summoned for uninsudred driving

marc. · 17-05-2010 1:55am #1

hello,
I was stopped in April and asked to produce an insurance, which I didn't have at the moment. I was on my way to get both insurance and tax, I explained that to the guard that stopped me. I got fined e60 for not having tax, and I assumed that was it. Last week I received a summons for not having insurance. I know it's serious, and won't argue over that. By the end of the very day I had both tax and insurance.
It was tough time for me (still is, my first baby and a lot of health related problems with him), and I don't have better excuse and don't want to lie - previous insurance ended in January, since then I changed cars.
Can you please advise me what would be the best approach to take in this situation?
And please, we are two people without jobs, with 4mth old baby that require special attention, so try not to be too hard on me.
What I would like to know is that is there any way not to get driving ban imposed, but rather just the fine?

MagicSean · 17-05-2010 1:58am

Yes. Get a solicitor. It'll be a big fine though.

ms. Liza · 17-05-2010 2:03am

yea a solicitor would be your best bet. maybe if you spoke to the superintendent in the garda station he might help you...

Shield · 17-05-2010 2:06am

marc. wrote: »

What I would like to know is that is there any way not to get driving ban imposed, but rather just the fine?

You need a solicitor.

challengemaster · 17-05-2010 3:26am

You do know it's possible to get insurance without leaving your house? Internet/phone? A baby is not an excuse for not having insurance. No excuse for it really. Get a solicitor but you deserve whatever you get.

Midnight_EG · 17-05-2010 3:31am

How about just turn up to court in your best suit, make sure you have a positive head on ye, then explain your situation to the Judge, including the fact that you had attained insurance that very day. You might get away with just a fine.

Berty · 17-05-2010 8:02am

What's that? You have a baby.

Stop the press. On you go without your tax and insurance. Seriously who would have thought a mother with a baby would need tax and insurance?

"Im on my way to get it Garda". Im surprised he didn't believe you. Its not as though he hears this every other day. :rolleyes:

I doubt you will get any pity in the courts. Get a good counsel and some vaseline.

amiable · 17-05-2010 8:10am

For something like this i don't know why you are posting it and not just getting a solicitor who can advice you correctly.
There's practically no excuse for driving with no insurance.
Sure if we all drove around with none and just told the gardai i'm just on the way to get it if stopped the country would be in a bigger mess than it already is.
Seems like you only want to hear good news and not bad news.

WIZE · 17-05-2010 8:20am

Bring all your Tax and insurance papers to a solicitor.

JCJCJC · 17-05-2010 8:21am

You haven't got great prospects - if the garda makes out the case properly, a driving ban for two years is looming for you, and you'll have a conviction on your record which will make insurance more expensive in the future because you'll be loaded. You could get the time off the road reduced on appeal maybe but that costs money that your circumstances suggest might not be available to you - maybe 1-2k for the appeal because you need a barrister in the Circuit Court.
Still, strange things do occasionally happen. Go and see a good solicitor who is doing road traffic work every day. Go along now to your local district court and watch them in action - see who is rising to all the garda prosecutions, and see who is going down well with your local judge and not regularly antagonising him/her. Everybody is human, even lawyers.
The only thing I can think of for you, barring a significant procedural error on the prosecution side, is to get a newly-qualified solicitor - there is a legal tradition that they are always allowed win their first case. It's an abuse, but if you can find one, go for it. Sometimes the garda isn't in court, if so, and you are, the case can be struck out.
When your case comes up in court, have your partner and baby in court and have them simply stand up when the case is called. Scurrilous tactics but it might work. I'm assuming you were caught in your own locale - the case will come up in whatever court area you were stopped.

Buy a pair of trainers, unfortunately you're probably going to be walking everywhere for a while :rolleyes:

MagicMarker · 17-05-2010 8:25am

Yep, get a solicitor and be all teary eyed on the day. You probably will be banned though, and rightly so tbh, it's hard to feel sorry for you.

Berty · 17-05-2010 8:45am

MYOB wrote: »

I don't see how you can claim there is any position in this case that thats suitable for. Driving without insurance is EXTREMELY stupid and EXTREMELY illegal.

Exactly. Well done "Most Haunted".

If the OP crash's into you, mangles your car and puts you in a wheelchair and says "Oh sorry, I was just on my way to buy Insurance but please go easy on me as Im unemployed and have a young child". You would have them arrested and charged.

No high horses here Im afraid!

Cookie_Monster · 17-05-2010 8:46am

May have had some sympathy if had no insurance for a day or so but 3 months, FFS that is just taking the piss regardless of any other factor.

CoDy1 · 17-05-2010 8:58am

So you were driving from Jan to April uninsured, but you were on your way to get it the day you were stopped. Good one. If you hadn't been stopped you would have kept on driving uninsured.

As Berty said, you need a solicitor and vaseline. Your circumstances don't play a part in this.

TheNog · 17-05-2010 9:02am

JCJCJC wrote: »

When your case comes up in court, have your partner and baby in court

Children are not allowed in court.

Minstrel27 · 17-05-2010 9:18am

Three months without insurance? Of course you were on your way to get them. I hope you are put off the road.

JCJCJC · 17-05-2010 9:26am

Folks, go easy. The OP only asked for advice. If he'she is an axe-murderer or a bad poitin maker, it doesn't matter - everyone is entitled to ask for advice, to be represented by a lawyer and to a presumption of innocence until proven guilty beyond reasonable doubt in a court of law. There are people walking freely about the streets who have done far greater wrongs to our society. Leave the judging to the judge. If you can't offer constructive advice you're not answering the question that was asked. If the OP wants opinion I'm sure he'she will ask for opinion.

OP - go find that solicitor and good luck with it.

JC

JCJCJC · 17-05-2010 9:37am

TheNog wrote: »

Children are not allowed in court.

Im sorry ? - I've been working in courts for over thirty years and I've seen children in court innumerable times, including babies-in-arms. Can you post a url to a statutory provision that says that, I would be very interested.

If you were bringing a personal injuries action on behalf of a child who for example suffered significant and disfiguring facial scarring due to the negligence of another party and you wanted damages on that ground, how would you propose showing the evidence to the court?

At law, a child is a person under 18 who is or has not been married as I understand it. Can none of those attend court even if only as a member of the general public in the gallery, in exercise of the constitutional provision that justice be done in public?

JC

WIZE · 17-05-2010 10:04am

The OP is looking for Advise on a situation that they are in . Most of you are no providing information to the OP . The OP understands what they did weas wrong and corrected it .They do not need to be reminded of it

Berty · 17-05-2010 10:08am

Most Haunted wrote: »

The OP is looking for Advise on a situation that they are in . Most of you are no providing information to the OP . The OP understands what they did weas wrong and corrected it .They do not need to be reminded of it

Most of us are not in a position to give legal advice to the OP.

Also I don't think the OP is aware of the ramifications of what they were doing driving without Insurance. Correcting the Insurance and tax issue when you get caught is not learning anything and juding by what they said last I doubt they even believe it themselves.

marc. wrote:

What I would like to know is that is there any way not to get driving ban imposed, but rather just the fine?

"Now Im caught Im looking to reduce the impact of my actions."

Good luck with that.

star.chaser · 17-05-2010 10:12am

marc. wrote: »

hello,
I was stopped in April and asked to produce an insurance, which I didn't have at the moment. I was on my way to get both insurance and tax, I explained that to the guard that stopped me. I got fined e60 for not having tax, and I assumed that was it. Last week I received a summons for not having insurance. I know it's serious, and won't argue over that. By the end of the very day I had both tax and insurance.
It was tough time for me (still is, my first baby and a lot of health related problems with him), and I don't have better excuse and don't want to lie - previous insurance ended in January, since then I changed cars.
Can you please advise me what would be the best approach to take in this situation?
And please, we are two people without jobs, with 4mth old baby that require special attention, so try not to be too hard on me.
What I would like to know is that is there any way not to get driving ban imposed, but rather just the fine?

Reminds me of the time i came to a Garda checkpoint at 12 midnight on the north strand with no tax, insurance, NCT or license. They didn't stop me but if they did i was gonna tell them i was actually on my way to get all four.

Barname · 17-05-2010 10:13am

en route to buy Insurance and Tax your car you were stopped?

Here is some advice; dont try that one on the Judge.

Vertakill · 17-05-2010 10:13am

While I completely agree with most people here who are saying the OP was just taking the mick by driving around uninsured and using the baby excuse (although I do feel sorry for your circumstances), people need to step back a bit here.

The OP knows they were stupid and probably knows deep down that none of us are going to believe that after 3 months the only time they were caught was the very day they were travelling in to get their insurance/tax.

So there's no need to go all high and mighty and start lecturing the OP. That's what the judge will do when he/she hands out their verdict in court.

They've been caught, they're going to court... the system is working for once. Relax.

WIZE · 17-05-2010 10:14am

Berty wrote: »

Most of us are not in a position to give legal advice to the OP.

Also I don't think the OP is aware of the ramifications of what they were doing driving without Insurance. Correcting the Insurance and tax issue when you get caught is not learning anything and juding by what they said last I doubt they even believe it themselves.

"Now Im caught Im looking to reduce the impact of my actions."

Good luck with that.

I agree the OP was stupid driving without T&I but they got caught and im happy .

But the only advise that can be given to the OP is go see your solicitor

If the op came on here saying ive been driving around with no T&I will I get Caught ? then hang him but thats not why they are here to get slaughtered before a court case

Lex Luthor · 17-05-2010 10:25am

I think if you missed your insurance by a few days you might have been ok but 3 months might make it very difficult to fight your case.

I misssed paying an €80 fine for speeding about 2yrs ago by a few days as I hadn't opened my post in a bit due to my mother dying and rang the office that submitted the fine to explain I would pay the 80 instead of the extra fee. It took a while to prove my case and had to get my mothers death cert to prove my story so what I'm saying is that I had to go through a lot of hoops to get off with a small extra fine, you might find it very difficult to get off on this one

SIX PACK · 17-05-2010 10:33am

marc. wrote: »

hello,
I was stopped in April and asked to produce an insurance, which I didn't have at the moment. I was on my way to get both insurance and tax, I explained that to the guard that stopped me. I got fined e60 for not having tax, and I assumed that was it. Last week I received a summons for not having insurance. I know it's serious, and won't argue over that. By the end of the very day I had both tax and insurance.
It was tough time for me (still is, my first baby and a lot of health related problems with him), and I don't have better excuse and don't want to lie - previous insurance ended in January, since then I changed cars.
Can you please advise me what would be the best approach to take in this situation?
And please, we are two people without jobs, with 4mth old baby that require special attention, so try not to be too hard on me.
What I would like to know is that is there any way not to get driving ban imposed, but rather just the fine?

If your Unemployed & go to court without a Solicitor the Judge will assign you free Legal Aid then the Case will be Adjourned, Thats usually the case unless you want to get your own Solicitor He/She will probably charge €250 each day in court because more Likely than not the case will be adjourned to gather more evidence-
thats my predictment anyway been in a similar situation before. Best of Luck

angelfire9 · 17-05-2010 10:42am

Can i just point out to the OP that car insurance can be paid by direct debit if you can't afford to pay out a lump sum at the start of the year
I too am unemployed but i pay my car & house insurance this way each month by DD from the account into which my child benefit payment is made
Effectively this means by CB pays for my car insurance & house insurance but seeing as 90% of my car usage relates to my daughter I don't feel bad about it at all

amiable · 17-05-2010 10:45am

angelfire9 wrote: »

Can i just point out to the OP that car insurance can be paid by direct debit if you can't afford to pay out a lump sum at the start of the year
I too am unemployed but i pay my car & house insurance this way each month by DD from the account into which my child benefit payment is made
Effectively this means by CB pays for my car insurance & house insurance but seeing as 90% of my car usage relates to my daughter I don't feel bad about it at all

Well you shouldn't cos if you didn't have the car you wouldn't be able to drive her around so you are dead right

Eoin · 17-05-2010 10:45am

OK, I've deleted the stupid high horse photo (and the posts quoting it).

It really doesn't add anything to these threads, so please stop posting crap like that.

Stark · 17-05-2010 10:46am

Most Haunted wrote: »

The OP is looking for Advise on a situation that they are in . Most of you are no providing information to the OP . The OP understands what they did weas wrong and corrected it .They do not need to be reminded of it

The only advice to give is "get a solicitor". After that, might as well relish that another member of the "Tax and insurance is something that only other people need to get" club has been caught. We pay enough in extra insurance costs to cover them after all.

swe_fi · 17-05-2010 10:56am

marc. wrote: »

hello,
I was stopped in April and asked to produce an insurance, which I didn't have at the moment. I was on my way to get both insurance and tax, I explained that to the guard that stopped me. I got fined e60 for not having tax, and I assumed that was it. Last week I received a summons for not having insurance. I know it's serious, and won't argue over that. By the end of the very day I had both tax and insurance.
It was tough time for me (still is, my first baby and a lot of health related problems with him), and I don't have better excuse and don't want to lie - previous insurance ended in January, since then I changed cars.
Can you please advise me what would be the best approach to take in this situation?
And please, we are two people without jobs, with 4mth old baby that require special attention, so try not to be too hard on me.
What I would like to know is that is there any way not to get driving ban imposed, but rather just the fine?

I was in the exact same situation a couple of months back (no insurance). I had no excuse for not having insurance, the cop who stopped me was an ok guy but "by the book" sort of guy if you follow me. If my experience is anything to go by, I went to court not knowing what to expect so I got sort of conned/hustled by a solicitor in the reception area in the court (cost €150). Turns out I would not have needed him. There was 5 cases on very similar to mine (no excuse, but got insurance the following day or 2). All got a €500 fine but no ban. The cop who stopped you will be in court and read a little story about how he stopped you most likely.

I would not have needed a solicitor I can say for sure. There was a polish guy on before me and he was EXACTLY the same case as me and he had no solicitor but a translator, received the exact same as me.

There was one girl who DID get a ban she had a translator and a really really really bad english solicitor who literally made every single error you can make, (He called the judge "Maam"!) it was entertaining to watch but pity for her. In fairness she made up some bs story so that + the useless solicitor got her a 12 month ban. Another thing was she never got insured after the incident. This was in Galway, Dublin may be different. I'm sure it varies from Judge to Judge as well.

As someone said above, don't make up some sob story (think they have heard it all), say as little as you can and act apologetic (as I'm sure you are). I would not say "I was on the way to get tax & insurance", even if it was true ;-)

I brought my license, the veichle reg cert, & my insurance cert, maybe bring tax reciept as well if you can. If you have time, call down to the court a day / week beforehand and listen to the proceedings. That would have helped me.

summoned for uninsudred driving

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