Driving whilst Disqualified and No Insurance – Charges withdrawn and no activation of suspended sentence

Hojol Uddin and Elisha Kaur successfully represented an individual who was at risk of  an immediate custodial following charges of Driving whilst Disqualified, Driving without Insurance and Obstructing a Police Officer. A potential immediate custodial sentence was highly likely due to the offence allegedly being committed whilst on subjected to a suspended sentence order.

Mr. A confirmed that any custodial sentence and addition period for disqualification would have a devastating impact on his family life as he was the sole breadwinner of his household and caregiver to his mother. Mr. A also confirmed that has made active changes since his previous convictions to try and rehabilitate and a custodial sentence would have a negative impact on his personal development.

Prior to the hearing taking place, JMW Solicitors prepared the individual’s important mitigation for his plea and sentencing Hearing. The mitigation was to cover all areas of personal mitigation including medical conditions, family responsibilities, financial commitments, and impact on his business.

JMW Solicitors were able to negotiate with the Prosecutor at the hearing to have both the Driving whilst Disqualified and Driving without Insurance withdrawn due to the lack of evidence presented by the Prosecution. The police had failed to evidence the driving element therefore, were unable to satisfy a critical part of the charges.  

Mr A then entered a guilty plea to the obstructing a Police Officer charge and was sentenced to a £200 fine. An additional £200 fine was given in relation to the breach of suspended sentence order. Therefore, avoiding any imposition of a custodial sentence.