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Driving while on the phone HELP!!!

  • 07-11-2018 7:04pm
    #1
    Registered Users, Registered Users 2 Posts: 10 Hd97


    Just looking for some advice I've been on the road for 4 years had my full liscenc e for 19 months and I got caught driving while on the phone and I got a letter today with the fixed notice of 3 points and a 60 euro fine. now I already have 4 penalty points(caught twice with no full liscenc driver) and I know it's 6 points till I'm off the road after only having a full liscence for less than 2 years, so with that being said is there any1 who was in this predicament and is there anyway to get out of these points as I'm a mechanic and if I lose my liscence I lose my job not to mention the price of insurance making my life that bit more difficult thanks lads and ladies


«1

Comments

  • Registered Users, Registered Users 2 Posts: 4,617 ✭✭✭RocketRaccoon


    Nobody to blame but yourself unfortunately.


  • Registered Users, Registered Users 2 Posts: 3,694 ✭✭✭Signore Fancy Pants


    Just drive as you are supposed to from now on.

    i.e. dont break the law. Simple.


  • Registered Users, Registered Users 2 Posts: 1,150 ✭✭✭how.gareth


    Not sure how you expect to get out of the 3 points. You just need to realise how close you are to losing your license and be extra careful about breaking any more laws and getting more points, have you a full license now?
    Sorry just realised your on probation with the new licence, that’s a pox


  • Registered Users, Registered Users 2 Posts: 4,391 ✭✭✭Homer


    Good to see the usual high horse clown brigade out in force this evening :rolleyes:


  • Registered Users, Registered Users 2 Posts: 3,694 ✭✭✭Signore Fancy Pants


    Homer wrote: »
    Good to see the usual high horse clown brigade out in force this evening :rolleyes:

    No advice for the OP I see.


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  • Closed Accounts Posts: 689 ✭✭✭nim1bdeh38l2cw


    Chewbacca wrote: »
    Just drive as you are supposed to from now on.

    i.e. dont break the law. Simple.

    That's impossible, he's just been disqualified. What's your horse's name?


  • Registered Users, Registered Users 2 Posts: 3,694 ✭✭✭Signore Fancy Pants


    That's impossible, he's just been disqualified. What's your horse's name?

    Homer.


  • Registered Users, Registered Users 2 Posts: 15,704 ✭✭✭✭RayCun


    Since it's too late for the OP, some advice for other readers.

    If your job depends on you having a driving licence, don't break the law when driving.


  • Registered Users, Registered Users 2 Posts: 9,060 ✭✭✭Kenny Logins


    Just stop getting points and they'll reset after a few years. I think that's what most people do.


  • Posts: 8,385 ✭✭✭ [Deleted User]


    Homer wrote: »
    Good to see the usual high horse clown brigade out in force this evening :rolleyes:

    For once I don't disagree with all the above. The poster drove without full licence, so already had to be cautious but then uses phone and wants to get out of points.

    The only issue they see as a negative is insurance/job, and not the dangerous nature of actions.

    Unfortunately it's an extremely harsh lesson


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  • Closed Accounts Posts: 12,653 ✭✭✭✭Plumbthedepths


    Feel sorry for you but you clearly didn't learn a lesson from the other two occasions you were caught. Maybe a spell off the road will improve your behaviour behind the wheel.


  • Registered Users, Registered Users 2 Posts: 4,310 ✭✭✭Pkiernan


    Check to see what bus routes go to the dole office?


  • Registered Users, Registered Users 2 Posts: 20,845 ✭✭✭✭cormie


    Could the OP purposely not pay the fine, wait for a court date and try plea it with a judge.. and in the mean time, perhaps the points already accumulated may expire? Although sounds like they are all only recent!


    Oh, and buy these:

    https://www.amazon.co.uk/gp/product/B017I9CBPC/ref=oh_aui_search_detailpage?ie=UTF8&psc=1

    https://www.amazon.co.uk/gp/product/B00I58VAZS/ref=oh_aui_search_detailpage?ie=UTF8&psc=1


  • Registered Users, Registered Users 2 Posts: 1,678 ✭✭✭Gooser14


    As a novice driver and having now accumulated 7 points he is automatically disqualified from driving.

    Edit - was your first learner permit issued before 1 August 2014. If it was then it is 12 rather than 7 points to be disqualified.


  • Registered Users, Registered Users 2 Posts: 4,617 ✭✭✭RocketRaccoon


    cormie wrote: »
    Could the OP purposely not pay the fine, wait for a court date and try plea it with a judge.. and in the mean time, perhaps the points already accumulated may expire? Although sounds like they are all only recent!

    That would just result in a bigger fine because I doubt a judge would have any sympathy.


  • Closed Accounts Posts: 1,254 ✭✭✭Kevin Finnerty


    Was it definitely you driving the car at the time OP? Nobody else drives that car??


  • Closed Accounts Posts: 1,254 ✭✭✭Kevin Finnerty


    Gooser14 wrote: »
    As a novice driver and having now accumulated 7 points he is automatically disqualified from driving.

    How many points does it take for a novice to get disqualified?


  • Registered Users, Registered Users 2 Posts: 85,046 ✭✭✭✭Atlantic Dawn
    GDY151


    Turn your phone off or don't carry it while in your car, you will then have less chance of hitting 12 points as one offence won't be possible.


  • Registered Users, Registered Users 2 Posts: 4,617 ✭✭✭RocketRaccoon


    Was it definitely you driving the car at the time OP? Nobody else drives that car??

    I assume he gave a guard his licence.


  • Closed Accounts Posts: 14,983 ✭✭✭✭tuxy


    What kind of advice does the OP hope for? I can't think of a legal way around this.


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  • Registered Users, Registered Users 2 Posts: 3,656 ✭✭✭Wildly Boaring


    tuxy wrote: »
    What kind of advice does the OP hope for? I can't think of a legal way around this.

    Go to a solicitor now.
    Doubt they'll help either but perhaps some element of procedure was incorrect.

    Also 6 is off the road for all those worried about his 12 points. 6 on N plates


  • Registered Users, Registered Users 2 Posts: 8,954 ✭✭✭Markcheese


    I assume he gave a guard his licence.

    I was wondering about that, the Op seemed surprised that he got the notice in the post..

    Slava ukraini 🇺🇦



  • Closed Accounts Posts: 1,254 ✭✭✭Kevin Finnerty


    I assume he gave a guard his licence.

    I thought he still has it, even though he's aware of his licence being suspended.


  • Registered Users, Registered Users 2 Posts: 611 ✭✭✭rubberdungeon


    A lower threshold of seven penalty points leading to disqualification will apply to any driver who is granted their first learner permit on or after 1 August 2014 while they drive under a learner permit, and subsequently during the first two years while they drive under their first driving licence.

    http://www.rsa.ie/en/RSA/Licensed-Drivers/Driving-licence/Novice-Plates-Introduction/


  • Registered Users, Registered Users 2 Posts: 9,060 ✭✭✭Kenny Logins


    A lower threshold of seven penalty points leading to disqualification will apply to any driver who is granted their first learner permit on or after 1 August 2014 while they drive under a learner permit, and subsequently during the first two years while they drive under their first driving licence.

    http://www.rsa.ie/en/RSA/Licensed-Drivers/Driving-licence/Novice-Plates-Introduction/

    Didn't know that. Thanks


  • Registered Users, Registered Users 2 Posts: 4,220 ✭✭✭The_Honeybadger


    I’m at 6 OP, one set for holding a phone (not talking on it) while stopped dead in traffic and another for doing 60 in a 50 in a notorious trap coming in to a small village, the limit has since been increased there. Neither incident was in any way dangerous to anybody but there you go, just bad luck. My broker said that if I get another 3 there are only a few insurers that will take you on and you’ll pay through the nose.

    They’ll hopefully be gone by mid 2019.

    I had the same panic you are experiencing now when I got the second set of points. Just put the phone in the glove box from now on and drive carefully within the limits. Not the answer you want I know but it’s the only way of keeping your license I’m afraid.


  • Registered Users, Registered Users 2 Posts: 916 ✭✭✭1hnr79jr65


    My advice for your issue, get a leap card or learn public transport routes. Then when you get back on the road get a hands free kit built into your car.

    For now though, let this serve as a lesson not to f**k around on the road, the rules are there for everyone's safety, be it motorist, cyclist, motorcyclist or pedestrian. Be grateful u didn't kill anyone.


  • Registered Users, Registered Users 2 Posts: 6,601 ✭✭✭touts


    Looks like you're done for but your best bet is to consult a solicitor. There are several in the criminal justice industry with no morals who specialise in getting people like yourself off on technicalities.


  • Registered Users, Registered Users 2 Posts: 7,116 ✭✭✭zg3409


    Can OP appeal it, then go to court and hope officer or whoever does not show as seems to happen half the time and possibly get off ? I think a solicitor is a good idea. As them to look at letter before you admit to anything . Some solicitors specialise in road traffic offences.

    One tip to reduce penalties in future is to get a sat nav that beeps when you are over the speed limit. Very useful for those close to being banned.


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  • Registered Users, Registered Users 2 Posts: 16,128 ✭✭✭✭Seve OB


    AFAIK points aren't actually applied till you pay up.


  • Closed Accounts Posts: 14,983 ✭✭✭✭tuxy


    mickeyk wrote: »
    Just put the phone in the glove box from now on and drive carefully within the limits. Not the answer you want I know but it’s the only way of keeping your license I’m afraid.

    I knew someone would eventually advocate driving with no licence.

    My advice is to fight it in court and hope the guard doesn't turn up. It's unlikely to work though.


  • Registered Users, Registered Users 2 Posts: 1,678 ✭✭✭Gooser14


    How many points does it take for a novice to get disqualified?

    Seven points if your first learner permit was issued on or after 1 Aug 2014. Twelve points if your first learner permit was issued before 1 Aug 2014.


  • Closed Accounts Posts: 1,254 ✭✭✭Kevin Finnerty


    tuxy wrote: »
    I knew someone would eventually advocate driving with no licence.

    My advice is to fight it in court and hope the guard doesn't turn up. It's unlikely to work though.

    Is it though? Suit and tie, turn up and be contrite. The fact he's in employment has to count for something, and it's not as of he has been joyriding.
    Surely any judge could impose a heftier fine( a grand) where the OP would feel the pinch and learn his lesson.


  • Closed Accounts Posts: 14,983 ✭✭✭✭tuxy


    Is it though? Suit and tie, turn up and be contrite. The fact he's in employment has to count for something, and it's not as of he has been joyriding.
    Surely any judge could impose a heftier fine( a grand) where the OP would feel the pinch and learn his lesson.

    But doesn't the offence impose a mandatory amount of points that's not at the discretion of the judge? If he's found guilty these must be applied to his licence. I'm not sure how a judge could find him innocent if the garda has followed correct procedure.


  • Registered Users, Registered Users 2 Posts: 22,429 ✭✭✭✭endacl


    Good to see the system working as intended.

    Yeah, yeah. High horse etc.


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  • Closed Accounts Posts: 12,653 ✭✭✭✭Plumbthedepths


    Is it though? Suit and tie, turn up and be contrite. The fact he's in employment has to count for something, and it's not as of he has been joyriding. Surely any judge could impose a heftier fine( a grand) where the OP would feel the pinch and learn his lesson.


    The judge has no discretion in issuing a fine instead of points. The OP can go to court where the likelihood is double the points and fine.


  • Closed Accounts Posts: 14,983 ✭✭✭✭tuxy


    The judge has no discretion in issuing a fine instead of points. The OP can go to court where the likelihood is double the points and fine.

    Exactly, go sit in on some of the cases in the district court and you will see judges acknowledges that they have sympathy for the defendant but the offence has a mandatory penalty so their hands are tied.


  • Closed Accounts Posts: 1,254 ✭✭✭Kevin Finnerty


    The judge has no discretion in issuing a fine instead of points. The OP can go to court where the likelihood is double the points and fine.

    Didn't know that thanks.answers my previous question.


  • Closed Accounts Posts: 14,983 ✭✭✭✭tuxy


    Going to court could draw things out long enough to find alternative employment.
    Can the judge give him extra time to look for work before his licence is suspended?


  • Moderators, Business & Finance Moderators Posts: 17,898 Mod ✭✭✭✭Henry Ford III


    1st post from the OP. I smell something.


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  • Banned (with Prison Access) Posts: 886 ✭✭✭NasserShammaz


    tuxy wrote: »
    I knew someone would eventually advocate driving with no licence.

    My advice is to fight it in court and hope the guard doesn't turn up. It's unlikely to work though.

    yea blag it, get away with it, Drive home check your f*ckin facebook on the way, hit some kid crossing the road kill them do the big boo hoo in court say your sorry ,no worries, arse*ole


  • Registered Users, Registered Users 2 Posts: 51,411 ✭✭✭✭bazz26


    Bravo OP, you managed to work 3 pages out of this tall tail:

    giphy.gif


  • Registered Users, Registered Users 2 Posts: 16,128 ✭✭✭✭Seve OB


    tuxy wrote: »
    I knew someone would eventually advocate driving with no licence.

    My advice is to fight it in court and hope the guard doesn't turn up. It's unlikely to work though.

    How was that post advocating driving without a licence?


  • Registered Users, Registered Users 2 Posts: 28,901 ✭✭✭✭TitianGerm


    Hd97 wrote: »
    Just looking for some advice I've been on the road for 4 years had my full liscenc e for 19 months and I got caught driving while on the phone and I got a letter today with the fixed notice of 3 points and a 60 euro fine. now I already have 4 penalty points(caught twice with no full liscenc driver) and I know it's 6 points till I'm off the road after only having a full liscence for less than 2 years, so with that being said is there any1 who was in this predicament and is there anyway to get out of these points as I'm a mechanic and if I lose my liscence I lose my job not to mention the price of insurance making my life that bit more difficult thanks lads and ladies

    Stay off the phone you Fool


  • Closed Accounts Posts: 14,983 ✭✭✭✭tuxy


    Seve OB wrote: »
    How was that post advocating driving without a licence?

    He was saying to not surrender his licence and just drive carefully. Just because you keep onto the actual licence does not mean it hasn't been suspended.


  • Registered Users, Registered Users 2 Posts: 20,845 ✭✭✭✭cormie


    tuxy wrote: »
    He was saying to not surrender his licence and just drive carefully. Just because you keep onto the actual licence does not mean it hasn't been suspended.

    Pretty sure he meant when he eventually will get his license back!


  • Registered Users, Registered Users 2 Posts: 16,128 ✭✭✭✭Seve OB


    tuxy wrote: »
    He was saying to not surrender his licence and just drive carefully. Just because you keep onto the actual licence does not mean it hasn't been suspended.

    Nope. Noting there to suggest he was telling anyone not to surrender their licence.

    I read it as...

    If you don't want points on your licence and you have a habit of picking tour phone up, then it makes sense to chuck it in the glove box out of reach while driving around.


  • Registered Users, Registered Users 2 Posts: 2,637 ✭✭✭brightspark


    The OP has discovered the reason for penalty points, it's not just to give insurance companies a reason to increase premiums. It's a way of penalising those who continue to drive dangerously even after getting caught for one offence.

    Before the points system came in there were many drivers who didn't worry about speeding fines etc., they just paid and continued to break the speed limit. Just over twenty years ago, one of the directors of a company I worked for used to get caught speeding almost every week and would just complain that the Gardai were almost waiting for him each morning.

    I'd have some sympathy for the OP if they were just complaining about how getting caught for one offence was going to make their insurance increase, but they should have been more careful about not getting more points.


  • Registered Users, Registered Users 2 Posts: 4,220 ✭✭✭The_Honeybadger


    Seve OB wrote: »
    Nope. Noting there to suggest he was telling anyone not to surrender their licence.

    I read it as...

    If you don't want points on your licence and you have a habit of picking tour phone up, then it makes sense to chuck it in the glove box out of reach while driving around.

    That’s exactly what I meant.

    Didn’t read the whole thread and didn’t realise at that stage the OP was going to lose his license.

    Like I said I’m on 6 points myself, I sit in to the car now and the phone goes straight in to the glove box. I also drive like a granny, there is usually a trail of cars behind me in 50 zones.


  • Closed Accounts Posts: 14,983 ✭✭✭✭tuxy


    mickeyk wrote: »
    That’s exactly what I meant.

    Didn’t read the whole thread and didn’t realise at that stage the OP was going to lose his license.

    But in the first post the OP explained he will be losing his licence. If you're not even going to read the first post.........


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