Second offence, with no licence?

Convicted Driver Insurance

madmumof2

New Member
Hi. I've just found this forum and was looking for some answers.

To but a VERY long story short, I split from my abusive partner 3 1/2 years ago and since then he has been aN UTTER ****. We have two children who's heads he has messed up and they have been traumatised by some of the things they have witnessed.

We're going through an access battle right now and he has not seen the children since October, which has turned their behaviour around dramatically for the better.

Anyway, i have just found out that he has been caught drink driving for the second time in a year or so. He has court on Monday. He was driving with no licence after having been banned before (may have been the previous drink driving charge but not sure).

My question is, what is the possibility of him going to prison? I have read he is likely to get a 3 year ban. Not sure about the fine as he has no job.

Obviously this is good for my children in the long run as he has probably shot all chances of having access to them (there are a lot of reasons why it's dangerous for them to have contact but I won't go into that) but for now, as it's nearly xmas, I wanted to know if he will go to prison.

TBH I hope he does, he has never learned from him mistakes and I don't want my children's xmas ruined by a visit from him, which it would be.

Thanks in advance!!
 
There is a link on this site that gives some indication of guidlines for offences...........

Drive whilst disqualified

Road Traffic Act 1988, s.103
Triable only summarily:
Maximum: Level 5 fine and/or 6 months
Must endorse and may disqualify. If no disqualification, impose 6 points
Offence seriousness (culpability and harm)
A. Identify the appropriate starting point


Starting points based on first time offender pleading not guilty
Examples of nature of activity Starting point RangeFull period expired but retest not takenLow level community order Band C fine to medium level community order

6 points or disqualify for 3-6 months Lengthy period of ban already servedHigh level community order Medium level community order to 12 weeks custody

Lengthen disqualification for 6-12 months beyond expiry of current ban Recently imposed ban12 Weeks custody High level community order to 26 weeks custody

Lengthen disqualification to 12-18 months beyond expiry of current ban
Offence seriousness (culpability and harm)
B. Consider the effect of aggravating and mitigating factors


Factors indicating higher culpability:

1. Never passed test
2. Planned long-term evasion
3. Vehicle obtained during ban
4. Driving for remuneration
Factors indicating greater degree of harm:
1. Distance driven
2. Evidence of associated bad driving
3. Offender caused accident
Factor indicating lower culpability:

1. Defendant not present when disqualification imposed and
genuine reason why unaware of ban
2. Genuine emergency establishedMagistrates must:

Form a preliminary view of the appropriate sentence, then consider offender mitigation

Consider a reduction for guilty plea
(up to one third off any sentence imposed)


Consider ancillary orders, including deprivation of property

Decide sentence
Give reasons
 
It is highly likely that a custodial sentence will be considered by the Court if the person in question pleads guilty at Court. This is because the offence was committed so soon into the ban and it suggests that there is no respect being shown to the Court or to the order that was imposed. The Court could suspend the prison sentence if it wanted or could impose a community order. I think it is highly unlikely that anything lower than a Community Order would be imposed.
 
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