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driving whilst disqualified offence

Driving Offences may include Drink Driving, Driving whilst disqualified, Unlicensed Driving, Culpable Driving and Dangerous Driving. Suggested starting points for physical and mental injuries, 1. The offence of driving while disqualified occurs when a person drives on a public road after their license has been disqualified by a court. We'll assume you're ok with this, but you can opt-out if you wish. You will then be subject to a recorded interview. I was represented by Brian Koffman for a very serious motoring offence, which was not only dealt with in a very professional manner but also with a much needed caring approach. Driving whilst disqualified being a serious offence, our solicitor had to concede that the breach was not trivial. 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. Driving whilst, Peter Hook (New Order/Joy Division). My sincere thanks to you for your help. You may know that you have been driving whilst disqualified. A conviction for me would have been devastating and the professional way in which you dealt with the case made all the difference. Thank you for successfully representing me in relation to my excess alcohol trial. The starting point applies to all offenders irrespective of plea or previous convictions. Many young people who offend either stop committing crime, or begin a process of stopping, in their late teens and early twenties. recent need to defend my case. I was able to speak directly with Brian and discuss my concerns in detail. I would like to thank Mr Koffman for his most excellent work on my most 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. Causing Death by Disqualified Driving. The Commission assesses whether convictions or sentences should be referred to a court of appeal. For a person to be found guilty of the offence of driving whilst disqualified, the … Driving whilst disqualified, cancelled, suspended or refused Note: Excludes suspension or cancellation under the Fines Act 1996. Disqualification in the offender’s absence, 9. From our first call, I had a good feeling that you could win the appeal, now I am happy that I felt right. I will endeavour to be a better driver going forward. You were very honest throughout and always kept me informed from the beginning in terms of the outcome of the case. You played the part of a very astute detective. The requirements are identical to those available for community orders, see the guideline on Imposition of Community and Custodial Sentences. Either or both of these considerations may justify a reduction in the sentence. 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. 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. c. Driving while disqualified A more serious offence related to driving licences is “driving while disqualified”. Driving whilst disqualified is not a minor driving offence. A large number of factors can lead to disqualification. Automatic orders on conviction for sexual offences, Additional note: Availability of ancillary orders, 1. This is a much more serious offence. The extent to which the offender has complied with the conditions of an order (including the time that has elapsed since its commencement) will be a relevant consideration. Guide to Driving Whilst Disqualified It is an offence to: drive a motor vehicle if you have been disqualified from driving; and/or obtain a driving Call: 0800 2800 912 | Email: mail@motordefencesolicitors.co.uk In accordance with section 120 of the Coroners and Justice Act 2009, the Sentencing Council issues this definitive guideline. Guideline users should be aware that the Equal Treatment Bench Book covers important aspects of fair treatment and disparity of outcomes for different groups in the criminal justice system. If you’re caught driving following a ban, the police will arrest you on the spot and a court will decide your fate. 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. 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. The Court should determine the offence category using the table below.The court should determine the offender’s culpability and the harm caused with reference only to the factors below. You are a good lawyer and a good man, a rare combination indeed. Care should be taken to avoid double counting matters taken into account when considering previous convictions. Code TT99 must stay on a driving record for 4 years from the date of conviction. Where an offender has used their good character or status to facilitate or conceal the offending it could be treated as an aggravating factor. Criminal Cases Review Commission. Driving whilst disqualified is not a minor driving offence. There are no exceptions in the law. 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 whilst disqualified is a serious offence with far-reaching consequences. Note: Excludes suspension or cancellation under the Fines Act 1996. 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. 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. Under the Act, it is an offence for a person to drive a motor vehicle on any road whatsoever without having a valid driver’s licence for that specific purpose. Disqualification of company directors, 16. If you are facing prosecution for driving whilst disqualified, you may not be able to enter a not guilty plea. Forfeiture and destruction of weapons orders, 18. We are highly experienced in defending drivers who been charged with driving whilst disqualified and have secured the best possible outcomes for clients. Regards, F For subsequent offences, the maximum penalty is 2 years imprisonment. It is a way of showing respect and the willingness to adhere to the decision of … The court should then consider further adjustment for any aggravating or mitigating factors. For a first offence of driving while disqualifies, a person faces a fine of up to $3300 and imprisonment for up to six months. Those convicted usually receive a community penalty (which can include unpaid work, curfew and probation appointments) or up to 6 months imprisonment. Effective 28 October 2017. The maximum penalty for driving whilst disqualified is 4 months imprisonment, providing that it is your first offence. An immature offender may find it particularly difficult to cope with custody and therefore may be more susceptible to self-harm in custody. I would like to thank you again for your awesome help and all you have done to win my case. See the guidance on extending disqualification when imposing custody. I would just like to say it was excellent to have yourself representing me. They had a hand-held laser gun and stated that I was travelling at 123 mph. 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. Driving whilst disqualified is a very serious road traffic offence for which you can go to prison. An immature offender may find it particularly difficult to cope with the requirements of a community order without appropriate support. I have recommended many people to Brian over the years because he is very good (great even!!) It is not necessary for the prosecution to prove that the defendant knew that he was disqualified. I hasten to add that I was innocent and in due course Brian handled my problem efficiently with the minimum of fuss and I was very happy with the outcome. Brian represented me in relation to a motoring case in a highly professional manner and was able to bring the matter to a successful conclusion. Throughout the past month you have not only been a great source of advice, but a pleasure to deal with and a calming influence on several occasions. Thanks so much for your kind e-mail and information. The offence is subject to a discretionary disqualification. This factor may apply whether or not the offender has previous convictions. I did not know any solicitors at the time so I did some detailed research and rang Brian Koffman and Co. (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. See also the Sentencing Children and Young People Guideline (paragraphs 6.1 to 6.3). Driving whilst disqualified is a very serious road traffic offence for which you can go to prison. It has been an absolute pleasure dealing with you. Driving whilst disqualified is a summary-only offence so Code E doesn't require the interview be audio recorded. Driving whilst disqualified is a serious offence, as it effectively constitutes a defiance of, and contempt for, an order of the court. I wish you all the best for the future and I really appreciate what you have done for me. Since then I have unfortunately had to use Brian for a combination of motoring offences, some I was guilty of and some not. Driving whilst disqualified is an 'absolute offence' which means there are few valid defences. Custody should not be imposed where a community order could provide sufficient restriction on an offender’s liberty (by way of punishment) while addressing the rehabilitation of the offender to prevent future crime. 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. In particular, a Band D fine may be an appropriate alternative to a community order. The emotional and developmental age of an offender is of at least equal importance to their chronological age (if not greater). Driving while disqualified Legislation. I am writing this testimonial as I am extremely pleased with the professional service that I received from Brian Koffman and Co. with regard to a driving offence that I was alleged to have committed in June. Where the offender is dealt with separately for a breach of a licence or order regard should be had to totality. 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. 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. Driving Whilst Disqualified. Step 1 – Determining the offence category, Failure to comply with current court orders (not including the current order for disqualification), Offence committed on licence or post sentence supervision, Age and/or lack of maturity where it affects the responsibility of the offender, Serious medical condition requiring urgent, intensive or long-term treatment, Sole or primary carer for dependent relatives. We are all most grateful for your support throughout these past difficult months, and for the work that you have undertaken on Nik's behalf with such excellent results. Further, under section 54, you can be charged with driving whilst suspended, disqualified or with a cancelled licence. However, you should take note to address your honor in this case. Those convicted usually receive a community penalty (which can include unpaid work, curfew and probation appointments) or up to 6 months imprisonment. 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).. Firstly, thank you so much for all your help with Sam's case - it was very much appreciated and the outcome most satisfactory. Sentencers must consider all available disposals at the time of sentence; even where the threshold for a community sentence has been passed, a fine or discharge may be an appropriate penalty. The help I received from yourself has been exceptional and wouldn't have any issues if I require any motoring help to come to you. Similarly, driving whilst disqualified means that the police have caught you driving without a valid licence by way of court ordered disqualification for a certain period of time. 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." I am very grateful to you for the way in which you prepared and conducted the case. If you ever have the need, I would be happy to restate these words to a prospective client or anybody else. In considering this the court must NOT consider any licence or post sentence supervision requirements which may subsequently be imposed upon the offender’s release. the offender’s responsibility for the offence and. *The maximum sentence that applies to an offence is the maximum that applied at the date of the offence. This guidance deals with a number of the most serious offences that directly result from or relate to a driving incident and the way in which a motor vehicle has been driven. Such a professional client-centred service from beginning to end. Driving while disqualified – section 3ZC of the Road Traffic Act 1988; and; Wanton and furious driving - this offence can be used when offences under the Road Traffic Act 1988 are unavailable, for example, when a vehicle is not driven on a “road or public place”, or … Effective 28 October 2017. Customer: I have appealed desicion my self to the crown court and appeal was granted sentence suspended JA: Anything else you want the Lawyer to know before I connect you? Viewed by the Courts as a serious driving offence, the charge of driving whilst disqualified (penalty code BA10) can carry heavy punishments. Before meeting you I went through different Lawyers enquiring, but when I read your reviews, I knew you were the right lawyer for me. (b) state in open court that the offence is so aggravated. 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. The following guidance should be considered when seeking to determine the degree to which previous convictions should aggravate sentence: Section 65 of the Sentencing Code states that: (1) This section applies where a court is considering the seriousness of an offence (“the current offence”) committed by an offender who has one or more relevant previous convictions. The Crown Prosecution Service (CPS) recognises that being open and transparent about how our practices and procedures are applied by prosecutors when reaching charging and other casework decisions is vital to increasing public confidence in the way we operate. Driving whilst disqualified is a criminal offence and those accused of committing this offence often find themselves charged as opposed to being summonsed. Previous convictions are likely to be ‘relevant’ when they share characteristics with the current offence (examples of such characteristics include, but are not limited to: dishonesty, violence, abuse of position or trust, use or possession of weapons, disobedience of court orders). When considering the totality of previous offending a court should take a rounded view of the previous crimes and not simply aggregate the individual offences. The Vehicle and Traffic Act 1999 makes it an offence to drive whilst your licence is suspended or disqualified in Tasmania. Environment plays a role in neurological development and factors such as adverse childhood experiences including deprivation and/or abuse may affect development. 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. 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. The Criminal Cases Review Commission is the independent public body set up to investigate possible miscarriages of justice. This is a huge relief. For further information see Imposition of community and custodial sentences. Find out what we could do for you by filling out the form below. I will be recommending you to people. In Queensland, someone convicted of driving on a suspended licence faces the same penalties as someone convicted of driving without a valid licence. Introduction to out of court disposals, 5. I can't thank you enough. If you are given a driving ban for say six months then if at any time during that ban you get behind the wheel of a car and go on the road then you are driving whilst disqualified. 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. In cases involving significant persistent offending, the community and custody thresholds may be crossed even though the current offence normally warrants a lesser sentence. 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. See also the Imposition of community and custodial sentences guideline. the effect of the sentence on the offender. Driving whilst disqualified is an 'absolute offence' which means there are few valid defences. Driving whilst disqualified is a serious offence. Do not retain this copy. 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. Immaturity can also result from atypical brain development. Imposition of fines with custodial sentences, 2. 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. I felt tears of joy from the way you fought my case. Mrs. L, Dear Brian What is ‘driving while suspended’? Drink Driving at Christmas in Manchester1 Aggravation related to disability, sexual orientation or transgender identity – statutory provisions, 1. Everything was very smooth-running from the initial contact I made with you. Understandably, the court may feel you’ve shown disrespect for the law and could decide to impose a prison sentence. The prospect of death in the near future will be a matter considered by the prison authorities and the Secretary of State under the early release on compassionate grounds procedure (ERCG). At Lewis Nedas Law, our motoring offences specialist department employs highly qualified and experienced solicitors. 1) determine the appropriate period of disqualification for this offence from the table above; 2) add any unexpired period of disqualification as at the date of sentence for this offence; Where immediate custody is being imposed (for this or any other offence sentenced at the same time), to ensure that the offender serves all of the period of disqualification imposed for this offence once released from custody –, 3) add a period of disqualification equivalent to half of the custodial sentence imposed. I am still speechless, thank you so much. There is a greater capacity for change in immature offenders and they may be receptive to opportunities to address their offending behaviour and change their conduct. Thank you for the e-mail explaining everything. Reoffending rates for first offenders are significantly lower than rates for repeat offenders. Through instructing a specialist motoring offence solicitor your chances of receiving an extended ban will greatly diminish. The imposition of a custodial sentence is both punishment and a deterrent. The court should consider the time gap since the previous conviction and the reason for it. 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. Sentencing for the offence of speeding; Maintained. The aggravating effect of relevant previous convictions reduces with the passage of time; Where the previous offence is particularly old it will normally have little relevance for the current sentencing exercise. Since the offence of driving whilst disqualified blatantly disregards the order of the court it is always regarded as a serious offence. 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. A terminal prognosis is not in itself a reason to reduce the sentence even further. This website uses cookies to improve your experience. Penalties for driving on a suspended licence and driving whilst disqualified. Sentencing Guidelines - Magistrates' Court - Road Traffic Offences. Disqualification until a test is passed, 6. Thank you for all the work you did for me. 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. The outcome was far better than we could have imagined and has been a great relief to us all. I have now had a couple of days to calm down after the events of Wednesday and had a little time to reflect. A court wishing to impose onerous or intensive requirements should reconsider whether a community sentence might be more appropriate. Magistrates: Consult your legal adviser before deciding to sentence to custody without a pre-sentence report. In circumstances like these, you’ll need the help of a team of expert solicitors at Richard Silver. 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. We cannot thank you enough. (Young adult care leavers are entitled to time limited support. Tips for writing an apology to court for a driving offense. When assessing whether a previous conviction is ‘recent’ the court should consider the time gap since the previous conviction and the reason for it. any effect of the sentence on the health of the offender and, any effect of the sentence on the unborn child. Can fulfil all of the purposes of sentencing to reflect drawn into little! Reasons for, and the reason for it offence solicitors on 0161 832 3852 or complete the form. Of appeal but you can go to prison including those already taken into account in assessing culpability or harm serious. Person to be up to £5000 and 12 months imprisonment was driving a. To an offence is so aggravated onto public roads sentence supervision is under a obligation! Is ‘ serious enough to warrant such a sentence, it may impose one more... 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