Driving whilst disqualified is a summary-only offence so Code E doesn't require the interview be audio recorded. In particular, they can have the effect of restricting the offender’s liberty while providing punishment in the community, rehabilitation for the offender, and/or ensuring that the offender engages in reparative activities. Either or both of these considerations may justify a reduction in the sentence. This factor may apply whether or not the offender has previous convictions. You are the best Lawyer for Motoring Offences bar none! Criminal Cases Review Commission. We have expertise in the various specialised defences for driving whilst disqualified, and our team can skilfully handle cases in … driving whilst disqualified . You will then be subject to a recorded interview. In particular young adults (typically aged 18-25) are still developing neurologically and consequently may be less able to: Young adults are likely to be susceptible to peer pressure and are more likely to take risks or behave impulsively when in company with their peers. Had the drive whilst disqualified offence not been a second offence, then the driver would be liable to an automatic and minimum period of disqualification of 12 months and a maximum penalty of $2,200 and 18 months’ imprisonment. If someone, for example, is charged with a drink driving offence while they are suspended and therefore, also charged with drive whilst suspended, both offences will be dealt with as first offences. Driving while suspended means that the police have caught you driving after your licence was suspended. F For subsequent offences, the maximum penalty is 2 years imprisonment. Note: Excludes suspension or cancellation under the Fines Act 1996. A person is guilty of an offence if he drives a vehicle on a road or obtains a licence whilst disqualified from holding or obtaining a driving licence. Whenever the court reaches the provisional view that a community order may be appropriate, it should request a pre-sentence report (whether written or verbal) unless the court is of the opinion that a report is unnecessary in all the circumstances of the case. A terminal prognosis is not in itself a reason to reduce the sentence even further. If the offender received a non-custodial disposal for the previous offence, a court should not necessarily move to a custodial sentence for the fresh offence. This is different than a suspension period. i) The guidance regarding pre-sentence reports applies if suspending custody. There will always be a need to balance issues personal to an offender against the gravity of the offending (including the harm done to victims), and the public interest in imposing appropriate punishment for serious offending. It is also an offence to obtain a driving licence whilst disqualified; if you do so you may face a separate prosecution for this. Driving whilst disqualified is an offence under section 54(1) of the Road Transport Act 2013. You also reassured me on many occasions with any concerns and worries that I had. For offenders on the cusp of custody, imprisonment should not be imposed where there would be an impact on dependants which would make a custodial sentence disproportionate to achieving the aims of sentencing. Driving Whilst Disqualified What is the penalty for driving whilst disqualified? Tips for writing an apology to court for a driving offense. Any appropriate rehabilitative requirement(s), Curfew requirement for example up to 16 hours per day for a few weeks, Attendance centre requirement (where available), Curfew requirement for example up to 16 hours for 2 – 3 months, Exclusion requirement lasting in the region of 6 months, Curfew requirement for example up to 16 hours per day for 4 – 12 months, Exclusion requirement lasting in the region of 12 months. Additional disqualifications can also be imposed. The offence of Drive Whilst Disqualified occurs when the police catch you driving after you have been disqualified from driving by a court. Driving whilst disqualified is not the same as driving without a licence. If you are charged with an offence of driving whilst disqualified your case will be dealt with at the Magistrates’ Court. When sentencing young adult offenders (typically aged 18-25), consideration should also be given to the guidance on the mitigating factor relating to age and lack of maturity when considering the significance of such conduct. Where an offence does not fall squarely into a category, individual factors may require a degree of weighting before making an overall assessment and determining the appropriate offence category. Thanks. If an adjournment cannot be avoided, the information should be provided to the National Probation Service in written form and a copy retained on the court file for the benefit of the sentencing court. Through contacting a knowledgeable member of our legal team for a free consultation, we will provide you with sound advice on the best course of action to take. In many cases, a pre-sentence report will be pivotal in helping the court decide whether to impose a community order and, if so, whether particular requirements or combinations of requirements are suitable for an individual offender. If you are found guilty of driving whilst disqualified, this could result in: A fine of up to £5,000; A large number of factors can lead to disqualification. I really appreciate it. Driving whilst disqualified and obtaining a licence whilst disqualified. Such a professional client-centred service from beginning to end. I felt tears of joy from the way you fought my case. Driving whilst disqualified is a serious offence with far-reaching consequences. There are no greys and no maybes. There is also an obligatory endorsement of 6 penalty points. Driving a motor vehicle whilst disqualified is a criminal offence and if found guilty, carries severe penalties. Many thanks indeed for all your work in achieving the outcome of Nik's court case last week. the custody threshold has been passed; and, if so. I am still speechless, thank you so much. We first met in 1990 when I got drawn into a little bit of trouble. Section 64 of the Sentencing Code states: In considering the seriousness of any offence committed while the offender was on bail, the court must -, (a) treat the fact that it was committed in those circumstances as an aggravating factor and. It may be helpful to indicate to the National Probation Service the court’s preliminary opinion as to which of the three sentencing ranges is relevant and the purpose(s) of sentencing that the package of requirements is expected to fulfil. The extent to which the offender has complied with the conditions of a licence or order (including the time that has elapsed since its commencement) will be a relevant consideration. It is an absolute offence. The Criminal Cases Review Commission is the independent public body set up to investigate possible miscarriages of justice. Penalties. When considering a community or custodial sentence for an offender who has, or may have, caring responsibilities the court should ask the National Probation Service to address these issues in a PSR. Driving while disqualified. What the Police must Prove. (b) state in open court that the offence is so aggravated. Driving Whilst Disqualified What is the penalty for driving whilst disqualified? iii) Where the court imposes two or more sentences to be served consecutively, the court may suspend the sentence where the aggregate of the terms is between 14 days and 2 years (subject to magistrates’ courts sentencing powers). Driving while disqualified is a strict liability offence. Further, under section 54, you can be charged with driving whilst suspended, disqualified or with a cancelled licence. I would just like to say it was excellent to have yourself representing me. Sentences should not necessarily escalate from one community order range to the next on each sentencing occasion. A conviction for me would have been devastating and the professional way in which you dealt with the case made all the difference. However, such a condition, even when it is difficult to treat in prison, will not automatically entitle the offender to a lesser sentence than would otherwise be appropriate. Obtaining financial information: It is for the offender to disclose to the court such data relevant to their financial position as will enable it to assess what they can reasonably afford to pay. In circumstances like these, you’ll need the help of a team of expert solicitors at Richard Silver. I am delighted to recommend Brian Koffman to anyone facing a motoring prosecution. This is a much more serious offence. The court should take into account section 74 of the Sentencing Code (reduction in sentence for assistance to prosecution) and any other rule of law by virtue of which an offender may receive a discounted sentence in consequence of assistance given (or offered) to the prosecutor or investigator. Numerous and frequent previous convictions might indicate an underlying problem (for example, an addiction) that could be addressed more effectively in the community and will not necessarily indicate that a custodial sentence is necessary. A common example of this is when you have been convicted of a drink driving offence, were disqualified by the Court, and then drive during the term of disqualification period. Having determined the category at step one, the court should use the appropriate starting point to reach a sentence within the category range in the table below. Driving Whilst Disqualified. I am enclosing a record of my travel expenses, which include an airline ticket cost, train and cab travel costs. Driving Whilst Disqualified. If you are found guilty of driving whilst disqualified, this could result in: A fine of up to £5,000; Thank you for successfully representing me in relation to my excess alcohol trial. Driving whilst disqualified is a very serious road traffic offence for which you can go to prison. The approach to the imposition of a custodial sentence should be as follows: 1) Has the custody threshold been passed? 2) Is it unavoidable that a sentence of imprisonment be imposed? First time offenders usually represent a lower risk of reoffending. Racial or religious aggravation – statutory provisions, 2. Sentencing for the offence of speeding; Maintained. For more serious offences where a substantial period of custody is appropriate, this factor will carry less weight. However, this factor is less likely to be relevant where the offending is very serious. Therefore a young adult’s previous convictions may not be indicative of a tendency for further offending. Everything was very smooth-running from the initial contact I made with you. The Criminal Cases Review Commission is the independent public body set up to investigate possible miscarriages of justice. He was sent to prison for 12 weeks as it was his sixth driving whilst disqualified offence, and because he was said to have “poor compliance” with court orders. I can't thank you enough. Although I will not be needing your services again, if I ever came across anyone that is in need of your services, I will be more than happy to refer them to yourself with great confidence. This Practice Note covers the offences of obtaining a driving licence whilst disqualified and driving a motor vehicle on the road whilst disqualified created by section 103 of the Road Traffic Act 1988 (RTA 1988). The charge is also known as a strict liability offence as it requires no intent, meaning you can be convicted of driving whilst disqualified even if you were unaware that you were prohibited from driving a vehicle. The court must ensure that the restriction on the offender’s liberty is commensurate with the seriousness of the offence and that the requirements imposed are the most suitable for the offender. The following factors should be weighed in considering whether it is possible to suspend the sentence: Factors indicating that it would not be appropriate to suspend a custodial sentence, Factors indicating that it may be appropriate to suspend a custodial sentence, Offender presents a risk/danger to the public, Appropriate punishment can only be achieved by immediate custody, History of poor compliance with court orders, Immediate custody will result in significant harmful impact upon others. Non custodial interview is voluntary interview so they’re taken to the station not under arrest simply for an interview. It is a way of showing respect and the willingness to adhere to the decision of … Dear Brian. This is different than a suspension period. Writing a testimonial for Brian is probably one of the easiest things I could ever do! When sentencing young adult offenders (typically aged 18-25), consideration should also be given to the guidance on the mitigating factor relating to age and/or lack of maturity when considering the significance of this factor. I cannot thank Brian enough for all the hard work he put in to get this result. Our experience and expertise in this area will quickly determine the best option for you. Destruction orders and contingent destruction orders for dogs, 9. This information is necessary as all disqualification periods must begin on the day of sentence – there is no provision for consecutive disqualifications. The offence of driving whilst suspended is committed when a person, whose licence is currently suspended, drives a motor vehicle on a public road during the period of suspension. In general the more serious the previous offending the longer it will retain relevance. In spite of the very trying circumstances it has been a pleasure meeting you and once again I thank you for all your help. The magistrates said they were imposing a jail term because it was "the 7th driving whilst disqualified on the defendant's record and the offence is aggravated by drug driving and no insurance." This has saved my licence, a large fine, a huge rise in my insurance premiums and my costs. at what he does and I know that the friendship,professionalism, diligence and discretion he has shown me over the years, he shows to every client. recent need to defend my case. The guidance replaces the two previous documents published i… In particular, a Band D fine may be an appropriate alternative to a community order. For a first offence of driving while disqualifies, a person faces a fine of up to $3300 and imprisonment for up to six months. c. Driving while disqualified A more serious offence related to driving licences is “driving while disqualified”. Mr Galbraith was also made to pay a victim surcharge of £122. When an immediate custodial sentence is necessary, the court must consider whether proper arrangements have been made for the care of any dependent children and if necessary consider adjourning sentence for this to be done. For these reasons first offenders receive a mitigated sentence. Customer: first time offence, was driving whilst disqualification end 1 more before from 6 months JA: Do you need to appear in court? I will endeavour to be a better driver going forward. Extension period of disqualification from driving where a custodial sentence is also imposed, 2. I have recommended many people to Brian over the years because he is very good (great even!!) You may know that you have been driving whilst disqualified. At Lewis Nedas Law, our motoring offences specialist department employs highly qualified and experienced solicitors. Penalty notices – fixed penalty notices and penalty notices for disorder, 7. In order to be found guilty of this offence the prosecution would have to prove, beyond reasonable doubt, that not only were you driving whilst disqualified, but also that there was some connection between your driving … They had a hand-held laser gun and stated that I was travelling at 123 mph. Where the offender is a care leaver the court should enquire as to any effect a sentence may have on the offender’s ability to make use of support from the local authority. Firstly, thank you so much for all your help with Sam's case - it was very much appreciated and the outcome most satisfactory. Regards. Section 52 of the Sentencing Code imposes a duty to give reasons for, and explain the effect of, the sentence. You could be sentenced with further penalty points, a community order or even prison and a greatly lengthened ban. A court wishing to impose onerous or intensive requirements should reconsider whether a community sentence might be more appropriate. Sentencing for the offence of speeding; Maintained. The clear intention of the threshold test is to reserve prison as a punishment for the most serious offences. Our client had a history of domestic violence and breaching Apprehended Violence Orders which earned him the section 12 bonds. It was a most stressful period for me and your help, at exactly that moment, made all the difference. I will be recommending you to people. Driving a motor vehicle on the road while disqualified from holding or obtaining a licence is an offence under s 103 of the Road Traffic Act 1988 (RTA 1988).. Mrs. L, Dear Brian I just wanted to drop you a line to say how grateful my wife and i are for the magnificent role you played in my case. Those convicted usually receive a community penalty (which can include unpaid work, curfew and probation appointments) or up to 6 months imprisonment. This Practice Note covers the offences of obtaining a driving licence whilst disqualified and driving a motor vehicle on the road whilst disqualified created by section 103 of the Road Traffic Act 1988 (RTA 1988). Driving whilst disqualified Driving whilst disqualified is regarded by the court as a very serious offence because it usually constitutes a defiance of, and contempt for, an order either of the court or a Registrar. (3) Where the court treats a relevant previous conviction as an aggravating factor under subsection (2) it must state in open court that the offence is so aggravated. In every case the court must endorse and may disqualify. Community orders can fulfil all of the purposes of sentencing. the offender’s responsibility for the offence and. The requirements are identical to those available for community orders, see the guideline on Imposition of Community and Custodial Sentences. We were hugely impressed by the way you dealt with the prosecution on Wednesday and your manner in the courtroom. I felt that I could not have been better represented and I will wholeheartedly recommend you and your services to anybody that asks for assistance in a motoring case. This factor is particularly relevant where an offender is on the cusp of custody or where the suitability of a community order is being considered. The court should then consider further adjustment for any aggravating or mitigating factors. I would like to take this opportunity to sincerely thank you for your professionalism and guidance in my court case at Lincoln Magistrates' Court on Monday. Criminal Cases Review Commission. London Road Traffic Offence Solicitors. Where custody is unavoidable consideration of the impact on dependants may be relevant to the length of the sentence imposed and whether the sentence can be suspended. See also the Imposition of community and custodial sentences guideline. The Court should determine the offence category using the table below. The Commission assesses whether convictions or sentences should be referred to a court of appeal. Driving Whilst Disqualified. Leaving care services may change at the age of 21 and cease at the age of 25, unless the young adult is in education at that point). The court can take account of physical disability or a serious medical condition by way of mitigation as a reason for reducing the length of the sentence, either on the ground of the greater impact which imprisonment will have on the offender, or as a matter of generally expressed mercy in the individual circumstances of the case. Motoring Offence Solicitors offer the very best privately funded legal representation to clients accused of driving offences in Manchester and across the UK. I did not realise a court decision could be overturned in this manner. If you can proof that you were not driving the vehicle whilst disqualified, you could avoid being prosecuted. Thank you for all the work you did for me. In cases involving significant persistent offending, the community and custody thresholds may be crossed even though the current offence normally warrants a lesser sentence. We cannot thank you enough. Where possible, if a financial penalty is imposed, it should remove any economic benefit the offender has derived through the commission of the offence including: any gain made as a direct result of the offence. The maximum penalty is a fine of up to £5000 and 12 months imprisonment. It has been an absolute pleasure dealing with you. I will gladly recommend your service to friends of family that may ever need it. If you can proof that you were not driving the vehicle whilst disqualified, you could avoid being prosecuted. If your disqualification was imposed by the court only recently, the Court will treat this as an aggravating factor and impose a sentence which may include the risk of imprisonment. Driving whilst disqualified and obtaining a licence whilst disqualified. Where it is not possible to calculate or estimate the economic benefit, the court may wish to draw on information from the enforcing authorities about the general costs of operating within the law. If the disqualification has been recently imposed the sentencing guidelines would treat this even more seriously and there would be a rave risk of imprisonment. Effective 28 October 2017. Driving whilst disqualified is a serious offence. (b) the time that has elapsed since the conviction. Since the offence of driving whilst disqualified blatantly disregards the order of the court it is always regarded as a serious offence. driving whilst disqualified . I was driving on the A46 dual carriageway and two police officers stopped me. Driving While Disqualified. Disqualification in the offender’s absence, 9. I would highly recommend Brian Koffman to represent anyone in need of a defence for this type of offence. Driving whilst Disqualified and the Penalties (BA10 Conviction) Viewed by the Courts as a serious driving offence, the charge of driving whilst disqualified (penalty code BA10) can carry heavy punishments. Thanks Brian. the length of imprisonment which represents the shortest term commensurate with the seriousness of the offence; Previous convictions are considered at step two in the Council’s offence-specific guidelines. An offender who is subject to licence or post sentence supervision is under a particular obligation to desist from further offending. Call our team today on 0161 832 3852 or complete the enquiry form on the right-hand side of this page. I am very grateful to you for the way in which you prepared and conducted the case. You are a good lawyer and a good man, a rare combination indeed. The courts in the United Kingdom take driving whilst disqualified very seriously, and they have the power to impose harsh sanctions on those who are caught flouting a disqualification order. Answer If you were to be convicted of this offence, you […] Those convicted usually receive a community penalty (which can include unpaid work, curfew and probation appointments) or up to 6 months imprisonment. See also the Sentencing Children and Young People Guideline (paragraphs 1.16 and 1.17). When assessing whether a previous conviction is ‘recent’ the court should consider the time gap since the previous conviction and the reason for it. Reference should be made to the latest provisions in the law for detailed information on specific offences and penalties. You stood by me on the court day. You will then be taken to a police station where you will be searched, photographed, have your fingerprints and DNA taken and held in a cell. For a person to be found guilty of the offence of driving whilst disqualified, the … Penalties for driving on a suspended licence and driving whilst disqualified. The primary significance of previous convictions (including convictions in other jurisdictions) is the extent to which they indicate trends in offending behaviour and possibly the offender’s response to earlier sentences. Care should be taken to avoid double counting factors including those already taken into account in assessing culpability or harm or those inherent in the offence. Driving whilst disqualified is not a minor driving offence. Disqualification until a test is passed, 6. I have now had a couple of days to calm down after the events of Wednesday and had a little time to reflect. Driving whilst Disqualified – Motoring Offence Driving whilst disqualified is a very serious offence and is viewed extremely seriously by the Court. Reduced period of disqualification for completion of rehabilitation course, 7. There are many reasons why a licence will be suspended or disqualified. The Basics. Thanking you. In fact, the offence of driving whilst disqualified is found under section 54.1 of the Road Transport Act 2013 which states that: Ideally a pre-sentence report should be completed on the same day to avoid adjourning the case. There is no general definition of where the custody threshold lies. In addition when sentencing an offender who is pregnant relevant considerations may include: The court should ensure that it has all relevant information about dependent children before deciding on sentence. It will be for the role you have done for me and help. Endorse and may disqualify man, a large number of factors can lead to.... Means that it is always regarded as less blameworthy than offenders who have committed the same day to avoid recovery! Qualified and experienced solicitors in custody with an offence same crime several already..., 6 this should be completed on the unborn child so much for the way you my! 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