Tips for writing an apology to court for a driving offense. In particular, a Band D fine may be an appropriate alternative to a community order. 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. 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. 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. 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. 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 offence is subject to a discretionary disqualification. The court should then consider further adjustment for any aggravating or mitigating factors. UK Figures from 2016 record 240 deaths, 1260 serious injuries and over 9000 ca, With the introduction of new fines for speeding offences on April 24th 2017, the risks are greater than ever if you are, The penalties for talking on the phone and driving can be severe, especially for newly qualified drivers. A court wishing to impose onerous or intensive requirements should reconsider whether a community sentence might be more appropriate. The maximum penalty for driving whilst disqualified is 4 months imprisonment, providing that it is your first offence. (b) the time that has elapsed since the conviction. The Criminal Cases Review Commission is the independent public body set up to investigate possible miscarriages of justice. I am delighted to recommend Brian Koffman to anyone facing a motoring prosecution. If you can proof that you were not driving the vehicle whilst disqualified, you could avoid being prosecuted. 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. From our first call, I had a good feeling that you could win the appeal, now I am happy that I felt right. The 29-year-old pleaded guilty to the offence at Basingstoke magistrates court last week. In fact, the offence of driving whilst disqualified is found under section 54.1 of the Road Transport Act 2013 which states that: c. Driving while disqualified A more serious offence related to driving licences is “driving while disqualified”. Driving a motor vehicle whilst disqualified is a criminal offence and if found guilty, carries severe penalties. Where the means of the offender are limited, priority should be given to compensation (where applicable) over payment of any other financial penalty. A large number of factors can lead to disqualification. I felt tears of joy from the way you fought my case. You played the part of a very astute detective. It shows disqualification under ‘totting-up’ - if the total of penalty points reaches 12 or more within 3 years, the driver can be disqualified. Thanks Brian. Customer: first time offence, was driving whilst disqualification end 1 more before from 6 months JA: Do you need to appear in court? Driving whilst disqualified is not a minor driving offence. Penalty notices – fixed penalty notices and penalty notices for disorder, 7. Drink Driving at Christmas in Manchester1 Aggravation related to disability, sexual orientation or transgender identity – statutory provisions, 1. Only the online version of a guideline is guaranteed to be up to date. This website uses cookies to improve your experience. 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. Driving while disqualified is a strict liability offence. Whilst it is possible to receive six points for this offence, it is more common for Courts to sentence disqualified drivers to an extended period of disqualification. Forfeiture or suspension of liquor licence, 24. 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). If you have been disqualified from driving, you should not take a car out onto public roads. An immature offender may find it particularly difficult to cope with custody and therefore may be more susceptible to self-harm in custody. The guidance replaces the two previous documents published i… Care should be taken to avoid double counting factors including those already taken into account in assessing culpability or harm. It has been an absolute pleasure dealing with you. If you are found guilty of driving whilst disqualified, this could result in: A fine of up to £5,000; Driving Whilst Disqualified. Triable only summarily Maximum: Unlimited fine and/or 6 months Offence range: Band C fine – 26 weeks’ custody. This guideline applies only to offenders aged 18 and older. A conviction for me would have been devastating and the professional way in which you dealt with the case made all the difference. See the guidance on extending disqualification when imposing custody. I was driving on the A46 dual carriageway and two police officers stopped me. Thanks so much for your kind e-mail and information. I cannot thank Brian enough for all the hard work he put in to get this result. Forfeiture and destruction of weapons orders, 18. Destruction orders and contingent destruction orders for dogs, 9. People go to prison for driving whilst disqualified very regularly. Disqualification from ownership of animals, 11. This information is necessary as all disqualification periods must begin on the day of sentence – there is no provision for consecutive disqualifications. I would like to thank you again for your awesome help and all you have done to win my case. It provides guidance which sentencers are encouraged to take into account wherever applicable, to ensure that there is fairness for all involved in court proceedings. * If order does not contain a punitive requirement, suggested fine levels are indicated below: Sentencing flowcharts are available at Imposition of Community and Custodial Sentences definitive guideline. Former Manchester United and England Under-21 International Footballer, Understanding new fines for speeding offences, briankoffman@motoringoffencesolicitors.co.uk. If a custodial sentence is imposed it should be proportionate and kept to the necessary minimum. Driving whilst disqualified is a serious offence. The fine should meet, in a fair and proportionate way, the objectives of punishment, deterrence and the removal of gain derived through the commission of the offence. Driving whilst disqualified is a summary-only offence so Code E doesn't require the interview be audio recorded. If not disqualifying the court must impose 6 points, *Disqualification To determine the overall period of disqualification –. Motoring Offence Solicitors offer the very best privately funded legal representation to clients accused of driving offences in Manchester and across the UK. Disqualification is an order of the court. Your calm, measured and logical approach gave me hope and the tools to resolve my situation. An offender who is subject to licence or post sentence supervision is under a particular obligation to desist from further offending. Driving While Disqualified. Evidence that an offender has demonstrated positive good character through, for example, charitable works may reduce the sentence. Reduced period of disqualification for completion of rehabilitation course, 7. It is also an offence to obtain a driving licence whilst disqualified; if you do so you may face a separate prosecution for this. The court should consider the time gap since the previous conviction and the reason for it. 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. Dear Mr Koffman, There are no greys and no maybes. As a general rule a penalty of imprisonment will be imposed by the sentencing court. 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. Thanks. What the Police must Prove. Thank you so much for the role you have played in my life. Driving Whilst Disqualified. Where any such actions are the subject of separate charges, this should be taken into account when assessing totality. No. Note: Excludes suspension or cancellation under the Fines Act 1996. 2) Is it unavoidable that a sentence of imprisonment be imposed? I am very grateful for your support and pleased with the way you represented me. Driving whilst disqualified is an 'absolute offence' which means there are few valid defences. Regards, Suggested starting points for physical and mental injuries, 1. Driving while disqualified Legislation. 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. A community order must not be imposed unless the offence is ‘serious enough to warrant such a sentence’. It has been a genuine pleasure to have met you and for you to have taken on my case. We will thoroughly check all the evidence against you and help with mitigation in building your defence in order to minimise the sentence handed to you. Further, under section 54, you can be charged with driving whilst suspended, disqualified or with a cancelled licence. 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. 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. You are a credit to your firm and I would highly recommend you to anybody looking for your services. 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. There was an outstanding amount of professionalism throughout our conversations and I felt very comfortable speaking to yourself around the issues that I was facing and I feel that it's very important that you have that relationship with your clients. 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. For more serious offences where a substantial period of custody is appropriate, this factor will carry less weight. 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. For advice from expert solicitors call our 24/7 driving offence helpline on 01616 966 229. I would just like to say it was excellent to have yourself representing me. 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