We were hugely impressed by the way you dealt with the prosecution on Wednesday and your manner in the courtroom. Driving whilst Disqualified – Motoring Offence Driving whilst disqualified is a very serious offence and is viewed extremely seriously by the Court. Once charged they are bailed to attend Court by the police. This information is necessary as all disqualification periods must begin on the day of sentence – there is no provision for consecutive disqualifications. Brian has always been helpful to the nth degree, always giving every job the importance it deserves. the effect of the sentence on the offender. Disqualification is discretionary but … Where the offender is dealt with separately for a breach of an order regard should be had to totality. 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. This crime is generally taken quite seriously by the courts. Penalties for driving whilst disqualfied. 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. 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. This is different than a suspension period. Driving when disqualified. Only the online version of a guideline is guaranteed to be up to date. For advice from expert solicitors call our 24/7 driving offence helpline on 01616 966 229. 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. 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. 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. Thank you so much for the role you have played in my life. 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. You also reassured me on many occasions with any concerns and worries that I had. In general, only one requirement will be appropriate and the length may be curtailed if additional requirements are necessary, More intensive sentences which combine two or more requirements may be appropriate. The more sophisticated, extensive or persistent the actions after the event, the more likely it is to increase the seriousness of the offence. Effective 28 October 2017. What is ‘driving while suspended’? For a person to be found guilty of the offence of driving whilst disqualified, the … Many thanks indeed for all your work in achieving the outcome of Nik's court case last week. Passing the custody threshold does not mean that a custodial sentence should be deemed inevitable. Mr Galbraith was also made to pay a victim surcharge of £122. Address the letter to ‘your honor’. Penalties for driving whilst disqualfied. 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. I would like to thank you again for your awesome help and all you have done to win my case. There is no general definition of where the custody threshold lies. 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. I will endeavour to be a better driver going forward. I would like to thank Mr Koffman for his most excellent work on my most 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. Disqualification of company directors, 16. In fact, the offence of driving whilst disqualified is found under section 54.1 of the Road Transport Act 2013 which states that: 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. 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). I felt tears of joy from the way you fought my case. Thanks Brian. 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. 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. Firstly, thank you so much for all your help with Sam's case - it was very much appreciated and the outcome most satisfactory. There are many reasons why a licence will be suspended or disqualified. With over 25 years experience, Martin Amad is one of Victoria’s leading solicitors who can provide you with the advice you need. 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 cases involving significant persistent offending, the community and custody thresholds may be crossed even though the current offence normally warrants a lesser sentence. The Commission assesses whether convictions or sentences should be referred to a court of appeal. As a general rule a penalty of imprisonment will be imposed by the sentencing court. You may know that you have been driving whilst disqualified. Driving Whilst Disqualified. Kind regards, find out what drives one of the most successful solicitors within the UK, Copyright © 2018 Motoring Offence Solicitors - Brian Koffman & Co. | All rights reserved | Privacy Policy | Complaints PolicyTel: 0161 832 3852 | Email:  briankoffman@motoringoffencesolicitors.co.uk | Address: New Maxdov House, 130 Bury New Road, Prestwich, Manchester M25 0AA, Vat Number: 305123021 | SRA number: 54265, Mobile Phone Use While Driving Laws to change to Combat Loophole used in Driving Offence Cases Thanking you. Your calm, measured and logical approach gave me hope and the tools to resolve my situation. 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. 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 It is a way of showing respect and the willingness to adhere to the decision of … 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. Driving a motor vehicle whilst disqualified is a criminal offence and if found guilty, carries severe penalties. 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. 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. 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. Driving whilst disqualified is a serious offence, as it effectively constitutes a defiance of, and contempt for, an order of the court. 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. However, through enlisting the services of a highly experienced and knowledgeable motoring offence specialist, you will bolster your chances of receiving a lighter punishment. 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. There are no exceptions in the law. Words can't express how grateful I am. For these reasons first offenders receive a mitigated sentence. in most cases, letters are addressed to ‘dear’. 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. Useful information can be found in the Equal Treatment Bench Book (see in particular Chapter 6 paragraphs 94-100). If you can proof that you were not driving the vehicle whilst disqualified, you could avoid being prosecuted. I wish you all the best for the future and I really appreciate what you have done for me. Reoffending rates for first offenders are significantly lower than rates for repeat offenders. Disqualification until a test is passed, 6. *The maximum sentence that applies to an offence is the maximum that applied at the date of the offence. A person driving a vehicle whilst his/her licence is suspended or disqualified (regardless of the reason they have been suspended/disqualified) faces a maximum penalty of imprisonment for 6 months for a first offence and imprisonment of up to 2 years for a subsequent offence [s 91(5)]. 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. 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. Sentences should not necessarily escalate from one community order range to the next on each sentencing occasion. Driving Offences may include Drink Driving, Driving whilst disqualified, Unlicensed Driving, Culpable Driving and Dangerous Driving. For a first offence of driving while disqualifies, a person faces a fine of up to $3300 and imprisonment for up to six months. For further information see Imposition of community and custodial sentences. 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. Either or both of these considerations may justify a reduction in the sentence. We have expertise in the various specialised defences for driving whilst disqualified, and our team can skilfully handle cases in … 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. Since then I have unfortunately had to use Brian for a combination of motoring offences, some I was guilty of and some not. Note: Check the period which remains on the existing disqualification, and the expiry date. I would highly recommend Brian Koffman to represent anyone in need of a defence for this type of offence. 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. Absolutely fantastic working with you and your team. 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. 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. 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. Additional disqualifications can also be imposed. There is also an obligatory endorsement of 6 penalty points. What the Police must Prove. In circumstances like these, you’ll need the help of a team of expert solicitors at Richard Silver. 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. The requirements are identical to those available for community orders, see the guideline on Imposition of Community and Custodial Sentences. Disqualification in the offender’s absence, 9. Driving Whilst Disqualified. 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. See also the Sentencing Children and Young People Guideline (paragraphs 6.1 to 6.3). 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. I am extremely grateful as it helped make a very difficult few months a little easier to get through. When assessing whether a previous conviction is ‘recent’ the court should consider the time gap since the previous conviction and the reason for it. Offence committed for ‘commercial’ purposes, 11. recent need to defend 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. 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 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 court should then consider further adjustment for any aggravating or mitigating factors. I have absolutely no doubt that I would not be driving to work today if it wasn't for your professionalism and judgement in dealing with our plight. My sincere thanks to you for your help. Previous convictions of a type different from the current offence. ­When imposing a community sentence on an offender with primary caring responsibilities the effect on dependants must be considered in determining suitable requirements. In accordance with section 120 of the Coroners and Justice Act 2009, the Sentencing Council issues this definitive guideline. Reference should be made to the latest provisions in the law for detailed information on specific offences and penalties. The maximum penalty for driving whilst disqualified is 4 months imprisonment, providing that it is your first offence. If not disqualifying the court must impose 6 points, *Disqualification To determine the overall period of disqualification –. 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. 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. the custody threshold has been passed; and, if so. 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. I have recommended many people to Brian over the years because he is very good (great even!!) 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. I was able to speak directly with Brian and discuss my concerns in detail. 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. * 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. 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). This is a huge relief. If this was your first offence, you could end up paying a $4,400 fine and spending up to a year in jail. It has been a genuine pleasure to have met you and for you to have taken on my case. Do not retain this copy. any effect of the sentence on the health of the offender and, any effect of the sentence on the unborn child. Driving While Disqualified. Evidence that an offender has demonstrated positive good character through, for example, charitable works may reduce the sentence. Driving a motor vehicle whilst disqualified is a criminal offence and if found guilty, carries severe penalties. Care should be taken to avoid double counting matters taken into account when considering previous convictions. evaluate the consequences of their actions. Since the offence of driving whilst disqualified blatantly disregards the order of the court it is always regarded as a serious offence. This factor may apply whether or not the offender has previous convictions. Disqualification from driving – general power, 10. Extension period of disqualification from driving where a custodial sentence is also imposed, 2. The court should determine the offender’s culpability and the harm caused with reference only to the factors below. 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. 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. In general the more serious the previous offending the longer it will retain relevance. If a custodial sentence is imposed it should be proportionate and kept to the necessary minimum. 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. Driving whilst disqualified is an 'absolute offence' which means there are few valid defences. An immature offender may find it particularly difficult to cope with custody and therefore may be more susceptible to self-harm in custody. We cannot thank you enough. You will then be subject to a recorded interview. Our client had a history of domestic violence and breaching Apprehended Violence Orders which earned him the section 12 bonds. The court should consider the time gap since the previous conviction and the reason for it. Dear Brian, Thank you for your help in this matter. We are highly experienced in defending drivers who been charged with driving whilst disqualified and have secured the best possible outcomes for clients. The outcome was far better than we could have imagined and has been a great relief to us all. 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. 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). Motoring Offence Solicitors offer the very best privately funded legal representation to clients accused of driving offences in Manchester and across the UK. This has saved my licence, a large fine, a huge rise in my insurance premiums and my costs. Sentencing for the offence of speeding; Maintained. Where the means of the offender are limited, priority should be given to compensation (where applicable) over payment of any other financial penalty. 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. Code TT99 must stay on a driving record for 4 years from the date of conviction. (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. 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. Driving while disqualified. Driving Whilst Disqualified. Approach to the assessment of fines - introduction, 6. iv) When the court suspends a sentence, it may impose one or more requirements for the offender to undertake in the community. When considering a custodial or community sentence for a young adult the National Probation Service should address these issues in a PSR. driving whilst disqualified . Thank you for the e-mail explaining everything. If you can proof that you were not driving the vehicle whilst disqualified, you could avoid being prosecuted. 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). I am very grateful to you for the way in which you prepared and conducted the case. First time offenders usually represent a lower risk of reoffending. Driving whilst disqualified, cancelled, suspended or refused Note: Excludes suspension or cancellation under the Fines Act 1996. Find out what we could do for you by filling out the form below. 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 … (2) The court must treat as an aggravating factor each relevant previous conviction that it considers can reasonably be so treated, having regard in particular to—, (a) the nature of the offence to which the conviction relates and its relevance to the current offence, and. Destruction orders and contingent destruction orders for dogs, 9. If you are found guilty of driving whilst disqualified, this could result in: A fine of up to £5,000; Genuinely appreciate your support and guidance. 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. 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.

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