Advice Needed on Expected Punishment

Convicted Driver Insurance

firemansam007

Well-known member
Dear all,

Apologies for reopening the thread.
I have a question regarding my friend's recent conviction.

He was disqualified for 3 years plus 8 weeks in prison for driving while disqualified and drink driving. This was his 3rd offence in 10 years.

He was banned for 3 years for second offence which ends on July 23. He was further banned in Nov-21 for another 3 years for driving while disqualified and drink driving (breath reading 152 very high).

My question is whether his disqualification which was given in Nov'21 would run concurrently or it will only start after the disqualification for the second offence (ends Jul-23)

DVLA gov.uk website shows his second disqualification, not the one issued in Nov-2021. hence the confusion.

Thanks,

Sam
Please may i request some experts in this forum (J Price) to advise me on this.

Thanks,

Sam
 

price1367

TTC Group
Dear all,

Apologies for reopening the thread.
I have a question regarding my friend's recent conviction.

He was disqualified for 3 years plus 8 weeks in prison for driving while disqualified and drink driving. This was his 3rd offence in 10 years.

He was banned for 3 years for second offence which ends on July 23. He was further banned in Nov-21 for another 3 years for driving while disqualified and drink driving (breath reading 152 very high).

My question is whether his disqualification which was given in Nov'21 would run concurrently or it will only start after the disqualification for the second offence (ends Jul-23)

DVLA gov.uk website shows his second disqualification, not the one issued in Nov-2021. hence the confusion.

Thanks,

Sam

My understanding is that his disqualification runs from the date of his conviction, not at some future date (so in this case from November 2021) unless the court ordered otherwise.
If they followed the guidelines, they should have given him a 3 years and 8 weeks ban from the date of his conviction, as he clearly cannot drive whilst in prison and their sentencing guidelines say the length of the ban should be adjusted to reflect the length of prison sentence that they imposed.
 

firemansam007

Well-known member
My understanding is that his disqualification runs from the date of his conviction, not at some future date (so in this case from November 2021) unless the court ordered otherwise.
If they followed the guidelines, they should have given him a 3 years and 8 weeks ban from the date of his conviction, as he clearly cannot drive whilst in prison and their sentencing guidelines say the length of the ban should be adjusted to reflect the length of prison sentence that they imposed.
Thanks Price.

The situation is he was already banned (second time in 10 years) for 3 years and only 18 months or so of that while caught again (third time). My query is whether the ban for 3rd offence will start immediately or after the ban for second offence finishes.
please advise.

Thanks,

Sam
 

price1367

TTC Group
Sorry, I thought my answer was clear, his conviction this time will run from the date he is disqualified this time, in other words he will be ‘double banned’ for a period of time.
 

firemansam007

Well-known member
Sorry, I thought my answer was clear, his conviction this time will run from the date he is disqualified this time, in other words he will be ‘double banned’ for a period of time.
Thanks Price. That makes it very clear. He was telling me that the court told his ban for third offence will only start after his current ban (for second offence) expires. I think he was confused at court.

Thanks for your help :):).a real gem in the forum 🦸‍♂️

Sam.
 

price1367

TTC Group
Thanks Price. That makes it very clear. He was telling me that the court told his ban for third offence will only start after his current ban (for second offence) expires. I think he was confused at court.

Thanks for your help :):).a real gem in the forum 🦸‍♂️

Sam.

that may change things, the court DO have the power to make the disqualification consecutive rather than concurrent, (in other words start when the previous one finishes) but they have to state that in court….which appears to be the case. If they do state consecutive then by default it is concurrent.
I think he (or you) need to get in touch with his solicitor and seek clarification as to what was imposed on the day.
 

firemansam007

Well-known member
that may change things, the court DO have the power to make the disqualification consecutive rather than concurrent, (in other words start when the previous one finishes) but they have to state that in court….which appears to be the case. If they do state consecutive then by default it is concurrent.
I think he (or you) need to get in touch with his solicitor and seek clarification as to what was imposed on the day.
Hi Price,

Thanks for your response. I think my friend is confused, he says court have told him the disqualification will start only after his prison term.

again he says court have told him the third ban will start only after current ban expires.

I am assuming he will be getting a letter from DVLA (court should notify DVLA about the third disqualification). Given the current delays with DVLA i expect them to update his license record by end of this month. It's a waiting game. Any case it's a long road ahead of him 3+ years plus extended scrutiny from DVLA due to his third conviction with very high readings.

Thanks,

Sam
 

price1367

TTC Group
The bit about the ban starting after his prison sentence is covered in guidance to magistrates by the Sentencing Council, whey say that where someone gets, for example, a 3 year ban and 6 months in prison, they should in fact make it 3 years and 6 month ban, so that there is actually a 3 year ban when the person is free to drive…. Banning someone whilst in prison is pretty pointless but up until 2005 that is what used to happen.
People were given a 12 month ban, and 18 months in prison, so they could not drive while in prison but could drive as soon as they were released!!!!!!

 

Polly3

Well-known member
Hi Price,

Thanks for your response. I think my friend is confused, he says court have told him the disqualification will start only after his prison term.

again he says court have told him the third ban will start only after current ban expires.

I am assuming he will be getting a letter from DVLA (court should notify DVLA about the third disqualification). Given the current delays with DVLA i expect them to update his license record by end of this month. It's a waiting game. Any case it's a long road ahead of him 3+ years plus extended scrutiny from DVLA due to his third conviction with very high readings.

Thanks,

Sam
Plus the challenge of obtaining insurance, not to mention the cost, if he gets licence back.
 
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