Stopped driving a new car without insurance

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NewtoIreland

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I recently received a court summons after being stopped by a Garda for driving without insurance. This happened on the same day I purchased my car, just a few hundred meters away from the private dealer. My question is: should I hire a solicitor, or can I represent myself in court?

What potential consequences might I face in this situation?
 
Yes, you can represent yourself in court.

And if you are not intimidated by it and if you are not likely to lose your temper, then you probably should do so.

Tell the judge exactly what happened. If you are from a foreign country as your name suggests, tell him that you were not aware of the seriousness of the situation here.

Apologise to the judge. They like that.

Bring along your insurance certificate - I presume you got insurance immediately.
 
If you drive while uninsured, you could be fined up to €5000 and get 5 penalty points. You could also go to prison for up to 6 months. The judge may decide to disqualify you from driving instead of giving you penalty points. You can read more in our page on ‘Motor insurance’.

I would imagine that the judge will be sympathetic to you.
 
I got a fine once in a similar situation. I went to the garda station in town and explained what happened. The garda called the person in charge on the day who asked me to go to court n explained what had happened. They said they are trying to stop the abuse that occurs by some officers. So yes, go to court, be humble n say you were going to get the paper work sorted on the day. In principle you did wrong but the judge might be sympathetic as mentioned before.
 
"In principle you did wrong". I hate that auld ráiméis. As a matter of fact, admitted to by the OP, the law was broken on the day and the OP is willing to face the consequences by going to court.
 
Im sure most readers will understand what I mean. Its illegal for sure but how many drivers would pay the insurance before collecting a new car??? Its easily done. They could have asked the driver to present the insurance in a couple of hours in the station.
 
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I would say very few would not tbh, except those with no intention of ever getting insurance. Everyone knows you need insurance to take a car on the road.
 
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I am sure when I last got a car from a dealer (VW) I was asked to show my insurance cover when I picked it up, this was a good few years back.
The law was broken here though, if you get a fine / ban, then so be it and it is the correct and expwcted outcome.

What if you did have an accident while uninsured? You could not use the same excuse.
You got very lucky.
 
It seems OP bought from a 'private dealer' so not likely that insurance would be requested. I have never driven a new car off a dealer's lot without transferring my insurance first, although the dealer didn't require it.

OP did wrong and should throw him or herself on the mercy of the court, apologise and give some reason, producing the subsequently procured insurance. They don't need a solicitor for that. It might go better without one, in fact.
 
A leithéad de ráiméis aris. No driver on here will understand your POV. For years I dealt with Eamon Ryan's in Littleton, Co Tipperary, now gone but in their time one of the best Subaru Main Dealers in the country, voted The Best a couple of times. Any time they got in a new car for me, the orders were issued, "clear the fax and photo copier, he's on his way!" I dealt with Richardsons' Insurance Brokers in Sandyford at the time, now 123.ie. I never set a wheel outside Eamonn's forecourt until:
  • Insurance transferred from old car to new with faxed cover note with extra premium noted as required
  • Old car out of my name for insurance and registration purposes
  • Motor tax application in hand
  • Eamonn in possession of a cheque for the new car, less deposit (if one was needed) and agreed trade-in price
At the time the OP was stopped the car was uninsured - fact, no way of changing that.
 
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Reactions: jpd
Hear hear about Eamon Ryan. Poor man!. There is a very good Subaru garage in Duncormick Wexford with a very loyal customer base if you like Subarus still!!!
 
The OP asks whether he should engage a solicitor, and the possible consequences.

If I were (s)he I would be seeking professional assistance.

A Judge has discretion, for first time offenders only, to not impose a 2 year disqualification from driving on conviction.

I think that the risk of conviction and disqualification is too high to not engage a solicitor. It will certainly be less than what it would cost to appeal a conviction, and try have a disqualification set aside in the Circuit Court.
 
There are pros and cons.

If the OP presents himself, faces the music and abjectly apologises, the judge will probably be sympathetic.

The sympathy might be diluted via a solicitor.
 
I agree regarding pros & cons Brendan.

However a legal practitioner with District Court experience in the relevant District Court area will more likely than not have knowledge of the Judge that the OP won't have.

That knowledge could be crucial in swaying the Judge to not impose a disqualification.

I've been present in a Courtroom when a Judge informed a defendant (who told the court he was pleasing to no insurance) that he was willing to adjourn his case so that the defendant might consider availing of legal advice.
 
I very much doubt that there are any legal issues in dispute here. And it would be a good idea not to try to dispute them.

I spent a lot of time in the repossession courts. It was a huge disadvantage to have a solicitor representing you. They were often disorganised and incompetent. Most Registrars were reluctant to look a borrower in the eye and say "I am granting an order for the possession of your home" - it was much easier to do it indirectly via a solicitor.
 
I recall my niece contacting me in a panic, she was buying a new car, well new to her, she had insurance sorted to kick in at midnight but the seller wanted her to collect it a day earlier than planned. It as after 5 she couldn’t get hold of the insurer so I collected the car for her and she sat adoring it until 1 minute past midnight. She was so excited bless her, her parents were away and I was the nearest one she could call. She was fully aware of the implications of driving before her insurance was valid. It was her first car so there was no existing insurance.

If I were the OP I’d ask a solicitor to represent me but I’d try to find one that would present a sympathetic case. It was unlucky but and accident could have been a million times worse. The stakes are high here, a newly bought car and losing your driving licence plus a fine… that’s a lot.

Are there countries where picking up a car and driving it off the forecourt is OK? I know that ignorance of the law is no defence but if that’s the OP’s background it might help explain.
 
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