Driving whilst disqualified.

[AndyCabs]

I am currently into 22 months of a 36 month ban, second drink driving offence.

I decided to move the car further down the street as an annual bonfire was due to take place close to where my car was parked. Other residents had did the same. On previous occasions my partner did that but I live by myself now. My car was pointing towards the bonfire so in the process of doing the 3-point turn I noticed a police car further down the street. I parked outside my house and the police car passed, stopped and the policewoman came over to me asked for my driving licence by name. I asked her to come into the house as I didnt want neighbours watching what was occurring.

She knew I was a disqualified driver and her partner had also arrived at the house. I was told I was not being arrested as this was my first time of being stopped, but being charged with driving whilst disqualifed as they had seen me and I had admitted it. I answered a few questions which were recorded in the officer's notebook and was told my car was to be possessed and my offence was to be passed to the Prosecution Service for action. I was informed i would likely receive an extension to my ban. My car was possessed and I wasnt given and other documentation except the possession form.

After reading Posts on this forum I am unclear what will happen, will I have to go to court, should I seek advice from a Solicitor. As this is the first time into a lengthy ban and I had mitigating circumstances (Car was parked too close to a bonfire and didnt want it damaged plus I had no-one else to move it etc..) The officer didnt seem to concerned about what would happen, he said I would get the ban increased and would probably be informed by post. This seems very unlikely. Any advice would be wellcome.

 

[Forum Moderator]

I am currently into 22 months of a 36 month ban, second drink driving offence.

I decided to move the car further down the street as an annual bonfire was due to take place close to where my car was parked. Other residents had did the same. On previous occasions my partner did that but I live by myself now. My car was pointing towards the bonfire so in the process of doing the 3-point turn I noticed a police car further down the street. I parked outside my house and the police car passed, stopped and the policewoman came over to me asked for my driving licence by name. I asked her to come into the house as I didnt want neighbours watching what was occurring.

She knew I was a disqualified driver and her partner had also arrived at the house. I was told I was not being arrested as this was my first time of being stopped, but being charged with driving whilst disqualifed as they had seen me and I had admitted it. I answered a few questions which were recorded in the officer's notebook and was told my car was to be possessed and my offence was to be passed to the Prosecution Service for action. I was informed i would likely receive an extension to my ban. My car was possessed and I wasnt given and other documentation except the possession form.

After reading Posts on this forum I am unclear what will happen, will I have to go to court, should I seek advice from a Solicitor. As this is the first time into a lengthy ban and I had mitigating circumstances (Car was parked too close to a bonfire and didnt want it damaged plus I had no-one else to move it etc..) The officer didnt seem to concerned about what would happen, he said I would get the ban increased and would probably be informed by post. This seems very unlikely. Any advice would be wellcome.

Driving whilst disqualified is a serious offence and you will have to attend magistrates court for sentencing when charged. Sentencing guidelines suggest a medium to high level community order OR up to 12 weeks custody AND to lengthen any current disqualification by 6-12 months IF a lengthy period of the current disqualification has already been served.

The fact that you only moved your vehicle a short distance would serve as mitigation. I would suggest you contact and seek advice from a solicitor.

 

[AndyCabs]

I was reading the guides for Magistrates, it seems it could be community service and/or a fine and further disqualification.

I tried to seek an apointment with Solicitor but they will only see me when I receive the Summons from Crown Prosecution Service (CPS), in case they decide not to prosecute. I would imagine they will prosecute.

I have spoken to a few people who seem to know of others who were driving whilst disqualified, they seemed to have got a fine and further disqualification.

This is turning into a nightmare, havnt slept or eating correctly and have taken a few days of work and just stresssing out about the whole experience.

Am I able to get a copy of the CPS report - to see the statements of Police Officers who interviewed me, as when I signed the police officers notebook, I didnt read what was written, I was in shock just couldnt take the gravity of the situation until a few hours after the event.