Driving whilst Disqualified and No Insurance – Immediate Custody avoided

Hojol Uddin and Elisha Kaur successfully represented an Mr. M who was at risk of an immediate custodial sentence of up to 26 weeks and a lengthy driving disqualification period following charges of driving whilst disqualified and driving with no insurance.  Mr. M had been previous represented by Mr. Uddin some years earlier for a dangerous driving with serious injury incident, which we obtained a suspended sentence following a goodyear direction with the Judge.

In brief, the Prosecution alleged that Mr M was stopped by the police following ANPR providing an alert that the vehicle did not have a vehicle excise license. Officers then completed a live PNC check on the vehicle that identified that the vehicle did not have any insurance. It is alleged that Mr M then drove the vehicle, at speed losing the police towards a car garage with a passenger in the vehicle. Initially, Mr M refused to identify himself to officers and stated he did not have his license to hand. Mr M later confirmed he was banned from driving and that he was driving the vehicle.

Mr M instructed JMW Solicitors in order to minimise the overall sentence including avoiding a custodial sentence. JMW Solicitors were able to establish to the Court that although he did not take his extended retest Mr M did not drive during his previous disqualification period therefore reducing the culpability in sentencing. Following various submissions to the Court, Mr M received a 6-month disqualification and a fine of £1,150 therefore avoiding any immediate custody or community order.