Road Traffic Law
No Insurance
Our office has years of experience in Road Traffic Law and on a daily basis we represent clients accused of driving without Insurance. If you receive a Summons for No Insurance (Section 56 of the Road Traffic Act 1961) you must attend Court on the specified date. For first time offenders, No Insurance prosecutions carry a disqualification of two years.
However, should a “special reason” be accepted by the Court, the presiding Judge has discretion not to disqualify the driver. However, if you receive a disqualification, there is also a right to appeal that decision and provided the paperwork is lodged within 14 days you are entitled to drive pending the outcome of the Appeal.
Drink/Drug Driving
We specialise in Drink and Drug Driving Prosecutions. We have years of experience in contesting these technical prosecutions. We understand that it is extremely stressful to be accused of driving under the influence, especially if you have never been in court in your life.
Should this happen, we would suggest that you get legal advice immediately. If you decide to instruct our office, we will take detailed instructions initially and request full disclosure of all statements and evidence from the Prosecution. We will review all of the disclosure and consider briefing a specialist Drink/Drug driving Barrister to represent you at your Hearing.
We will do everything in our power from the initial consultation to the Hearing to give you the best chance of keeping you on the road.
Table outlining the Minimum disqualification for a conviction in Court
Table outlining the Disqualification following the payment of a Fixed Penalty Notice
Careless/Dangerous Driving
If you are accused of Careless or Dangerous Driving our office specialise in Road Traffic Law. We can attend Court on your behalf and request full disclosure of all statements and evidence from the Prosecution. For Careless Driving convictions in the District Court the presiding judge has a discretion not to disqualify if the Court is satisfied with the reason outlined.
Dangerous Driving Convictions carry a mandatory disqualification. On occasion the Defence can suggest pleading guilty in the District Court on the basis that the driving was careless and therefore not dangerous. It is open to the presiding Judge/ prosecuting Garda to accept this submission and if this is accepted the possibility of not receiving a disqualification remains open to the defendant. However, If you receive a disqualification, there is also a right to appeal the decision and provided the paperwork is lodged within 14 days you are entitled to drive pending the outcome of the Appeal.
Should I pay a Fixed Penalty Notice?
It is important to realise a Fixed Penalty Notice is not a Criminal Court Conviction. There is usually a fine attached to the Fixed Penalty Notice to be paid within a certain period of time and with the majority of Road traffic offences penalty points will be endorsed on your licence. Once the fine is paid there is no right to Appeal. We would, therefore, advise that you contact a Solicitor if you are unsure about paying the Fixed Penalty Notice.
Should the fine not be paid a Summons to attend Court will issue. The Prosecution must be able to prove that the defendant received the Fixed Penalty notice as it would be prejudicial to not be given the opportunity to pay the Fixed Penalty Notice.
From the outset, should you wish to fully contest the allegation the only option available is to not pay the fixed Penalty Notice and take a Hearing date in Court. Our office specialises in Road Traffic Law and can assist you with any of your queries and/or represent you in Court.