# Summons to court



## Popstar99 (3 Mar 2019)

Last June (2018), I was stopped by a garda and had my details taken as my tax was out of date. I also did not have my drivers license with me but I had an expired BE Learner Permit which I showed to the Garda as It had my Drivers number on it. I have held a full drivers licence since 1998. I paid the car tax the next morning and took it to the local GARDA station and they made a note.
In september, I got a fixed penalty notice for not having tax displayed in June - I paid this. I also got a fixed penalty notice for Driving Unaccompanied. I wrote to the relevant Garda section and explained that I had a full licence - this query was accepted and no further action required.  
In December, I have two court summons arrive. The first for driving without insurance and the second for failing to produce.
I was fully insured at the time and my insurance disc was displayed. I have all my insurance documents showing that I renew every April.  I visited the Garda station several times since December and tried numerous times to  meet the Garda - but I have had no response. I took my insurance documents to the station where the Garda is based and they made a note. My court date is next Wednesday.  
I should also add that the registration number on all the documents is incorrect, only by a letter but incorrect all the same.
my question is do I need to engage a solicitor for the court appearance or can i just go and explain to the judge that I had insurance displayed and also that I wasn’t asked to produce insurance. I would have produced it with my tax when I visited the station had I been asked.
I am trying to avoid the expense of having a solicitor on the day. 
Would be very grateful for any advice.
Thanks for reading


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## Brendan Burgess (3 Mar 2019)

As you are not arguing any point of law, I don't see the need for a solicitor.

The judge will be practical and will dismiss the case. 

Brendan


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## Folsom (3 Mar 2019)

I would agree, except for one thing - the charge is driving without insurance. From my experience the courts have a low tolerance for this offence. You will be required to convince the judge that all your records are in order and that the charge is false.
But if your records are incorrect (as they appear to be) then you will have a harder job convincing the judge and increasing the possibility of conviction and then having to appeal. 
Having a solicitor stand for you and explain why your records are incorrect will expedite proceedings. 
I know its a pain to fork out for, but your solicitor will be able to demand disclosure of records from Gardai. There was obviously a cock-up somewhere and this will be exposed, affording your solicitor to request case to be dismissed and costs be paid by the State. 
Thats my view on what you have outlined.


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## Brendan Burgess (3 Mar 2019)

Hi Popstar

Are your records incorrect or is it the Garda's records which are incorrect? 

If your records are incorrect, then you probably should use a solicitor to explain. 

Brendan


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## galway_blow_in (3 Mar 2019)

Just show up in court with supportive documentation, judge will dismiss once you show you dealt with the issues

It's good for guards CV, s to have a chunky file of summonses, not like anyone looses anything bar the OP, s time


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## Folsom (3 Mar 2019)

I think its critical to address the incorrect registration number. Between the word of a garda and the word of a defendant with incorrect registration details on documents...im sorry, but a host of questions arise as to why this is the case. 
I would engage the services of a solicitor.


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## Dermot (3 Mar 2019)

No need for a solicitor.  Was you Cert of Ins. demanded from you by the Garda when he stopped you ?.  Briing your certificate of Insurance with you to court and also your vehicle registration cert to prove ownership and registration number


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## Popstar99 (3 Mar 2019)

Thanks for your response  - the car registration on the summons is incorrect.


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## Popstar99 (3 Mar 2019)

No the Garda never mentioned insurance - and nothing came by post about the insurance until for the summons arrived in December.


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## Folsom (3 Mar 2019)

Popstar99 said:


> Thanks for your response  - the car registration on the summons is incorrect.



??? The car registration on summons is incorrect _and 


Popstar99 said:



			that the registration number on all the documents is incorrect, only by a letter but incorrect all the same.
		
Click to expand...

 ???
_
If the error is on the side of the Gardai solely then it is a mighty cock-up - wrong details coupled with wrong charge, no need for solicitor.
If your own supporting documentation has errors then get a solicitor.


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## Bronte (4 Mar 2019)

Seems your paperwork is in order. Dress smartly, sit near the frontm speak slowly and clearly when your case is called and the judge should dismiss it.  Go early so you get a feel for how the judge is handling cases.


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## Leper (4 Mar 2019)

1. You don't need a solicitor to speak for you in court, although it probably would help. Courts are serious places. It is easy to be overcome by what goes on there. Solicitors, barristers and other purveyors of gobbledegook have to show their clients that they are worth the fees so be prepared to feel somewhat intimidated. 
2. Write down what you need to say and refer to your notes during your time in the "box" if necessary. But, better again if you can keep your cool and speak ad lib.
3. Be prepared for interruptions e.g. remand prisoners being brought before the judge in during your hearing. There will be a large Garda presence too. Don't crack any jokes and don't be seen rolling your eyes.
4. After your hearing get out of the court house asap.
5. Important:- Don't have a mobile phone in your hands even if it is switched off.


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## Popstar99 (4 Mar 2019)

Thanks for the advice Leper!  I have decided to go without the solicitor, and hope that the number of mistakes made by the garda in question will be enough to have the case dismissed. If I get an unsympathetic judge - what would be the next thing to happen?  Will I end up with a record if the judge decides that I didnt have insurance (which I had and can show evidence ....) but i starting to worry about where all this will go!


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## RETIRED2017 (4 Mar 2019)

Popstar99 said:


> Thanks for the advice Leper!  I have decided to go without the solicitor, and hope that the number of mistakes made by the garda in question will be enough to have the case dismissed. If I get an unsympathetic judge - what would be the next thing to happen?  Will I end up with a record if the judge decides that I didnt have insurance (which I had and can show evidence ....) but i starting to worry about where all this will go!


In the past the Garda concerned would also be in Court I think It may be changed now ,Could finish up your word against Garda ,


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## Popstar99 (4 Mar 2019)

but i have my certificate of insurance showing that it was renewed in April 18 (2 months before I was stopped).  its not just my word against the garda.


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## RETIRED2017 (4 Mar 2019)

Popstar99 said:


> but i have my certificate of insurance showing that it was renewed in April 18 (2 months before I was stopped).  its not just my word against the garda.


 one of the Summons failing to produce insurance this is where your word against that of the garda comes into play,just be prepared if it comes up,


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## Popstar99 (16 Mar 2019)

Update: So I attended the court and found the Garda. Showed her my documents showing continuous insurance and also showed her that the reg number was wrong.  She said she would get it struck off and told me to go home.  A good outcome thankfully. 
Thank you to all the advice offered here.


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## elcato (16 Mar 2019)

Assuming that she is true to her word. I would have stayed around to make sure it was pulled.


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## Popstar99 (19 Mar 2019)

Jeez, I didn't even think of that!!!! How can I check?


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## Dermot (19 Mar 2019)

Popstar99 said:


> Jeez, I didn't even think of that!!!! How can I check?



You have her name and station Ring her or her sergeant in the station.  Do not overdo the worry.  Let us know the result


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## SparkRite (19 Mar 2019)

Popstar99 said:


> Jeez, I didn't even think of that!!!! How can I check?



Struck me when I read your post.

However if she forgot to "get it pulled" and assuming it was called, this would jog her memory and at that point I'm sure she would
have either offered "no evidence" or "all in order now".
If you do manage to get to talk to her she may not even remember it.
Either way I wouldn't worry too much.


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