Fixed Penalty Notice and Disqualification.

CiniO

A friend of mine was unfortunate enough to be in situation where he received a fixed penalty notice for drink driving. His blood alcohol level was above the limit, but not high enough to warrant mandatory court appearance - therefore just a fixed penalty notice.

Question is more technical though - he now had 28 days to pay the fine. On the notice it says that following:

"If you pay during the said period of 28 days, beginning on the date of this notice, in accordance with this notice the correct amount of the fixed charge, you will be disqualified for holding a driving licence for a period of 6 months".

So when does he exactly becomes disqualified? On the day he pays the fine, or maybe it only gets processed then and he gets another notice informing him he became disqualified from certain date in the future? Is he obliged to hand over his driving licence and if so when and where?

He rang his local garda station, but they weren't sure about the procedure. They advised that he probably shouldn't be driving already, but they weren't sure.

Does anyone have any experience and knows how the procedure looks like, as from above Fixed Penalty Notice it's not really clear.

I never had similar situation or known anyone who did, so I don't really know how it work to be able to advise him.

GNWoodd

Once he pays the fine he is basically accepting his punishment and indicates that he does not intend mounting a challenge through the courts . He will then get another letter indicating the period of disqualification and requesting surrender of his licence .

As a matter of interest did he provide a breath sample to the evidenzer ? . Disqualification based on blood or urine analysis is getting rarer. Might be worth it to talk to solicitor .

Larbre34

These marginals should always be contested. No sense losing the licence unnecessarily. The prosecuting Garda will probably not be available for Court anyway.

"They advised he probably shouldn't be driving already, but weren't sure"

I mean if that's the sort of useless thicks that are trying to pin him, why would you give them an even break?

The DQ only takes effect on the day the fine is paid, as it is the legal acceptance of the sanction. If the penalty is to be contested, any DQ will only take effect on decision of the Court following a hearing of the matter. I mean Jesus wept on the local Guards not knowing that. In fact, their only answer should have been 'get legal advice'.

OK..... so he pays the fine & then gets a notice of disqualification........ the notice will CLEARLY STATE the start & expirary date of the ban. In effect, the ban doesn't commence until payment received & processed.. it's NOT the actual day the fine is paid. Expect a hefty rise in insurance premium once the DQ is expired

walterking

The courts are so full at present that some tickets are not even proceeding to court as the time has lapsed.

If he has any doubt to the correct process being completed or any doubt on the accuracy (waiting time) or if it was really borderline, write in saying that you disagree and you will be challenging the procedure by the Garda.

That can go in your favour if it gets to court. It can also mean that they don't proceed if they think there's merit in your query

Larbre34

But put that through a Solicitor, don't challenge it on his own.

Yes, the Solicitor will cost a few quid, but far cheaper than the fine, conviction and six months on the bus.

arsebiscuits82

deleted

mikeecho

If the ticket has been paid, then the matter won't go before a court

A letter will be sent out by the RSA, informing the driver of the date the points will be applied, and the date that the driving ban will come into effect .

It could take a few weeks or months

CiniO

Thanks everyone for your replies

As a matter of interest did he provide a breath sample to the evidenzer ? . Disqualification based on blood or urine analysis is getting rarer. Might be worth it to talk to solicitor .

Yes - it was breath sample.

These marginals should always be contested. No sense losing the licence unnecessarily. 

If he has any doubt to the correct process being completed or any doubt on the accuracy (waiting time) or if it was really borderline, write in saying that you disagree and you will be challenging the procedure by the Garda.

I don't really think it was that borderline. It's the higher penalty of 6 months ban. Too low for mandatory court appearance, but higher than the limit for sure, and at higher range of fixed penalty notice as if it was lower it would be only 3 months ban.

A letter will be sent out by the RSA, informing the driver of the date the points will be applied, and the date that the driving ban will come into effect .

I assume that letter also request licence to be surrendered.

It could take a few weeks or months

That seems very long. Does that mean that he can drive normally until then ?

mikeecho

Yes he can drive until notification of the points & ban is sent to him.

On a side note... Make sure the licence is kept in date. 8f the licence expires, the clock stops on the ban.

It's a ban on driving if you don't have an up to date licence, you can't drive.

Many people have been caught out when their licence expired before the end of the ban, they ended up spending additional unnecessary time off the road.

Edit: just to clarify my last bit.

An example would be a driver who never held a driving licence, ended up in court and received a driving ban, that ban only starts when they apply for their learners permit... Even if that is years after the court date..

Hope that makes sense

benny79

Sorry to hijack thread but what happens if you dont surrender your licence? But obviously dont drive while your banned.

BaronVon

https://www.boards.ie/discussion/comment/119463829#Comment_119463829

It's a seperate offence not to surrender your licence, but I've never heard of anyone being prosecued for it....

benny79

cheers Ive accumulated 12 pts well I have 9 and got stopped on the phone today.. so thats me banned for 6 months I expect.. Just dont want to give my licence.

benny79

I wonder do many people get 12 pts? I got 6 pts in the space of a month by the gatso Van's.. on a road that used to be 100 kmh but was changed to 80 kmh I argued this with the council as it's a primary road. They opened a new ring road and want you to use that which is 5 km longer.. I've a long commute to work and going the ring roads adds €20 to my fuel bill a week!. So on 6 points I drove very careful from then on always conscious of my speed was at the lights in a dodgy enough area last year my phone beeped and I picked it up for a split second & had a quick look didn't open it or anything and guards flew across road, 4 of them in a car and done me for been on the phone! I tried to explain but they were having none of it.. car was stationary, probably should of gone to court but not worth the risk. Today went out in company van to do a urgent delivery and my boss rang and I stupidly answered! I have a car kit in my own car and never taught to bring it with me! I've been on 9 pts the last 2 years nearly and it has been exhausting driving! I pass a gatso van nearly everyday either on way in or home always moves around... although been banned is a tough pill to swallow, least I'll have no penalty points after 6 months. Never had any before and been driving over 20 years.

ofcork

https://www.boards.ie/discussion/comment/119454162#Comment_119454162

Got caught by a gosafe on 5 dec 2020 got letter from rsa on 14 dec telling me points applied from 11 jan 2021.

mgbgt1978

https://www.boards.ie/discussion/comment/119466564#Comment_119466564

An extra 50km a week adds €20 to your Fuel Bill. Your Car only does 15.6 mpg !!!!

BaronVon

https://www.boards.ie/discussion/comment/119466564#Comment_119466564

In June, 963 drivers had accumulated 12 points on their licence. It peaks at 3 points, and takes another bounce at 6 points.

https://www.rsa.ie/docs/default-source/road-safety/r2---statistics/penalty-points/penalty-point-analysis_stat_files-june-monthly-reports.pdf?sfvrsn=87b25d07_7

GNWoodd

https://www.boards.ie/discussion/comment/119456652#Comment_119456652

Is he being disqualified on the basis of a breath sample or a blood sample ? You say breath here but your opening post says blood . There have been instances of where both were used and results were contradictory.

CiniO

https://www.boards.ie/discussion/comment/119480909#Comment_119480909

Sorry, in opening post I used a phrase "blood alcohol level above the limit" as general phrase to say that he was over the limit. I didn't know then if he was breathalyzed or was it blood test. I only asked later

AndrewJRenko

https://www.boards.ie/discussion/comment/119464325#Comment_119464325

Did you not think of not using the phone at the wheel, knowing that you had nine points?