"t know because the garda has it.

The garda raised my gender to me ( not his) and my profession to me - home carer. His college had no uniform and had a gun .he had a uniform but he ran away from when I as he his name and his number. It has taken me more than 3 months to find out who he is.

My local station is closed at night but I rand a neighbouring station and they refused to confirm if he was a garda or give me his name due to data protection.

I was insured of course.

+1 for not really being able to understand what you're saying here...

JigglyMcJabs

Red Hare wrote: »

I think it is likely that my disc was stolen when my care was broke into and that what the gardai have is the disc that was underneath - but I don"t know because the garda has it.

The garda raised my gender to me ( not his) and my profession to me - home carer. His college had no uniform and had a gun .he had a uniform but he ran away from when I as he his name and his number. It has taken me more than 3 months to find out who he is.

My local station is closed at night but I rand a neighbouring station and they refused to confirm if he was a garda or give me his name due to data protection.

I was insured of course.

OK, you had insurance and an insurance disc correctly displayed, but your car was broken into and you didn't notice that the up to date disc was stolen.

You were then stopped at a checkpoint where a garda noticed that the disc was out of date, because it was a previous disc you hadn't removed.

The garda took the disc as evidence and you haven't hear anything since?

Spook_ie

Follow on question, is the disc still within date or has your insurance since been renewed, if it's been renewed why would you want the old disc back?

If it's still in date then just get a replacement disk from your insurance company and wait to see if you get a fpn for not displaying a disc.

Did you report the car break in it would add support to your story if you contested an issued fpn.

Red Hare

Hi Spook, I think you just read the last post but not the first.

Anyway everyone - it was good to find out that the garda has six months to prosecute me so that leaves anther 2 .5 months.

I think that my experience is the reason why the elderly find it difficult to get care calls at night and especially weekend
nights.

i am not going to risk meeting these garda again in Dublin 7. So the fact is the loss it to the elderly in Dublin 7.

I have looked after plenty of retired gardaí in my time but that won't happen again.

punisher5112

The only time limit is getting a summons within 6 months signed out.

After that they can furnish it to you at any point.

Your grammar is shocking and the story is bizarre.

How could you be getting done unless you weren't insured at the time and sorted it after.

Guards by the way didn't steal your disc.

Did it have your reg on it and why would anyone break in and place another disc in there unless they were driving your car.

JigglyMcJabs

Red Hare wrote: »

Hi Spook, I think you just read the last post but not the first.

Anyway everyone - it was good to find out that the garda has six months to prosecute me so that leaves anther 2 .5 months.

I think that my experience is the reason why the elderly find it difficult to get care calls at night and especially weekend
nights.

i am not going to risk meeting these garda again in Dublin 7. So the fact is the loss it to the elderly in Dublin 7.

I have looked after plenty of retired gardaí in my time but that won't happen again.

Bit dramatic.

L1011

You are responsible for checking discs are in date and also what is stolen after a breakin. Trying weird emotional plays is quite irrelevant.

You need to confirm you actually did have insurance and to contact the Guard in question if you have actually received a FPN (I can't tell, your posts are so confused) to explain what happened and provide the proof

Calm down and stop bringing irrelevant external factors in to it

keffiyeh

Red Hare wrote: »

Hi Spook, I think you just read the last post but not the first.

Anyway everyone - it was good to find out that the garda has six months to prosecute me so that leaves anther 2 .5 months.

I think that my experience is the reason why the elderly find it difficult to get care calls at night and especially weekend
nights.

i am not going to risk meeting these garda again in Dublin 7. So the fact is the loss it to the elderly in Dublin 7.

I have looked after plenty of retired gardaí in my time but that won't happen again.

There's definitely more to this story. And this coming from someone who has no time for the Gardai. Why not just explain to them what you think happened? I mean, it makes sense as a crime? A tax disc could very well be something worth stealing for some toerag?

Spook_ie

Red Hare wrote: »

Hi Spook, I think you just read the last post but not the first.

Anyway everyone - it was good to find out that the garda has six months to prosecute me so that leaves anther 2 .5 months.

I think that my experience is the reason why the elderly find it difficult to get care calls at night and especially weekend
nights.

i am not going to risk meeting these garda again in Dublin 7. So the fact is the loss it to the elderly in Dublin 7.

I have looked after plenty of retired gardaí in my time but that won't happen again.

I actually read all the posts and am trying to get a handle on the course of events

1 you had your car broken into
2 you were stopped at a checkpoint later and your disc was taken by a Garda
3 you went to the Gards trying to get the disc back

Now please answer
1 did you report the car break in?
2 were you asked to produce your details at a Garda station
If not and you hadn't got proof of insurance was the car seized?
3 if the disc was an old one why would you want it back, if the Gards decided to issue a fpn for the offence they may well keep it as evidence in case/if you contest it.
3a if your insurance is/was valid the insurance company will/would have provided you with a current replacement disc

Spook_ie

Red Hare wrote: »

Hi Spook, I think you just read the last post but not the first.

Anyway everyone - it was good to find out that the garda has six months to prosecute me so that leaves anther 2 .5 months.

I think that my experience is the reason why the elderly find it difficult to get care calls at night and especially weekend
nights.

i am not going to risk meeting these garda again in Dublin 7. So the fact is the loss it to the elderly in Dublin 7.

I have looked after plenty of retired gardaí in my time but that won't happen again.

I actually read all the posts and am trying to get a handle on the course of events

1 you had your car broken into
2 you were stopped at a checkpoint later and your disc was taken by a Garda
3 you went to the Gards trying to get the disc back

Now please answer
1 did you report the car break in?
2 were you asked to produce your details at a Garda station
If not and you hadn't got proof of insurance was the car seized?
3 if the disc was an old one why would you want it back, if the Gards decided to issue a fpn for the offence they may well keep it as evidence in case/if you contest it.
3a if your insurance is/was valid the insurance company will/would have provided you with a current replacement disc

antodeco

This is just a bizarre post. 100% more to the story or to the OP, as an individual.

bilbot79

Red Hare wrote: »

is this true - ...?

This....is the question haha

Are you in fact driving without a disc and claiming the reason is that the Gards took it...

You should dig up proof of purchase then

Red Hare

While this is great craic n' all - I really want to know can the gardai can steal my insurance disc and then hang onto it for 3 and a half months - and when asked to give it back then threaten to prosecute me ?

Sleeper12

Red Hare wrote:

The background setting is that my car was broken into in early May and things were messed about with. I live in an area with a high level of criminal activity - my near neighbour was shot in a notorious gangster feud and then he was shot dead again.

You can only be shot dead once. I don't believe that you can be shot dead again

Reati

Red Hare wrote: »

While this is great craic n' all - I really want to know can the gardai can steal my insurance disc and then hang onto it for 3 and a half months - and when asked to give it back then threaten to prosecute me ?

Yes. Clearly they can as they have done it and when you approached the station were told likewise. Happy now?

Or you can answer the questions and get an actual useful answer?

K.Flyer

Red Hare wrote: »

While this is great craic n' all - I really want to know can the gardai can steal my insurance disc and then hang onto it for 3 and a half months - and when asked to give it back then threaten to prosecute me ?

Yes, if they believe it to be evidence of you having commited a motoring offence, whether you realised you had committed one or not.

Did the Garda at the checkpoint ask you to produce your document of insurance to a Garda station?

And Yes, it is common enough now to see armed Garda at a checkpoint, especially if there have been serious problems in the area.

3DataModem

You had valid insurance but an old fake disc accidentally or deliberately on display, I’m guessing.

Why do i think this?
1. It would be trivial for you to get a replacement disc from your insurers... yet somehow this is beyond you. In fact, it wouldn’t even be a replacement as you should still have the original.
2. You are obsessed with getting it back
3. You don’t know the date of it.

Red Hare

There is non stop garda presence in my area since this feud happened.
There is so much overtime at bank holiday mondays and at weekend nights from other garda migrating into this area to do overtime - that its not safe for care workers to attend the elderly without encountering hassle from them.

If i was speeding along footpaths on a motor bike doing 90 mph and male, or hanging outside the oasis fling lass bottles at the innocent they wouldn't go near me - thats a fact.

Those gangsters are far nicer to me and the elderly and thats a fact too. I am not going to work at nights ,weekends or bank holidays because of all the horrible garda that are shifted into the area for overtime purposes.

Mod
Stop ranting about AGS

Witcher

Red Hare wrote: »

There is non stop garda presence in my area since this feud happened.
There is so much overtime at bank holiday mondays and at weekend nights from other garda migrating into this area to do overtime - that its not safe for care workers to attend the elderly without encountering hassle from them.

If i was speeding along footpaths on a motor bike doing 90 mph and male, or hanging outside the oasis fling lass bottles at the innocent they wouldn't go near me - thats a fact.

Those gangsters are far nicer to me and the elderly and thats a fact too. I am not going to work at nights ,weekends or bank holidays because of all the horrible garda that are shifted into the area for overtime purposes.

What in the name of god are you going on about?