Driving offence

Needadvice2017

My partner has been summons for nin display of insurance and license .
His license was lost and the day previous had gone to the guards to get forms signed .
He genuinely was off the road while hed no insurance but that day needed medicine for the smally not even a sob story there really is no good enough excuse for what he did .
He has his licence since and is on my insurance policy aswell as its now a shared car.
The case is for the week befor xmas ...we really cannot afford a solicitor which brings me to my question .. does he need a solicitor i really wouldnt know anything about this..

amcalester

If I was caught driving without insurance or a license I’d hire a solicitor.

I’d also expect a large fine and penalty points.

The money spent on the solicitor will hopefully lower the fine and mean no jail term.

Needadvice2017

He does expect a heafty fine regardless.. its just as i said the solicitor charges plus the fine are what were worried about as money is tight .
Also as it is my car and i wasnt present and wont be at the case but there was never any mention from the guard or summons about this

Atlantic Dawn

Your ownership will only come in to it if he didn't have permission to take it or is a learner driver and took it.

Make sure if he's going to say he was going to get medicine that the judge doesn't look up your home location and see it's about a 2 minute walk from the house to the nearest chemist.

Needadvice2017

Its not its a 45 minute walk to the nearest chemist..

Henry Ford III

Needadvice2017 wrote: »

Its not its a 45 minute walk to the nearest chemist..

I feel for you but I can't see this going too well tbh.

License wise it'll probably be ok (assuming he had a valid one at the time).

Insurance wise it's pretty black and white. He chose to drive a good distance uninsured. He could be the worlds greatest parent and the worlds safest driver too, but unfortunately his actions were illegal.

You'll be pleading for leniency based on the circumstances.

I'd hire a good solicitor.

newmember2

Atlantic Dawn wrote: »

Your ownership will only come in to it if he didn't have permission to take it or is a learner driver and took it.

Make sure if he's going to say he was going to get medicine that the judge doesn't look up your home location and see it's about a 2 minute walk from the house to the nearest chemist.

Is the onus not on the owner to ensure whoever is driving their car is doing so lawfully?

Samuel T. Cogley

newmember? wrote: »

Is the onus not on the owner to ensure whoever is driving their car is doing so lawfully?

Not here AFAIK, this was brought in, in the UK I think.

FishOnABike

This might help inform you
https://www.thesun.ie/money/2746553/uninsured-drivers-penalty-fines-fraction-of-cost-of-insurance/
engaging a solicitor might help resulting in a fine towards the lower end of the scale rather than the upper end. Not wanting to be alarmist but this could be :

A fine of up to €5,000
5 penalty points and
At the discretion of the court, a term of imprisonment not exceeding six months.

The court may decide that you be disqualified from driving instead of incurring penalty points. In that case, you will be disqualified for 2 years or more for a first offence and 4 years or more in the case of a second offence committed within 3 years of the first.

With a first offence, especially if a licence, valid at the time he was stopped, can now be shown and valid current insurance should help. At least the no licence should be dropped.

How severely not having valid insurance on the day will be treated can depend to some extent on the judge. It is a serious offence and some penalty is to be expected. A solicitor who is familiar with the particular court / judge might be a good investment in helping arrive at a lower penalty.

Any conviction or pending prosecution, if he is now on your policy, may have to be disclosed to your insurer and thus may then affect your insurance premium. This is something which again might feed into deciding if the cost of a solicitor might be a good investment.

mickdw

Was the car insured at all?

n!ghtmancometh

If theres a record of license being reported lost and the guard is satisfied that your partner had a valid license at the time he was stopped then that summons might be struck out. The no insurance would be at least a fine and points, but might not be a disqualification if a first offence. Depends on judge really.

You might be able to get legal aid if you pass a means test, ie are on a low wage or social welfare. Worth trying anyway, as always better having someone to do the talking in court for you.

Samuel T. Cogley

Can I just point out there's about as much chance of a prison sentance as winning the lotto, so don't be fretting on that score.

FishOnABike

Samuel T. Cogley wrote: »

Can I just point out there's about as much chance of a prison sentance as winning the lotto, so don't be fretting on that score.

Agreed. Someone would have to have been caught repeatedly driving without insurance for that to be a prospect. A good solicitor might be able to minimise the penalty e.g. lower fine, longer time to pay the fine, avoid disqualification etc., make a case for special circumstances (if any).

Needadvice2017

mickdw wrote: »

Was the car insured at all?

Yes its my car i was working that day and leave the car at home as theree verh limited parking ..which i kept fully insured taxed and nct'd at all times as ..

galwaytt

Needadvice2017 wrote: »

My partner has been summons for nin display of insurance and license .
..

sorry, you say non-display of insurance, as distinct from 'no insurance': huge difference.

The former is a lesser matter, the latter is the biggie.

Which is it ?

Isambard

galwaytt wrote: »

sorry, you say non-display of insurance, as distinct from 'no insurance': huge difference.

The former is a lesser matter, the latter is the biggie.

Which is it ?

I suspect the OP means non-production rather than non-display?

Henry Ford III

Non display - a minor offence.

Non production - more serious but still not a biggie.

No insurance - Not good at all.

JohnCleary

Just to get this right...
He drove your car, which you have a policy on, right?
He doesn't have his own insurance, right?

Is there *any* chance that your policy has open-drive, allowing anyone over 25 with a full licence to drive your car? I highly doubt it, as it incurs a premium, so you'd know.

Just thought it was worth mentioning.

BTW, as a person who is often sitting in court when these cases come up, the fact that you since added him to your policy will make little difference. Infact, if anything, this screams of "I'll chance my arm, but if I get caught, i'll then get insured" - too little, too late unfortunately. If he was in an accident on the 1st of Jan that involved a claim, obtaining insurance on the 2nd Jan won't cover you for the accident, simple as.