No tax or insurance

N

November***

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Hi All,

My teenage son stupidly drove his friends car which did not have tax and he wasn't insuranced to drive it. When stopped at a checkpoint he paniced and gave a fake name. This happened 9 months ago.

Last week a garda called to the house to verify that it was him driving the car as he didn't want to issue a summons without confirming the identity as he had already issued a summons to the false name and address.

I am obviously not condoning what he did but I have the following questions:

-I thought that there was a 6 month time limit on summons being applied for in the case of road traffic act offences? Would this not apply because of the false name and address which meant that they issued the summons to another person which caused a delay?

-They said they had a photo of my son but still couldn't confirm if it was him which is why he wanted to see him in person. What should my son do?
 
I'm sure the Garda did apply for the summons within 6 months.Its not his fault that he did not have the correct name/address .
 
The 6 month time limit applies to the commencement of proceedings by the Gardai, not to the final delivery date. Most likely they did meet this deadline, just the false name issue took time to resolve.

Get a solicitor, but trying to fight it on grounds of the timeliness of the summons may result in more serious sentencing.
 
I'd advise him to start saving hard. And to learn to love public transport. He's looking at charges of driving with no insurance, driving with no tax, and providing a false name. If he's lucky, it will just be a large fine and some points. If he's unlucky, he's looking at a ban.

The friend who owns the car has two options
1) Admit he allowed your son to drive the car, knowing it was untaxed and your son was uninsured. That means he's in line for an unpleasant time in court.
2) Say your son drove the car without permission. That adds an additional charge of theft to your son's list of charges.
 
Thank you for your reply.

The friend who owns the car was with him at the time and confirmed that he had allowed him to drive it.

No summons has been applied for to date so he will just have to wait and see.

I imagine he will be banned but that's the price you pay.
 
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