In court for failure to produce licence/insurance

Jay2313

I received a summons a little over 2 months ago for forgetting to produce my permit and insurance as it just slipped my mind. Received 2 sheets saying failure to produce and driving with no insurance .

I do have insurance and have my permit and all documents here. Will I be fined in court for this ? Iv also never been in court. How does it work? Do I need to find the Garda on the day who is bringing me forward for this ? Little nervous , any help appreciated. (Sorry if posted in wrong forum)

turbostan

Jay2313 wrote: »

I received a summons a little over 2 months ago for forgetting to produce my permit and insurance as it just slipped my mind. Received 2 sheets saying failure to produce and driving with no insurance .

I do have insurance and have my permit and all documents here. Will I be fined in court for this ? Iv also never been in court. How does it work? Do I need to find the Garda on the day who is bringing me forward for this ? Little nervous , any help appreciated. (Sorry if posted in wrong forum)

Try to get in touch with the Garda who stopped you, and politely explain your case (with documentation).
He can strike that off without you having to attend court at all if your meeting with him goes well.
This is a common occurrence, and is often just caused by an oversight in the station _ ie. Someone forgets to write it in the book etc..

koutoubia

He says he was asked to produce and forgot.
OP as stated try and get hold of the Garda that stopped you and show him your docs.
Chances are it will be struck out but you will probably still have to appear in court and show your documents. You may receive a small fine for your ' forgetfulness' but no more.

Auguste Comte

Turn up in court and bring your permit and insurance cert with you. When your called hand in your docs to be checked by the Garda. Driving without ins and permit will be struck out if all is in order and you will get a small fine for failing to produce.

Switch off your phone and enjoy the show until its your turn.

PS. dont forget to pay the fine.

Cee-Jay-Cee

Auguste Comte wrote: »

Turn up in court and bring your permit and insurance cert with you. When your called hand in your docs to be checked by the Garda. Driving without ins and permit will be struck out if all is in order and you will get a small fine for failing to produce.

Switch off your phone and enjoy the show until its your turn.

PS. dont forget to pay the fine.

Don't wait until the court date, go to the garda station and speak with the garda now and show your documents. If you leave it until the court date you will then have to explain why you wasted the courts time by not seeking the garda before hand and explaining to him what happened.

Do it now.

cml387

Permit or licence? It get's a bit more complicated if you were driving unaccompanied on a learner permit.

Cee-Jay-Cee

cml387 wrote: »

Permit or licence? It get's a bit more complicated if you were driving unaccompanied on a learner permit.

No it doesn't, the summonses are for no insurance and failing to produce insurance.

R.O.R

Cee-Jay-Cee wrote: »

No it doesn't, the summonses are for no insurance and failing to produce insurance.

But the OP says....

Jay2313 wrote: »

I received a summons a little over 2 months ago for forgetting to produce my permit and insurance

martingriff

Cee-Jay-Cee wrote: »

No it doesn't, the summonses are for no insurance and failing to produce insurance.

Were they in date at time if the offence

Del2005

Cee-Jay-Cee wrote: »

Don't wait until the court date, go to the garda station and speak with the garda now and show your documents. If you leave it until the court date you will then have to explain why you wasted the courts time by not seeking the garda before hand and explaining to him what happened.

Do it now.

You will not get done for wasting the courts time and even if you talk to the Garda before you still have to turn up to court, it is not easy for a Garda to cancel a summons or they could just forget. The OP will then get hit with the full penalty in their absence, since judges dislike people who don't respect them, and they may get away with the driving unaccompanied if they turn up.

Henry Ford III

This smells somewhat

antodeco

Henry Ford III wrote: »

This smells somewhat

Maybe so, but I think it would make a good sticky as it's quite a regular question posed!

Auguste Comte

Del2005 wrote: »

Cee-Jay-Cee wrote: »

Don't wait until the court date, go to the garda station and speak with the garda now and show your documents. If you leave it until the court date you will then have to explain why you wasted the courts time by not seeking the garda before hand and explaining to him what happened.

Do it now.

You will not get done for wasting the courts time and even if you talk to the Garda before you still have to turn up to court, it is not easy for a Garda to cancel a summons or they could just forget. The OP will then get hit with the full penalty in their absence, since judges dislike people who don't respect them, and they may get away with the driving unaccompanied if they turn up.

^^^

This. The summonses have been issued and served, not much a Garda can do now.

Unaccompanied driving wasn't mentioned in op so I assume its not an issue.

Del2005

Auguste Comte wrote: »

^^^

This. The summonses have been issued and served, not much a Garda can do now.

Unaccompanied driving wasn't mentioned in op so I assume its not an issue.

Clancy's law is on our books. Driving unaccompanied means no insurance, which is what the OP has been summonsed for. Just because the company has to pay 3rd party claims doesn't mean that they can't void the policy when they find out that the person was driving outside the terms of their permit/licence.

Auguste Comte

Just going by the op I'm assuming that they were appropriately accompanied but didn't produce their docs.

Where is the driving unaccompanied coming from?

punisher5112

Auguste Comte wrote: »

Just going by the op I'm assuming that they were appropriately accompanied but didn't produce their docs.

Where is the driving unaccompanied coming from?

Because that's usually what happens in these cases.

Permit refers to learner permit.

So it's an honest question asked by others and they are correct the person can be done for such an offence.

RustyNut

I'm lost here, was the op driving unaccompanied or not ?

Auguste Comte

punisher5112 wrote: »

Auguste Comte wrote: »

Just going by the op I'm assuming that they were appropriately accompanied but didn't produce their docs.

Where is the driving unaccompanied coming from?

Because that's usually what happens in these cases.

That people make all sorts of assumptions based on nothing at all?

cml387

I started it because the word "permit" was used in the OP. I have a licence, which is not the same as a permit.

It might help if the OP came back, but of course they have no obligation to do so

turbostan

koutoubia wrote: »

He says he was asked to produce and forgot.
OP as stated try and get hold of the Garda that stopped you and show him your docs.
Chances are it will be struck out but you will probably still have to appear in court and show your documents. You may receive a small fine for your ' forgetfulness' but no more.

Yeah, I get that, and that's what I replied to.
I only mentioned as an example that the mistake can also be on the member's side sometimes as it can sometimes happen that the documents are produced but not correctly noted on file..
As I said, the Guard can stand up in court as the case is called, and say that "all is OK and please dismiss this case"
That's providing your initial meeting goes well.

Sheepdish1

As far as I know once summons has been issue the Garda can’t stop it but you could explain the situation politely to the Garda and he could just strike it off in the court.

This happens quite a lot. You should be ok and may not even get a fine.

I know of people getting summoned for forgetting to pay motor fines and the Garda strike it off in court. You’ll have to wait for your name to be called and you’ll be lugged in with other people

4ensic15

The courts expect people to show documents to the garda well before court so that court time is not wasted with the garda looking at documents for the first time in the witness box. the guard should be sought out and shown the documents. It is wise to attend court even if the guard says he will strike out the summons. Things sometimes go wrong and the driver is convicted in his absence.
As for the clancy amendment, under EU law there is always insurance cover for third parties.

BnB

Del2005 wrote: »

You will not get done for wasting the courts time and even if you talk to the Garda before you still have to turn up to court, it is not easy for a Garda to cancel a summons or they could just forget. The OP will then get hit with the full penalty in their absence, since judges dislike people who don't respect them, and they may get away with the driving unaccompanied if they turn up.

RE you still having to show up in court... that is NOT true.

I am a disorganized hoor who was always swapping and changing cars. I would usually have everything above board RE Tax & Insurance & Licence but almost always had one or two left in another car or something.

Anyway, long and short of it is, I got caught like this 4 or 5 times over the last 10 years I'd say.

It is very simple (and nothing to worry about)

1) Contact the Garda in question. Tell him you just forgot to hand them in and he will ask you to drop them into him. (The last time it happened to me, I actually got to e-mail them in which was handy)

2) Once they have them, they will confirm that all is in order. Just to be 100% clear, ask them then do you need to show up in court and they will confirm that you don't. End of story - No fine - No nothing


I have been to the court for a day a once or twice and you will see loads of these cases come in:

Court Clerk : "Case: 78 - Bob Hope - Failure to produce"

Garda : (Stands up) "Documents Produced"

Judge: "Struck out" (or something similar - can't remember the proper term)

Court Clerk : "Case: 79........" etc

Takes about 3.2 seconds


The court on the day could have 200+ cases to go through. If you have produced & the Garda is happy, then end of story. They have way too many difficult twats and chancers to deal with to waste time on someone who just failed to produce....


Now.... if you don't talk to the Garda in advance AND you don't show up on the day.... then that will p1ss the Judge right off. Not sure what it is like in the rest of the country, but in Clare at the minute, if you do that the Judge gives you an automatic driving ban.

redcup342

Del2005 wrote: »

Clancy's law is on our books. Driving unaccompanied means no insurance, which is what the OP has been summonsed for. Just because the company has to pay 3rd party claims doesn't mean that they can't void the policy when they find out that the person was driving outside the terms of their permit/licence.

Bollocks.

They'll Issue a summons for failing to produce license/insurance and also no license/Insurance (since failing to produce may also mean you just don't have either)

GM228

Del2005 wrote: »

Clancy's law is on our books.

The so called "Clancy Amendment" is not in force yet.

Del2005 wrote: »

Driving unaccompanied means no insurance,which is what the OP has been summonsed for

This is not correct.

Del2005 wrote: »

Just because the company has to pay 3rd party claims doesn't mean that they can't void the policy when they find out that the person was driving outside the terms of their permit/licence.

Well that very much depends on the terms of the insurance contract, many policies do not have a condition stating that the driver must be complying with the terms of a learner permit.

4ensic15 wrote: »

The courts expect people to show documents to the garda well before court so that court time is not wasted with the garda looking at documents for the first time in the witness box. the guard should be sought out and shown the documents. It is wise to attend court even if the guard says he will strike out the summons. Things sometimes go wrong and the driver is convicted in his absence.
As for the clancy amendment, under EU law there is always insurance cover for third parties.

+1.

As regards the Clancy Amendment it's worth noting that once commenced it has absolutely nothing to do with insurance in terms of making it voidable, it simply creates offences applicable to the vehicle owner.

BnB

Jesus H Kerrrist

Don't be such a bloody shower of Drama Queens and read the OP's post

The lad was not unaccompanied. He has insurance.... all good

He just needs to produce, have a chat with the Garda and all will be good

Sheepdish1

BnB wrote: »

Jesus H Kerrrist

Don't be such a bloody shower of Drama Queens and read the OP's post

The lad was not unaccompanied. He has insurance.... all good

He just needs to produce, have a chat with the Garda and all will be good

I agree here. I would like to think the Garda would be reasonable enough. I would go to station have a chat with him, apologise for not producing it, I'm sure he/she will be understanding if it is just a case that you forgot to produce it and you were pulled at a checkpoint. I'm sure many people don't have their license/ permit on them and it can easily be forgotten to produce in the 10 days.