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dublinbl, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 181
Experience:  BCL, LL.M, Barrister-at-Law
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Dear Madam or Sir, Can I have advice what to do please. In

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Dear Madam or Sir,
Can I have advice what to do please.
In November 2012 I was driving too fast, and Garda Officer stopped me. I got penalty points and should pay 80.00 fees. Also I didn’t have my driving license with me in those moment , and I should produce it during 10 days in Police office on request.
Few days after I paid Penalty fee in Post Office and also produced my driving license to the Police Office.

Yesterday in April 2013, i got Court letter. That I will be accused of the offence (Failure to produce insurance certificate). And the issue of a summons to me , accused alleging the offence.
The District Court will be held in April 2012.

My questions are:
1. The Garda Officer didn’t ask me to produce insurance certificate, as it already on the cars window, and he even didn’t mention about that
2. I went to the Police Office few days after and produced my driving license, if I Knew that they wanted full insurance certificate, I could easily produce it. Everything fine with my Insurance and it’s up to date.

Could you suggest me what should I do please. I am feeling really bad and unsecure.

Full notes from the court letter:
“On the 22/11/2012 at Farrankelly Road a public place, in said District Court Area of Bray, were the user of a mechanically propelled vehicle insurer registered number 02D644 such vehicle being one for which neither a vehicle insurer nor an exempted person would be liable for injury caused by the negligent use of said vehicle at that time and for which there was not then in force an approved policy of insurance as required by Part VI of the road Traffic act,1961 as amended by Part VI of the road Traffic act 1968,as amended.”

Thank you
The alleged offence described in the summons, as quoted by you in the last paragraph of your question, is in fact the allegation that you did not have any insurance while driving on that day - not that you just failed to produced your insurance certificate.

You will need to go to the district court on the date in April specified in the summons, and bring with you your insurance certificate showing that you had insurance on 22/11/2012 when you were driving. The case against you will then be 'struck out' (i.e. cancelled) when your insurance certificate is produced in court. If you no longer have the insurance certificate for November 2012, you should ask your insurance company to send you out a duplicate - tell them that you need to show the court that you had insurance on that date.

Unfortunately this has all probably been caused by the Garda incorrectly noting in his/her notebook that insurance was to be produced also, and when it wasn't, they issued a summons for not having insurance. You would think that if the Gardai wanted you to produce your insurance certificate also, that when you went to the Garda station with your drivers licence, that they would have informed you that you need to produce the insurance certificate also, but unfortunately once again the Gardai cannot be relied upon to tell you that when you attend the Garda station. This unfortunately leaves you in the position that you now have to go to court. However, you should not worry about this - bring your insurance certificate with you showing that you had insurance, and the case will be struck out. If you cannot attend court on that date, you could get a solicitor to appear for you (though they would likely charge for this) or you could get a family member to attend court with your insurance certificate and the court would allow that.

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Customer: replied 4 years ago.

Thank you for the answer. I am feeling much secure now. Olena