Defences to Driving whilst Disqualified
Our leading road traffic solicitor, Mr Hatvany, will always first see if a defence is available. The prosecution have to prove beyond reasonable doubt that you were disqualified and that it was you who was driving at the time. If they can’t prove both these points then the prosecution will fail. Numerous other defences may also be available.
When someone acquires 12 penalty points or more they have to be banned by the Magistrates Court for at least 6 months. Sometimes, such a driving disqualification can be imposed in the driver’s absence. The driver may not know they have been disqualified because they did not receive the court’s letter informing them of the driving disqualification. They may then have driven and, therefore, unknowingly driven whilst disqualified. In such a case we would always first ask the prosecution if they would be willing to drop the case against you. If they refused, then we could argue “special reasons” before the court. In this case the special reason would be that it wasn’t your fault that you drove while disqualified because you didn’t know that the disqualification had been imposed. This is not a defence, however, if the court is sympathetic and they do find special reasons then they do not have to punish you.
The Penalty for Driving Whilst Disqualified
If you plead guilty, or are found guilty, of this offence then the magistrates must impose 6 penalty points on your licence, or disqualify you for a further time. As has been mentioned, they may also seriously consider sending you to prison. If you are not sent to prison then the magistrates are likely to sentence you to a curfew or unpaid work order. They can also impose an unlimited fine. The help of a good motoring solicitor can often persuade the magistrates to be lenient.
Why you should use Speeding Law Solicitors if you Face an Allegation of Driving Whilst Disqualified
Philip Hatvany, our specialist solicitor, has over 20 years experience in dealing with matters of this type. He regularly attends Bath, Portsmouth, Southampton, Cardiff, Bristol, Coventry, Reading, Oxford and Birmingham Magistrates' Courts. He is often in London Magistrates Courts also. Even if your case is due to be heard further afield, we have a select pool of skilled barristers, located throughout England and Wales, who operate under Mr Hatvany’s supervision. In such cases Mr Hatvany would still carry out all the preparation. Call Philip Hatvany now for a FREE telephone consultation on FREEPHONE 0800 909 8110 if you face an allegation of driving whilst disqualified.
Causing Death by Disqualified Driving
This is a much more serious offence. 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 and the death of an individual. Following the judgement of the Supreme Court in the case of R v Hughes (2013) it was found that the standard of driving is in fact relevant in such cases. There has to be “some act or omission in the control of the car which involves some element of fault and which contributes in some more than minimal way to the death of an individual.”
The Penalty for Causing Death by Disqualified Driving
This is an offence which can be dealt with in both the Magistrates Court and the Crown Court. The maximum prison sentence in the Crown Court is 2 years. The maximum prison sentence in the Magistrates Court is 6 months. Whether you are sentenced in either court, you must be disqualified from driving for a minimum of 12 months.
Why You Should Contact Speeding Law Solicitors If You Are Accused Of Causing Death By Disqualified Driving
This is a very serious offence which almost always results in lengthy prison sentences. There are, however, various defences which may be applicable. Therefore if you face an allegation of death by driving whilst disqualified telephone our specialist motoring law solicitor Philip Hatvany for a free telephone consultation on FREEPHONE 0800 909 8110.