CURRENT LEGAL ARTICLES

Driving over the speed limit is an offence for which you get 3 penalty points and a fixed charge fine of €160. Failing to pay within 28 days increases this fine to €240. If you want to avoid going to court, you can pay a fine of €320 no later than 7 days before the summoned date. https://greensolicitors.ie/criminal-law 

Parking offences. You cannot park your car in a place where it could be dangerous. You will be liable for a fine of €80 and get 3 penalty points if you commit this offence. By paying €160 no later than 7 days before the court date, you can avoid going to court. Also, if you park in a disabled parking bay and you do not possess a badge, you will be fined €150. https://greensolicitors.ie/contact 

You are forbidden from using your mobile phone when driving. Otherwise, you will be fined €120 and 3 penalty points. However, serving the summonses is a crucial element in most prosecutions.   The courts might excuse you if you had to call emergency services (999 or 112). https://www.irishmirror.ie/news/irish-news/irish-motorists-mobile-phones-driving-14385365    

Can you get convicted for not wearing a seatbelt? 

You can get convicted in court, for which you will get 5 penalty points and a fine of €2,000. You will not get convicted if you pay your fine of €120 without 28 days, but 3 penalty points will also be added to your licence.

What is the penalty for drunk or drug driving?

Drink or drug driving offences, meaning intoxicated driving offences, are prohibited pursuant to Section 4 of the Road Traffic Act 2010. You are considered intoxicated if you have consumed alcohol and/or drugs.

There are 4 offences relating to drunk driving, depending on your control of the vehicle, but especially on the concentration of alcohol in your blood or breath. The penalties for drunk driving offences depend on the same criteria, as well as whether you are an experienced driver or not. 

Similarly, you will be disqualified from driving longer if it is not your first offence (e.g., 6 months for 50+mg to 80mg of alcohol per 100ml of blood as a first offence penalty, but 1 year if it is the second one).

If you were driving under the influence of drugs, you would get convicted and disqualified from driving for 4 years if it is your first offence or 6 years if it is your second one. If you are intoxicated driving (drunk and/or drug driving), you will be liable for a fine of up to €5,000 and/or 6 months of imprisonment.

At Green & Associates, our solicitors provide services for different kinds of prosecution, including drunk and drug driving. With our expertise, we will help you understand your position and your defence.

  

What are other road traffic offences?

Different offences exist concerning licences. For instance, driving without a licence is prohibited. If you do not have a current licence that expired less than 12 months before you committed the offence, you are facing a fine of up to €1000. https://www.echolive.ie/corknews/arid-41167438.html 

But if you continued to drive with a licence that expired for more than 12 months, your fine could be up to €2000. Also, if you were disqualified from driving, you could be fined up to €5000 and/or be sentenced to prison for up to 6 months.

Learners and notice drivers must display “L” or “N” plates. Otherwise, they face 2 penalty points and an initial fixed charge fine of €120, which can increase to €180 if not paid within 28 days. Also, if you are not accompanied by a driver who has had a licence for at least 2 years, you are committing an offence, which makes you liable for an initial €160 fine, which can increase to €240 or more, and 2 penalty points. If you are convicted in court, your fine could rise to a higher amount, and you will get 4 penalty points. https://www.thejournal.ie/learner-driver-speeding-no-l-plate-4829780-Sep2019/ 

Besides, if you fail to display insurance or tax, you are committing an offence for which you could face an initial fixed charge of €60 to €90 if you do not provide it in time. But if you are driving uninsured, you will be fined up to €5,000 and get 5 penalty points. 

Any careless or dangerous driving is reprimanded. If no accident occurred whilst you were reckless, meaning you were driving without due care and attention, you would get 2 penalty points and a fine of €80. But if you cause damage, you could be fined up to €5,000. And if you cause death or serious bodily harm, it rises to €20,000 and imprisonment for up to 10 years. https://www.irishexaminer.com/news/arid-30821352.html 

If you are driving dangerously regarding the circumstances, you could face a maximum fine of €5,000 and/or be sentenced to prison for up to 6 months. If your dangerous driving resulted in death or serious bodily harm, you could be fined up to €20,000 and/or be sent to prison for up to 10 years. https://www.irishtimes.com/crime-law/courts/2022/07/26/man-gets-suspended-sentence-for-dangerous-driving-causing-death-of-cyclist/ 

Likewise, if you know you are not fit medically to drive, you commit an offence by forcing. If you are over 75 years old, you generally will need a certificate signed by your GP.

Finally, your car needs to be roadworthy. Because if your vehicle is dangerously defective, you could be fined up to €5,000 and/or prison for up to 3 months. Your tyres must not be impaired or worn. Otherwise, you could face a fine of €80 and 2 penalty points. If you drive without a current National Car Test (NTC) certificate, you are committing an offence for which you will be fined €60 and will get 3 penalty points. Sometimes, a certificate of roadworthiness will also be required.

What makes you disqualified from driving?

If you get too many penalty points on your licence or learner permit, or if you are convicted for one of the driving offences imposing the penalty of disqualification, then you will be disqualified, usually for a fixed period. 

A consequential disqualification generally occurs when a conviction is made towards you and the law commands it. However, it is an ancillary disqualification where the law does not mandate to do so automatically. https://www.irishtimes.com/news/crime-and-law/all-learner-and-novice-drivers-who-receive-seven-penalty-points-will-be-disqualified-1.4565505 

How to retrieve your licence?

More than halfway through your disqualification period, you can ask for your driving licence to be restored to the District Court, which costs €55. But if the disqualification is for 2 years or less, or if you have been given another disqualification during the last 10 years, your driving licence cannot be restored. More information on courts.ie

Our solicitors at Green & Associates can assist you in this process, and we support your case so the court will be more favourable. 

Do penalty points remain on your licence forever?

You get penalty points when convicted in court for a driving offence and/or pay a fixed charge notice carrying penalty points. But they stay on your licence for 3 years only. 

Although, if you get 12 penalty points (or 7 if you have a learner permit) in any 3 years, you will be disqualified automatically from driving for 6 months. 

You can check what offences attract fines and penalty points on the RSA website for more information.

What are fixed charge notices?

If you misuse a disabled parking permit or breach an HGV ban and enter a specified public road without a license, you must pay a fine of €200. And if you illegally park in an electric charging bay, you will be fined €80. Those fines are fixed charges, and you will receive a notice describing the alleged offence, meaning the nature or type of crime committed, for which you must pay.

Is legal aid accessible for a driving offence?

Generally, legal aid is not granted for road traffic offences because they are considered minor and not serious enough. But since some can be more serious, you might be eligible.

Also, the judge might be lenient if you are very ill, immature, lack any formal education, are emotionally disturbed or lack the mental capacity to understand the court case process.

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I look forward to having you in the Green & Associates community!

Best regards,

Dylan Green

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Please be advised that NOTHING discussed in ANY of our newsletters constitutes legal

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