Driving without a licence

Jayem · 03-05-2012 05:32PM

Caught (deservedly so) yeasterday without car insurance, no tax, no NCT. Have driver's licence.

Insurance was out by a month (March 2012), Tax out by a year, NCT by two years. First offence.

Any advice in what to do now? Will I, as suggested above, be fined E2500, and prison of 6 months for Insurance fault?

Would proceed with re-newing all of the above, but scared of what my chances are in recovering from this ordeal...stupid as it was.

Sorry to those who hate me for doing all of the above, but live alone, unemployed, no life, financial strain got to me.

Would I be better off not insuring, not taxing, not NCT-ing?

I wold dearly appreciate your help...scared right now, embarrased, too.

Many thanks
Professional writer.

Procrastastudy · 03-05-2012 05:44PM

Get an appointment made at a FLAC centre if you can't afford a solicitor and start looking into Legal Aid - you need to get some legal advice. I really can't see you getting the jail if it's your first offence but then being a first year law student I know dangerously less than nothing. I reckon a big fine [SNIPPED]

gustafo · 03-05-2012 06:36PM

Jayem wrote: »

Caught (deservedly so) yeasterday without car insurance, no tax, no NCT. Have driver's licence.

Insurance was out by a month (March 2012), Tax out by a year, NCT by two years. First offence.

Any advice in what to do now? Will I, as suggested above, be fined E2500, and prison of 6 months for Insurance fault?

Would proceed with re-newing all of the above, but scared of what my chances are in recovering from this ordeal...stupid as it was.

Sorry to those who hate me for doing all of the above, but live alone, unemployed, no life, financial strain got to me.

Would I be better off not insuring, not taxing, not NCT-ing?

I wold dearly appreciate your help...scared right now, embarrased, too.

Many thanks
Professional writer.

prob a year banned and a big fine but it will be up to the judge, go see a solicitor, you won't get prison for 1st offence.

Jayem · 03-05-2012 10:06PM

Many thanks, GCDLawSutdent and Gustafo.

The thought of going to court, the thought of being possibly banned, and then a fine, which, most likely, I won't be able to pay...aargh.

Would being seen as applying NOW for the tax, HCT and insurance, be of help to my eventual, future appearance in court/before judge?

Have never been in trouble with the law, was paying tax/insurance/NCT for nine years, so this is all new to me - I'm really lost in this whole 'what-to-do'.

Thanks again for your advice...so much appreciated to have someone reply.

Procrastastudy · 03-05-2012 10:15PM

If you are relying on the fact that you have no money I would see your sudden ability to afford getting your house in order as dubious. Others may very well have a different view. Take that on board as I am coming from my own personal view, rather than one of having seen these cases go though the courts.

I personally think save some money to get the fine paid and take the bus!

All that said you really need to speak to someone qualified to advise you. The remarks here are always in the hypothetical and personal opinion unless someone puts in a case or has some experience of the actual area of Law. Even if someone has had experience it will depend heavily on what Judge you end up in front of and whether he/she has had their Weatabix that morning.

Milk & Honey · 03-05-2012 10:34PM

Jayem wrote: »

Many thanks, GCDLawSutdent and Gustafo.

The thought of going to court, the thought of being possibly banned, and then a fine, which, most likely, I won't be able to pay...aargh.

Would being seen as applying NOW for the tax, HCT and insurance, be of help to my eventual, future appearance in court/before judge?

Have never been in trouble with the law, was paying tax/insurance/NCT for nine years, so this is all new to me - I'm really lost in this whole 'what-to-do'.

Thanks again for your advice...so much appreciated to have someone reply.

Did your insurance company notify you by registered post that they were withdrawing cover?

Tom Young · 03-05-2012 10:37PM

GCDLawstudent wrote: »

If you are relying on the fact that you have no money I would see your sudden ability to afford getting your house in order as dubious. Others may very well have a different view. Take that on board as I am coming from my own personal view, rather than one of having seen these cases go though the courts.

I personally think save some money to get the fine paid and take the bus!

All that said you really need to speak to someone qualified to advise you. The remarks here are always in the hypothetical and personal opinion unless someone puts in a case or has some experience of the actual area of Law. Even if someone has had experience it will depend heavily on what Judge you end up in front of and whether he/she has had their Weatabix that morning.

In my experience, there are no DJs who treat driving without insurance lightly. Never mind the other infringements.

I'd be expecting the worst. Anything less than that is a bonus.

Jayem · 03-05-2012 11:10PM

@GCDLawStudent

I would see your sudden ability to afford getting your house in order as dubious.

Apologies, I'm guessing that if between all three needs (Tax,Ins,NCT) would amounted to, say, E600.0, then I could pay that. With no else monies, then, in my account, I would have to go down the Visa route, for the enventual fine..that is, if I could pay it in parts to the judge.

@Milk & Honey

Did your insurance company notify you by registered post that they were withdrawing cover?

Yes, in March. I just didn't have the money then to pay, as other affairs were kicking in (that's my problem, just when I try to get the funds for one thing, others pile up and need solving). Yes, you might say, "we are all in that situation", but it still doesn't take away from MY current woes (or anyone else's whomever develop similar circumstances).

@Tom Young
Thanks, for your honest reply.

The Bus? Yes, would I simply be better off not going down the 'getting the Tax, Ins, and NCT route, and just pack the car in, sell, pay off fine. I live in the countryside..miles from anywhere, renting. Bus an issue,then.

Thanks again.

Procrastastudy · 03-05-2012 11:13PM

Jayem wrote: »

for the enventual fine..that is, if I could pay it in parts to the judge.

That is a totally different thread in itself - suffice it to say you can't pay by instalments.

Milk & Honey · 03-05-2012 11:21PM

Tom Young wrote: »

In my experience, there are no DJs who treat driving without insurance lightly. .

There is at least one. I have seen him treat offenders very leniently.

Jayem · 04-05-2012 12:48AM

I think I'm getting to know the Judge(s)...where I can't rely on one being nice (fair) on one day, another being not-nice (fair, again) on the next.

You've certainly clarified my decision, which is, get NCT done, forget about the Tax and Ins., and sell car.

Unforseen circumstances and events had forced me into cheating (never comfortable there), so I think it best to resolve the issue by going the above route.

Some dignity regained - perhaps, a little? Life changes ahead...sigh.

Thank you all once again - you truly are a wonderful resource of knowledge, and a friendly bunch, I guess, too

broken1 · 04-05-2012 12:57AM

Ok, I am an idiot. My 3rd provisional lapsed just over 2 years ago and I was stopped today and given 10 days to produce. Everything else about the car was sound...N.C.T, insured (well paid but not sure if valid without licence) etc...

I am going to go about getting another provisional in the morning and I have applied for the driving test. 2 Questions

1) How long am I likely to have to wait for the new provisional?

2a) If it is within 10 days (doubtful) what kind of charges am I exposed to if I produce the new provisional within 10 days?
2b) If I don't get the new provisional in time what kind of charges/fines can I expect for failing to produce and driving without a licence?

Thanks in advance

Procrastastudy · 04-05-2012 01:30AM

New provisional at Smithfield - if you dont count the time you have to wait from the time you press for a number and that number is called - about 5 minutes.

Will the Garda check to see if your licence was valid on the day you where stopped? Depends on the Garda.

broken1 · 04-05-2012 01:35AM

GCDLawstudent wrote: »

New provisional at Smithfield - if you dont count the time you have to wait from the time you press for a number and that number is called - about 5 minutes.

Will the Garda check to see if your licence was valid on the day you where stopped? Depends on the Garda.

Thanks for the reply, it is kind of what I am hoping will happen (i.e the Garda where I produce will not reference the date) If, however, the Garda on duty twigs that I didn't have a current licence on the date I was stopped what kind of charges/fine am I looking at?

coylemj · 04-05-2012 01:40AM

GCDLawstudent wrote: »

Will the Garda check to see if your licence was valid on the day you where stopped? Depends on the Garda.

There's no 'depends on the Garda', he won't be able to produce a licence which was valid on the day he was stopped by the Garda, that's all there is to it.

He may chose to produce a licence which starts a few days after he was stopped which for legal purposes is the same as not producing a licence at all because what's at issue is whether he had a licence to drive on the day he was stopped.

coylemj · 04-05-2012 01:42AM

broken1 wrote: »

Ok, I am an idiot. My 3rd provisional lapsed just over 2 years ago and I was stopped today and given 10 days to produce. Everything else about the car was sound...N.C.T, insured (well paid but not sure if valid without licence) etc...

Your insurance is not affected by not having a current licence. As long as you were not disqualified, the insurance is ok.

broken1 · 04-05-2012 01:44AM

coylemj wrote: »

There's no 'depends on the Garda', he won't be able to produce a licence which was valid on the day he was stopped by the Garda, that's all there is to it.

He may chose to produce a licence which starts a few days after he was stopped which for legal purposes is the same as not producing a licence at all because what's at issue is whether he had a licence to drive on the day he was stopped.

I was afraid that this might be the case. I guess I have no one to blame but myself

What kind of charges/fine am I likely to be liable for?

coylemj wrote: »

Your insurance is not affected by not having a current licence. As long as you were not disqualified, the insurance is ok.

If that is the case then that is a major relief!

coylemj · 04-05-2012 01:51AM

broken1 wrote: »

I was afraid that this might be the case. I guess I have no one to blame but myself What kind of charges/fine am I likely to be liable for?

If that is the case then that is a major relief!

The licence by itself is way more minor than having no insurance. You'll get some class of a fine but if I was you I'd get the new licence sorted ASAP and produce it and the insurance cert. in whatever station you named, the Garda may decide not to prosecute. They sometimes overlook licence alone if the insurance and NCT and tax disc are in order.

Procrastastudy · 04-05-2012 01:54AM

coylemj wrote: »

There's no 'depends on the Garda', he won't be able to produce a licence which was valid on the day he was stopped by the Garda, that's all there is to it.

He may chose to produce a licence which starts a few days after he was stopped which for legal purposes is the same as not producing a licence at all because what's at issue is whether he had a licence to drive on the day he was stopped.

I'm talking about wheter the Garda will look at the document and go "grand so" or whether he'll check the dates. I'm not suggesting the poster can go back in time - unless he ownes a delorean.

coylemj · 04-05-2012 01:58AM

GCDLawstudent wrote: »

I'm talking about wheter the Garda will look at the document and go "grand so" or whether he'll check the dates.

That's how it works on the side of the road, not when you produce in the station. If he produces a driving licence and/or insurance in the station, the start and end dates of the driving licence and insurance cert. will be recorded. You don't commit to producing the documents to the original Garda, you commit to producing them at a Garda station named by you so it's highly unlikely that he will produce them to the Garda who stopped him.

broken1 · 04-05-2012 01:58AM

coylemj wrote: »

The licence by itself is way more minor than having no insurance. You'll get some class of a fine but if I was you I'd get the new licence sorted ASAP and produce it and the insurance cert. in whatever station you named, the Garda may decide not to prosecute. They sometimes overlook licence alone if the insurance and NCT and tax disc are in order.

I am definitely getting a licence, I was stupid to leave it go so long without renewing but, truth be told, I can count on one hand the amount of times I have driven in the last couple of years. The missus has been using the car for the most part. I know this makes no difference in the eyes of the law though. I guess I will just have to hope for the best on the day....

GCDLawstudent wrote: »

I'm not suggesting the poster can go back in time - unless he ownes a delorean.

Ha! I wish!...I would take myself back to the start of the "Celtic Tiger" and stuff a mattress with my savings! Thanks for the replies both of you.

Procrastastudy · 04-05-2012 02:05AM

Given Coylemj's advice I don't know if I'd try and pull the wool over when you produce - might not go down too well. Hopefully Coyle or someone might give you a steer on that one.

May be something along the lines of "I really thought I had a licence, I'm a muppet, but look I went and got one!"?

broken1 · 04-05-2012 02:11AM

GCDLawstudent wrote: »

Given Coylemj's advice I don't know if I'd try and pull the wool over when you produce - might not go down too well. Hopefully Coyle or someone might give you a steer on that one.

May be something along the lines of "I really thought I had a licence, I'm a muppet, but look I went and got one!"?

Yes, I reckon I will be better off coming clean tomorrow when I go to produce. I'll just have to rely on the good grace of the Garda. If it is a fine, so be it

I learned a lesson I shouldn't have needed taught to me either way. I'm just glad that it does seem to be a minor offence etc...

coylemj · 04-05-2012 02:12AM

He can't really do much, I'd just produce the new licence in the station he named and see what happens. For the benfit of the original Garda, they normally ask you when you were stopped, at that stage you might get some grief from the Garda in your local station but you'll just have to tough it out, admit that the licence was expired on the day and ask him politely to note the details of the new licence and leave it at that.

BTW, you're not pulling the wool over anyone's eyes by producing a licence that doesn't cover the date you were stopped. It will be obvious to the original Garda that you had no valid licence so it's up to him whether to prosecute you or not.

broken1 · 04-05-2012 02:15AM

coylemj wrote: »

He can't really do much, I'd just produce the new licence in the station he named and see what happens.

Hmm....perhaps I will say nothing unless I'm asked and then come clean if needs be...I'll play it by ear

Thanks again for the replies lads. Off for a restless night of sleep for me and perhaps some humble pie for breakfast

Jayem · 04-05-2012 12:08PM

Re: No insurance, no Tax, no NCT problem....again.

(1) Forgot to ask: how long after conviction do I eventually end up before a Judge?

(2) Given I can't pay the fine at time of judgement, and prison is out (I'm assuming this from postings above, as it's a first offence), does the year's ban from driving = the fine? And is that it; i.e. is the fine gone entirely, or still hanging over me (would confiscation of car be included)?

Thanks, again

ResearchWill · 04-05-2012 12:12PM

Jayem wrote: »

Re: No insurance, no Tax, no NCT problem....again.

(1) Forgot to ask: how long after conviction do I eventually end up before a Judge?

(2) Given I can't pay the fine at time of judgement, and prison is out (I'm assuming this from postings above, as it's a first offence), does the year's ban from driving = the fine? And is that it; i.e. is the fine gone entirely, or still hanging over me (would confiscation of car be included)?

Thanks, again

A judge convicts you do to be convicted you must appear before a judge.

No the years ban does not equal a fine, the court may impose a fine and a ban, the fine will be assessed based on a persons means and then the court will say for example €500 3 months to pay and 7 days in default, if a person does not pay fine within 3 months then he may be arrested and jailed for upto 7 days.

Jayem · 04-05-2012 12:51PM

Thanks, ResearchWill

tomtom66 · 07-10-2014 06:13PM

Well im in the same problem at the moment. my Learner permit expired in june 2014 and i recently decided to get on the road again but i forgot to renew my license. so its going to take a week or two to get it back and i bought a car that away from my house and i need to get it back. i did ask for recovery to deliver it which will cost 80 euro. or i drive the car with no license and get caught with more serious problems. by the way the girlfriend wont let me get the recovery cause it will cost alot.

need help on this one guys

Little CuChulainn · 07-10-2014 06:15PM

tomtom66 wrote: »

girlfriend wont let me get the recovery cause it will cost alot.

Getting caught without a valid licence will cost a lot more, especially if you have no insurance to add to it.

Driving without a licence

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