Driving whilst Disqualified and No Insurance – Immediate Custody avoided

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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.

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JMW Solicitors Motoring Department is one of the leading experts in motoring offences in England and Wales. Should you require advice please do contact us. You can contact us by calling 0345 872 6666 or by completing our online enquiry form.

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