Brendan Burgess
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That Garda will have superiors who may have over-ruled what they saw as lenient treatment. He proposed a means of dealing with it, but he doesn't have final say.
Do they know now?
The application for insurance quote was completed truthfully and all questions asked were answered.
.... she drives for a living , now her job is on the line.
She is in an awful state of worry now.
not sure if money is well spent ... on a solicitor to say same thing
There is a pending prosecution, she's just been summoned to court to answer charges of driving with no insurance.There was no pending prosecution.
On reflection...
I suspect that you can’t be fined and prosecuted for the same offense.
Take legal advice. If there is a legal issue get a solicitor to represent her.
Brendan
Different offences as per OP.
Fine for non display of disk.
Summons for no valid insurance.
Different offences as per OP.
Fine for non display of disk.
Summons for no valid insurance.
So I take it you have not informed them of the summons. This is a significant issue and you have a duty to inform them immediately, the policy might be considered void until such time as you do.
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correct I will attend with her and get solicitor .Different offences as per OP.
Fine for non display of disk.
Summons for no valid insurance.
No Insurance is not a discretionary offence that Guards can issue a caution. Must prosecute. She received a fixed penalty notice re No Insurance disc displayed and paid it that day. She has been summons for no insurance disc as well as no insurance. That summons for failing to display a valid insurance disc , should either be withdrawn or struck out as a fine has been issued and paid ,in respect of it. and receipt retained as proof.But how was he fined? As far as I know, driving without an insurance disk is not an offence under the fixed charges or penalty points system. Guards will usually insist on seeing a valid insurance disk within a couple of days but I have never heard anyone being fined for not displaying their insurance disk. Driving without actual insurance is a mandatory court appearance. The Guard in question had no ability to issue a fine once it was admitted that there was no insurance. It has to be a court fine. He was right to seize the car but the rest is questionable. Worth a solicitor taking a look if the OP has his facts straight.
correct I will attend with her and get solicitor .
Of course the court outcome will be disclosed in due course ....
Thanks for that .... well composed.
There was no previous criminal convictions penalty points , or indeed expected prosecution when the renewal was done ...
Of course the court outcome will be disclosed in due course ....
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