Banned before sentencing

Convicted Driver Insurance

Avantime

Well Known Member
I'm annoyed. I attended my first hearing on Thursday. I admitted guilt but they have adjourned my case until the end of May in order to produce a report before sentencing and I'm now on probation. As far as I'm aware there has been no consideration of my mitigating factors yet, and yet they decided there and then to put me on an interim ban. This means that they have already taken away my ability to earn money from driving before I've even been sentenced. 😡
 
I'm a little confused as in March you posted:

"I've just been banned for 2 years. I own two cars that I want to keep and continue to insure against theft, fire and damage caused by other drivers. Is it difficult to get insurance while still banned?"

So I assumed you had already been banned, but now you are saying you were only banned on Thursday?

Out of interest, what was the reading and what were the mitigating factors? Interim bans are quite unusual, judging by posts on this forum.
 
I'm a little confused as in March you posted:

"I've just been banned for 2 years. I own two cars that I want to keep and continue to insure against theft, fire and damage caused by other drivers. Is it difficult to get insurance while still banned?"

So I assumed you had already been banned, but now you are saying you were only banned on Thursday?

Out of interest, what was the reading and what were the mitigating factors? Interim bans are quite unusual, judging by posts on this forum.
Sorry about the confusion. In March I was just testing the waters to get a picture of the insurance issues I will face after a ban.

My blood reading was 231. I know that classes me as a HRO and I know it will result in a two year ban and community service.

The duty solicitor at the court told me that due to that blood level they couldn't just sentence me there and then. They have to compile a report based on information from my GP and from an interview I have to do shortly with the probation service that looks into my life situation.

There are a number of what I believe are mitigating factors in my case, one of which is that my offences took place in a small area, mainly off-road. The solicitor representing me will decide which ones to present as apparently it's all to easy to present what you think are mitigating circumstances but which the magistrates see as further incriminating evidence.

Anyway I have just over another month to wait until I finally get sentenced and in the meantime I can't drive which prematurely removes a huge opportunity to work.
 
I'm annoyed. I attended my first hearing on Thursday. I admitted guilt but they have adjourned my case until the end of May in order to produce a report before sentencing and I'm now on probation. As far as I'm aware there has been no consideration of my mitigating factors yet, and yet they decided there and then to put me on an interim ban. This means that they have already taken away my ability to earn money from driving before I've even been sentenced. 😡
It sounds like they have asked the probation service for pre-sentence reports. You will have to see the probation service and they will recommend to the courts whether they think you should be given a prison sentence, community penalty or unpaid work etc. based on their discussions with you and your attitude etc.

This is often the case with high reading prosecutions, the interim ban will be part of the overall ban that you are given so you are not being treated more harshly than someone who would be sentenced in the first sitting.
 
It sounds like they have asked the probation service for pre-sentence reports. You will have to see the probation service and they will recommend to the courts whether they think you should be given a prison sentence, community penalty or unpaid work etc. based on their discussions with you and your attitude etc.

This is often the case with high reading prosecutions, the interim ban will be part of the overall ban that you are given so you are not being treated more harshly than someone who would be sentenced in the first sitting.
The solicitor who is going to represent me at the second hearing (via legal aid) has already said that based on his experience of cases where people face the same charges as me, I won't get a custodial sentence particularly as this is my first offence. I also had a clean licence when my offences occurred.
 
The solicitor who is going to represent me at the second hearing (via legal aid) has already said that based on his experience of cases where people face the same charges as me, I won't get a custodial sentence particularly as this is my first offence. I also had a clean licence when my offences occurred.
If they are giving you legal aid, they are confirming that immediate custody is an option for the courts, otherwise you wouldn't get legal aid.. Very unusual to get prison, but it does happen sometimes. Probably though they may decide to give you a suspended sentence instead of immediate custody if this is the decision. Really depends on the recommendations of the probation service...
 
Legal aid is for anyone that meets the criteria both financially and in the interests of justice assessment. Of course a magistrate can dish out immediate custody if they choose but they have guidelines and according to their chart my offences don't reach the level where custody is the starting point.
 
When I was first in court at the end of November, my sentencing was adjourned by the magistrates until the beginning of January, against the recommendations of the probation service, pending a full all options report. If anything it helped me; it gave the sentencing magistrates a much better picture of me as a person & my actual sentence was far better than the probation service had originally recommended.

As far as the interim ban goes, I can appreciate your frustration, but you’ve pleaded guilty, so you are going to get banned. Surely it’s better you start getting your ban out of the way now, rather than just delaying the inevitable?
 
When I was first in court at the end of November, my sentencing was adjourned by the magistrates until the beginning of January, against the recommendations of the probation service, pending a full all options report. If anything it helped me; it gave the sentencing magistrates a much better picture of me as a person & my actual sentence was far better than the probation service had originally recommended.

As far as the interim ban goes, I can appreciate your frustration, but you’ve pleaded guilty, so you are going to get banned. Surely it’s better you start getting your ban out of the way now, rather than just delaying the inevitable?
Yes I see your point in paragraph 2. I had no choice but to plead guilty really. The charges were factually correct and undeniable. However I'm going to make sure that the magistrates get some context as to the circumstances that lead to and occured during my offences. Time will tell what happens.
 
Yes I see your point in paragraph 2. I had no choice but to plead guilty really. The charges were factually correct and undeniable. However I'm going to make sure that the magistrates get some context as to the circumstances that lead to and occured during my offences. Time will tell what happens.
As I said, the report by the probation service can only help things. They will ask you all about what happened, how remorseful/regretful you are, as well as pretty much asking you about everything to do with your life. From that they compile a detailed report for the magistrates. Try and get some solid character references as well & get your solicitor to submit them to the court. Also ask your solicitor to make sure the magistrates read them (they hadn’t read any of mine until my solicitor pointed them out!!), they definitely helped me.

I was in the same boat as you, had an interim ban & all the worry of what my sentence might be hanging over me all over Christmas. Looking back at it though, I’m glad my sentencing was adjourned.

I hope it goes well for you.
 
Sorry about the confusion. In March I was just testing the waters to get a picture of the insurance issues I will face after a ban.

My blood reading was 231. I know that classes me as a HRO and I know it will result in a two year ban and community service.

The duty solicitor at the court told me that due to that blood level they couldn't just sentence me there and then. They have to compile a report based on information from my GP and from an interview I have to do shortly with the probation service that looks into my life situation.

There are a number of what I believe are mitigating factors in my case, one of which is that my offences took place in a small area, mainly off-road. The solicitor representing me will decide which ones to present as apparently it's all to easy to present what you think are mitigating circumstances but which the magistrates see as further incriminating evidence.

Anyway I have just over another month to wait until I finally get sentenced and in the meantime I can't drive which prematurely removes a huge opportunity to work.
231!!!!

Bloody hell, I thought I was high at 124.

I think you are lucky you aren't dead.

The reason you were given an interim ban is because of this high reading. The magistrate has taken the view that you may still be likely to drink to excess whilst waiting on sentencing and reports to become available.

You just need to live with it I'm afraid. Your ban will start from the date of the interim ban, so you won't serve any longer of an overall ban.
 
231!!!!

Bloody hell, I thought I was high at 124.

I think you are lucky you aren't dead.

The reason you were given an interim ban is because of this high reading. The magistrate has taken the view that you may still be likely to drink to excess whilst waiting on sentencing and reports to become available.

You just need to live with it I'm afraid. Your ban will start from the date of the interim ban, so you won't serve any longer of an overall ban.

Think yours was 124 in breath, wasn't it? Whereas OP was 231 in blood.

Which means you were about 3.5 times the English limit, OP was only 2.9 times.

Edit: I can't imagine anyone blowing 231 at the station would be in any fit state to post in this forum, to be honest!
 
231!!!!

Bloody hell, I thought I was high at 124.

I think you are lucky you aren't dead.

The reason you were given an interim ban is because of this high reading. The magistrate has taken the view that you may still be likely to drink to excess whilst waiting on sentencing and reports to become available.

You just need to live with it I'm afraid. Your ban will start from the date of the interim ban, so you won't serve any longer of an overall ban.
231 refers to blood .
 
Think yours was 124 in breath, wasn't it? Whereas OP was 231 in blood.

Which means you were about 3.5 times the English limit, OP was only 2.9 times.

Edit: I can't imagine anyone blowing 231 at the station would be in any fit state to post in this forum, to be honest!PHew
Think yours was 124 in breath, wasn't it? Whereas OP was 231 in blood.

Which means you were about 3.5 times the English limit, OP was only 2.9 times.

Edit: I can't imagine anyone blowing 231 at the station would be in any fit state to post in this forum, to be hone

Think yours was 124 in breath, wasn't it? Whereas OP was 231 in blood.

Which means you were about 3.5 times the English limit, OP was only 2.9 times.

Edit: I can't imagine anyone blowing 231 at the station would be in any fit state to post in this forum, to be honest!
Phew, thank God for that. I thought you were some kind of superhuman. :):):):):)
 
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