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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 64704
Experience:  Over 5 years in practice.
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Hi Im in a bit if a pickle. I was banned from driving having

Resolved Question:

Hi

I'm in a bit if a pickle. I was banned from driving having been asleep in the driver seat of a motionless vehicle. i received a 6month ban and 80 hours community service.

Whilst serving this sentence I was caught again driving a vehicle whilst disqualified and without valid insurance. I went to court and they issued me a further 200 hours community service which i have started and progressing through currently. i have been under alot of stress personally and on medication which has left me quite confused about dates, times etc and declared this to be considered.

I have since been caught again now for the 3rd time driving whilst disqualified and without valid insurance. Now I have been caught for a 3rd time but not yet sentenced. To make matters worse I did not give my own identity but that of the registered driver. Very silly. It has come back to bite me. I panicked and should not have done what I have done but I panicked and really screwed up. I had to make an emergency journey and when stopped by the police panicked and gave them the wrong name.

I am a single father, out of work and have a dependant son of 6yrs who lives with me and crippling debt problems that i am trying to work through. I need to see the police officer tmrw and turn myself in but the mitigating circumstances are that I was panicking, I was trying to get my son home safely.

Am i likely to serve a custodial sentence?

thank you
Submitted: 1 year ago.
Category: UK Traffic Law
Expert:  Jo C. replied 1 year ago.
Hi

Thank you for your question and welcome to Just Answer. My name is XXXXX XXXXX I will try to help with this.

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

What are the dates of your offences?
Customer: replied 1 year ago.

1st offence 'drunk in charge of vehicle' Aug 2012


sentence: driving ban of 4months + 6 points and fine.


 


2nd Nov 2012 offence 'driving whilst disqualified and without valid insurance'


sentence: additional 6 months ban + 80 hours community service


 


3rd offence 11 Feb 2013 'driving whilst disqualified'


sentence: additional 12 months ban + fine + 200 hours


 


4th offence 2nd March 2013 'driving whilst disqualified and without valid insurance' and wrong ID given.


 


Sentence due: subject to police charge tmrw

Expert:  Jo C. replied 1 year ago.
Thanks. I just 15 mins to consider this if thats ok?
Customer: replied 1 year ago.

sure take your time.

Expert:  Jo C. replied 1 year ago.
Thanks

What was the emergency?
Customer: replied 1 year ago.

no emergency. I don't understand. I'm just trying to get advice before seeing the police tmrw.

Expert:  Jo C. replied 1 year ago.
Hi

I thought you had said you were making an emergency journey?
Customer: replied 1 year ago.

oh i see. yes the recent journey was an emergency journey as i had to collect my son who had suffered a fall off some high playground equipment. I had to collect him, he could not walk.

Expert:  Jo C. replied 1 year ago.
Thanks.

Unfortunately that wouldn't get over the hurdle of the defence of necessity I'm afraid. That is a high test. That literally requires something like a medical emergency.

Im afraid I cannot give you any good news. There is no doubt that you are at risk of custody. This is the forth disqualified driving in a short period of time.

That doesn't mean that you will go to prison. It just means the court would consider it but you might persuade them otherwise. It is frankly amazing that they havent' considered it before. The sentence I can think of immediately is a suspended sentence which might avoid it.

On the positive note you are doing your community order which is helpful.

I am very sorry but thats your position.

Can I clarify anything for you?
Jo
Customer: replied 1 year ago.

what is a suspended sentence?

Expert:  Jo C. replied 1 year ago.
A sentence of imprisionment that is suspended and falls to be re sentenced if you commit another offence or otherwise breach the order.

Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 64704
Experience: Over 5 years in practice.
Jo C. and other UK Traffic Law Specialists are ready to help you

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