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I have just been disqualified from driving for assaulting a…

Hello I have just...

Hello I have just been disqualified from driving for assaulting a lady stupidly . I was also given a 24 month suspended sentence a £700 fine and 30 days probation . The problem is the disqualification has really messed up my family I am a full time carer to my partner who needs 25 hr care we live rural and I also have 3 kids 2 go to different schools and 1 goes to nursery . Buses are not regular and taxies are expensive, I don't think the solicitor mitigated my circumstances enough and so the courts made a desion based on not much information. Do You think into worth appealing and do you think I would get anywhere if I did appeal.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Uk

Lawyer's Assistant: Do you need to appear in court?

No I have been to court

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't think so

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Answered in 2 minutes by:
9/6/2017
Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 71,536
Experience: Over 5 years in practice.
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Why were you banned?

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Customer reply replied 11 months ago
I was disqualified for assaulting a lady as punishment

We don't disqualify for assault in the UK normally.

What was the nexus to driving?

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Customer reply replied 11 months ago
I'm sorry I don't understand nexus what does that mean ?
Customer reply replied 11 months ago
I don't know if you mean what has assault got to do with being disqualified , but a lady crashed into me at a roundabout , I stupidly lost my temper and I assaulted her it was caught on a dash cam and so I was disqualified in court

Oh Okay.

What were the other offences that you faced?

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Customer reply replied 11 months ago
Just assault nothing else

I'm sorry but there must have been a driving offence.

You cannot be disqualified for an assault

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Customer reply replied 11 months ago
I wasn't convicted of a driving offence I have been disqualified with no endorsement points I don't understand it either I was hoping someone hear could tell me more

Was this before a Magistrates court?

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Customer reply replied 11 months ago
it was I had a solicitor and all that I was very surprised of the result , they mentioned it could be a custodial sentence but I was really stunned when the judge said he's was going to disqualify me I get the fine the suspended sentence and probation but i was shocked at the disqualification

There is some caselaw that allows for a ban if they can show a nexus to the offence.

It arose from the Hunting***** *****fe sciences incidents because some of the protestors had hired cars to get to the locations to commit offences. The Court of Appeal said a ban was acceptable then because it made it harder to commit the offence in the future as it would be harder to hire vehicles. It was really quite case specific.

You can always appeal this matter if the sentence was less than 28 days ago though.

Can I clarify anything for you?

Jo

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Customer reply replied 11 months ago
I understand it's just a bit weird in my case as they have not given me any points just a disqualification, I've asked my solicitor to appeal but in all honesty I think hey want me to just accept my fate
Customer reply replied 11 months ago
also I don't want the judge to extend my sentence and or disqualification so I'm about wary of appealing my solicitor didn't sound all that hopeful

Is that the only punishment?
Nothing else at all?

I'm going to be offline for a couple of hours while I travel home but I'll pick up tonight.

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Customer reply replied 11 months ago
I have 30 days probation 24 month suspended sentence and £700 fine , ok no problem
Customer reply replied 11 months ago
I would like to know if an appeal is worth it as the dash cam footage is quite bad , i haven't got long to appeal as my solicitor dragged it out to the last minute I probably have around 5 days to put in my appeal

When were you sentenced?

I am happy to continue with this but please rate my answer.

Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 71,536
Experience: Over 5 years in practice.
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Jo C. and 87 other UK Traffic Law Specialists are ready to help you
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Customer reply replied 11 months ago
How do I rate ?
Customer reply replied 11 months ago
I was sentenced coming up to about 3 weeks now I think august 23rd

WAs this is in a crown court?

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Customer reply replied 11 months ago
No magistrates courts

You have an automatic right of appeal to the Crown Court then within 28 days of sentence.

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Customer reply replied 11 months ago
I know that I just wanted some advice on if I'd get anywhere if I appealed as the dashcam footage looked quite bad , but having been disqualified has left my family in a bad situation as I'm a full time carer to a severely disabled man

I think it would depend how integral driving was the to the offence.

The court of appeal case was covered by old pupil mistress and I saw it first hand in my first six. The fundamental ratio of the judgment is that a ban made it harder for her to hire cars thereafter and therefore commit like offences.

I must say I'm not sure that principle really applies to a road rage.

Nobody can guarantee anything of course.

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Customer reply replied 11 months ago
Ok thank you for you replies

No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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