Where information is available on the context of previous offending this may assist the court in assessing the relevance of that prior offending to the current offence, Commission of an offence while subject to a. Criminal justice – where does the Council fit? Forfeiture or suspension of liquor licence, 24. 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. We were hugely impressed by the way you dealt with the prosecution on Wednesday and your manner in the courtroom. 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. Driving a motor vehicle whilst disqualified is a criminal offence and if found guilty, carries severe penalties. (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. My sincere thanks to you for your help. recent need to defend my case. 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. (b) the time that has elapsed since the conviction. Dear Brian. Such a professional client-centred service from beginning to end. Magistrates: Consult your legal adviser before deciding to sentence to custody without a pre-sentence report. I cannot thank Brian enough for all the hard work he put in to get this result. The Criminal Cases Review Commission is the independent public body set up to investigate possible miscarriages of justice. I was able to speak directly with Brian and discuss my concerns in detail. 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. For a first offence of driving while disqualifies, a person faces a fine of up to $3300 and imprisonment for up to six months. The emotional and developmental age of an offender is of at least equal importance to their chronological age (if not greater). 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 Criminal Cases Review Commission is the independent public body set up to investigate possible miscarriages of justice. 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. This is different than a suspension period. Causing Death by Disqualified Driving. Penalty notices – fixed penalty notices and penalty notices for disorder, 7. Suggested starting points for physical and mental injuries, 1. 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. Passing the custody threshold does not mean that a custodial sentence should be deemed inevitable. Thank you so much for the role you have played in my life. On the other hand, if you dispute that you were the driver it will be for the prosecution to establish proof of identification. Finally, let me say this, I am very grateful for the service you rendered to me in representing me at the Liverpool Crown Court. 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. Driving whilst disqualified is a serious offence, as it effectively constitutes a defiance of, and contempt for, an order of the court. There is no statutory maximum period of disqualification. 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. Our client had a history of domestic violence and breaching Apprehended Violence Orders which earned him the section 12 bonds. The offence of driving while disqualified occurs when a person drives on a public road after their license has been disqualified by a court. 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). 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. A 72-YEAR-OLD Hook man has been fined for being drunk whilst riding a bicycle. 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. A terminal prognosis is not in itself a reason to reduce the sentence even further. Useful information can be found in the Equal Treatment Bench Book (see in particular Chapter 6 paragraphs 94-100). General principles to be considered in the sentencing of children and young people are in the Sentencing Council definitive guideline, Overarching Principles – Sentencing Children and Young People. However, you should take note to address your honor in this case. Disqualification from ownership of animals, 11. 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. 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. 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 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. 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. It is a way of showing respect and the willingness to adhere to the decision of … (Young adult care leavers are entitled to time limited support. A court wishing to impose onerous or intensive requirements should reconsider whether a community sentence might be more appropriate. 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: firstname.lastname@example.org If you can proof that you were not driving the vehicle whilst disqualified, you could avoid being prosecuted. I will gladly recommend your service to friends of family that may ever need it. Driving while disqualified. If you are caught driving on a public road in Tasmania, without a valid licence you will be guilty of an offence. Thanking you. Motoring Offence Solicitors offer the very best privately funded legal representation to clients accused of driving offences in Manchester and across the UK. Reference should be made to the latest provisions in the law for detailed information on specific offences and penalties. 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. Many thanks indeed for all your work in achieving the outcome of Nik's court case last week. Everything was very smooth-running from the initial contact I made with you. Section 59(1) of the Sentencing Code provides that: unless the court is satisfied that it would be contrary to the interests of justice to do so.”. At Lewis Nedas Law, our motoring offences specialist department employs highly qualified and experienced solicitors. 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. Reoffending rates for first offenders are significantly lower than rates for repeat offenders. The time for which a sentence is suspended should reflect the length of the sentence; up to 12 months might normally be appropriate for a suspended sentence of up to 6 months. Understandably, the court may feel you’ve shown disrespect for the law and could decide to impose a prison sentence. An absolute offence means that it is Black or White. The offence of driving whilst disqualified covers: those who drive a motor vehicle on a road or road related area whilst their licence is disqualified, and Driving Whilst Disqualified. He was banned from driving for a year and sentenced to six months jail suspended for two years. I would like to thank Mr Koffman for his most excellent work on my most If a custodial sentence is imposed it should be proportionate and kept to the necessary minimum. This is a much more serious offence. If convicted of the offence, you are likely to be prosecuted for both driving whilst disqualified and driving without insurance. Expect your disqualification to be extended as a minimum, along with a fine. Regards. Do not retain this copy. To ensure that the overall terms of the suspended sentence are commensurate with offence seriousness, care must be taken to ensure requirements imposed are not excessive. 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. Whilst some Courts in England and Wales choose to disqualify in a person’s absence, it can be a defence if that person did … 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. 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. Driving when disqualified. However, the court must make clear to the offender that all sentencing options remain open including, in appropriate cases, committal for sentence to the Crown Court. However, this factor is less likely to be relevant where the offending is very serious. No. The following is a non-exhaustive list of additional factual elements providing the context of the offence and factors relating to the offender. It applies to all offenders aged 18 and older, who are sentenced on or after the effective date of this guideline, regardless of the date of the offence.*. A custodial sentence must not be imposed unless the offence or the combination of the offence and one or more offences associated with it was so serious that neither a fine alone nor a community sentence can be justified for the offence. Brian assured me if I went with the firm every detail of the case would be thoroughly investigated and every possible defence scrutinised so if there was a technicality or some other defence available to me, he would find it. In fact, the offence of driving whilst disqualified is found under section 54.1 of the Road Transport Act 2013 which states that: This crime is generally taken quite seriously by the courts. must, in exercising any other function relating to the sentencing of offenders, follow any sentencing guidelines which are relevant to the exercise of the function, Driving shortly after disqualification imposed, Vehicle obtained during disqualification period, The court should determine the appropriate level of fine in accordance with this guideline and. I am very grateful for your support and pleased with the way you represented me. This information is necessary as all disqualification periods must begin on the day of sentence – there is no provision for consecutive disqualifications. Aggravation related to disability, sexual orientation or transgender identity – statutory provisions, 1. Customer: first time offence, was driving whilst disqualification end 1 more before from 6 months JA: Do you need to appear in court? You stood by me on the court day. The court would want very good reasons as to why the disqualification should not be extended. 2) Is it unavoidable that a sentence of imprisonment be imposed? i) The guidance regarding pre-sentence reports applies if suspending custody. 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. The Basics. We'll assume you're ok with this, but you can opt-out if you wish. In considering economic benefit, the court should avoid double recovery. Since then I have unfortunately had to use Brian for a combination of motoring offences, some I was guilty of and some not. Therefore a young adult’s previous convictions may not be indicative of a tendency for further offending. Penalties. 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. The maximum penalty for driving whilst disqualified is 4 months imprisonment, providing that it is your first 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. Where there are previous offences but these are old and /or are for offending of a different nature, the sentence will normally be reduced to reflect that the new offence is not part of a pattern of offending and there is therefore a lower likelihood of reoffending. If you have been disqualified from driving, you should not take a car out onto public roads. 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. The court should consider the time gap since the previous conviction and the reason for it. Mr Koffman,I would like to take this opportunity in thanking you for the very efficient and professional way that you have handled my case. Find out what we could do for you by filling out the form below. 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. Driving whilst disqualified is considered a serious offence, and as such the maximum penalty on conviction is a fine of up to £5000 and/or six months imprisonment. Driving Whilst Disqualified What is the penalty for driving whilst disqualified? If you are facing prosecution for driving whilst disqualified, you may not be able to enter a not guilty plea. However, through enlisting the services of a highly experienced and knowledgeable motoring offence specialist, you will bolster your chances of receiving a lighter punishment. 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. Offences for which penalty notices are available, 5. Automatic orders on conviction for sexual offences, Additional note: Availability of ancillary orders, 1. I am delighted to recommend Brian Koffman to anyone facing a motoring prosecution. 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. He was thoroughly professional throughout and was able to put a case forward that resulted in the Crown Prosecution Service completely dropping the charges against me. Extension period of disqualification from driving where a custodial sentence is also imposed, 2. It is not necessary for the prosecution to prove that the defendant knew that he was disqualified. If you are found guilty of driving whilst disqualified, this could result in: A fine of up to £5,000; (b) state in open court that the offence is so aggravated. It has been a genuine pleasure to have met you and for you to have taken on my case. The decision as to the appropriate range of community order should be based upon the seriousness of the new offence(s) (which will take into account any previous convictions). 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 court should then consider further adjustment for any aggravating or mitigating factors. Thank you for successfully representing me in relation to my excess alcohol trial. If You Need Representation at Court or With The Police? Firstly, thank you so much for all your help with Sam's case - it was very much appreciated and the outcome most satisfactory. If you’re caught driving following a ban, the police will arrest you on the spot and a court will decide your fate. Reduced period of disqualification for completion of rehabilitation course, 7. Sentencing Guidelines - Magistrates' Court - Road Traffic Offences. SPRAGG Alan Christopher 23rd March 2015. Driving whilst disqualified and obtaining a licence whilst disqualified. Racial or religious aggravation – statutory provisions, 2. You also reassured me on many occasions with any concerns and worries that I had. London Road Traffic Offence Solicitors. The imposition of a custodial sentence is both punishment and a deterrent. 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). 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. Driving whilst unlicensed. 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 clear intention of the threshold test is to reserve prison as a punishment for the most serious offences. 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. Imposition of fines with custodial sentences, 2. Genuinely appreciate your support and guidance. Mrs. L, Dear Brian 3) What is the shortest term commensurate with the seriousness of the offence? 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. Regards, You could be sentenced with further penalty points, a community order or even prison … This was a matter of huge importance to me. There is also an obligatory endorsement of 6 penalty points. 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. The offence of driving whilst disqualified covers: those who drive a motor vehicle on a road or road related area whilst their licence is disqualified, and For more serious offences where a substantial period of custody is appropriate, this factor will carry less weight. When considering a custodial or community sentence for a young adult the National Probation Service should address these issues in a PSR. Where the means of the offender are limited, priority should be given to compensation (where applicable) over payment of any other financial penalty. Absolutely fantastic working with you and your team. Driving whilst, Peter Hook (New Order/Joy Division). I will be recommending you to people. Writing a testimonial for Brian is probably one of the easiest things I could ever do! Causing Death by Disqualified Driving. 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. You could be sentenced to penalty points, further disqualification or even prison. It shows disqualification under ‘totting-up’ - if the total of penalty points reaches 12 or more within 3 years, the driver can be disqualified. The offence of driving while disqualified occurs when a person drives on a public road after their license has been disqualified by a court. 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. If necessary, the court may compel the disclosure of an individual offender’s financial circumstances pursuant to, The seriousness of the offence should be the. 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. You played the part of a very astute detective. See the guidance on extending disqualification when imposing custody. If you ever have the need, I would be happy to restate these words to a prospective client or anybody else. 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. See also the Imposition of community and custodial sentences guideline. Only the online version of a guideline is guaranteed to be up to date. There are many reasons why a licence will be suspended or disqualified. Where an offender has used their good character or status to facilitate or conceal the offending it could be treated as an aggravating factor. Sentencing for the offence of speeding; Maintained. 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. The court should take account of any potential reduction for a guilty plea in accordance with section 73 of the Sentencing Code and the Reduction in Sentence for a Guilty Plea guideline. I am very grateful to you for the way in which you prepared and conducted the case. Where an offender has turned 18 between the commission of the offence and conviction the court should take as its starting point the sentence likely to have been imposed on the date at which the offence was committed, but applying the purposes of sentencing adult offenders. 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). Tips for writing an apology to court for a driving offense. From our first call, I had a good feeling that you could win the appeal, now I am happy that I felt right. I really appreciate it. Driving Whilst Disqualified. Offence committed for ‘commercial’ purposes, 11. Driving Whilst Disqualified What is the penalty for driving whilst disqualified? I have recommended many people to Brian over the years because he is very good (great even!!) Mr Galbraith was also made to pay a victim surcharge of £122. Driving whilst Disqualified – Motoring Offence Driving whilst disqualified is a very serious offence and is viewed extremely seriously by the Court. When assessing whether a previous conviction is ‘recent’ the court should consider the time gap since the previous conviction and the reason for it. 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. I am extremely grateful as it helped make a very difficult few months a little easier to get through. Driving whilst disqualified, cancelled, suspended or refused. 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. You are a good lawyer and a good man, a rare combination indeed. 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. If you are convicted, your driving ban will usually be extended or, you will receive penalty points. 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 … You were very honest throughout and always kept me informed from the beginning in terms of the outcome of the case. For a first offence of driving while disqualifies, a person faces a fine of up to $3300 and imprisonment for up to six months. In Queensland, someone convicted of driving on a suspended licence faces the same penalties as someone convicted of driving without a valid licence. Further, under section 54, you can be charged with driving whilst suspended, disqualified or with a cancelled licence. As a general rule a penalty of imprisonment will be imposed by the sentencing court. For further information see Imposition of community and custodial sentences. People go to prison for driving whilst disqualified very regularly. Driving Offences may include Drink Driving, Driving whilst disqualified, Unlicensed Driving, Culpable Driving and Dangerous Driving. 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. Immaturity can also result from atypical brain development. Ideally a pre-sentence report should be completed on the same day to avoid adjourning the case. Forfeiture and destruction of goods bearing unauthorised trade mark, 17. My faith in true justice made easy. Before meeting you I went through different Lawyers enquiring, but when I read your reviews, I knew you were the right lawyer for me. Your licence would have been suspended by the court, police, VicRoads or the sheriff.. I am still speechless, thank you so much. 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. 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. The court must impose a sentence that properly meets the aims of sentencing even if it will carry the clear prospect that the offender will die in custody. 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. However, there are many occasions where you may have been disqualified by the courts in your absence and you are unaware you have been committing a driving whilst disqualified offence. For advice from expert solicitors call our 24/7 driving offence helpline on 01616 966 229. 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