Caught driving whilst on ban

[Teekay]

I was banned for drink driving 15 months ago... And was caught driving on the 29th of December... I have gone to court and been told to return on the 29th of January for a pre-sentencing report... What is the likelihood of me receiving a custodial sentence?

 

[SeanJoyceStephensons]

How long were you disqualified from driving in the original drink driving case? The sentencing guidelines for driving whilst disqualified depend on the length of the disqualification already served. If you have served a lengthy period of the disqualification then you are facing anything between a medium level community order and 12 weeks custody, as well as a further 6-12 months disqualification. If this is applicable to your situation then the Magistrates will definitely consider a custodial sentence although it is not certain that they will decide it is appropriate in your case. This offence may well enable you to obtain legal aid, depending upon your household income, because of this and the serious nature of the allegation it is worth getting in contact with a local solicitor to see if they can represent you at the next hearing.