A staggering 86,000 Auckland drivers are banned from driving yearly, and with many driving bans being for a number of years, that implies that there are a whole bunch of 1000’s of banned drivers within the Auckland at anybody time. Sadly, many of those drivers elect to proceed driving while disqualified, placing themselves and different highway customers in danger. When you have made the choice to drive while banned for any cause and have been caught doing so, you’re most likely questioning what occurs subsequent and what any potential further punishments is perhaps. On this article, we take a look at the offence of driving while disqualified and look at what it means to be a ‘strict legal responsibility offence’ on this regard. We additionally take a look at the potential sentences and different punishments you would possibly face if you’re caught, and we define the place you will get authorized illustration that will help you together with your defence in court (if it will get that far).
What’s the offence of driving while disqualified?
The offence of driving while disqualified is comparatively simple and is, for essentially the most half, precisely what it feels like. If a driver is disqualified from driving (which means they’re banned from driving on the highway or in different public locations) and so they do drive a motorcar, they are going to be discovered responsible of an offence underneath Part 103b of the Street Visitors Act 1988.
Notice that within the case of a ‘partial’ disqualification, i.e. one which applies solely to a sure class of autos, a driver will likely be discovered responsible provided that she or he is driving that class of car. If she or he is driving on a highway or public place in a motorcar for which she or he nonetheless maintains a legitimate licence with out disqualification, then there isn’t any offence.
You will need to notice that driving while disqualified is what is named a ‘strict legal responsibility’ offence in that there are not any defences out there; if you’re caught within the act of driving while disqualified, you’ll face the authorized penalties whatever the cause on your choice.
That is the case even if you’re solely driving while disqualified due to some private emergency that it’s essential to attend to (equivalent to taking somebody to hospital, escaping hurt, attempting to rescue somebody, and so forth). In these instances, there’s a likelihood the choose will take the scenario into consideration and probably reduce your sentence, however there isn’t any assure.
The one doable manner so that you can defend your self in opposition to a driving while disqualified cost is to point out that, the truth is, you weren’t topic to a disqualification on the time of the offence. That is, in fact, a uncommon scenario and would solely actually happen within the case of a mistaken id or an error on the Driver Car and Licensing Authority (DVLA) information that the police have entry to.
What occurs if you’re caught driving while disqualified?
It’s prone to be the case that the police pull you over along side the highway in the event that they run your quantity plate and uncover that you’re disqualified from driving (or just in the event that they recognise you as a banned driver, in some small cities).
As soon as pulled over, the police are prone to ask you to verify whether or not the truth is you’re banned from driving. On the identical time, they are going to be operating checks in your driving report from their police laptop of their police automotive. If the examine comes again and does certainly affirm that you’re disqualified from driving, the police could have the small print of the ban, together with any class of car ban if relevant.
Upon this affirmation, the police are in a position to arrest you for driving while being disqualified. You’ll be taken to the police station the place they are going to course of you within the custody suite. This includes asking you questions on your identification (identify, deal with, and many others.), taking pictures, and asking you questions. It’s seemingly the police will take a DNA pattern for his or her information and additionally, you will endure a physique search to make sure you aren’t in possession of any contraband. You’ll be given a telephone name to let somebody know what is going on, and you may name a lawyer at this level in case you have one chosen upfront.
Throughout your interview, the police will ask you about your driving report and the occasions of the day that result in your arrest. You might be entitled to a solicitor at this level and don’t not must proceed with out one. Although the offence is certainly one of strict legal responsibility, the police will nonetheless seemingly wish to know why you have been driving that day.
After the interview, the police might launch you underneath investigation (the brand new regime that changed bail most often) till your court date if you’re not thought-about a hazard to your self or different folks. In case you are thought-about such, they are going to detain you till your court date and escort you to the court constructing on the day.
What’s the driving while disqualified sentence?
The utmost sentence which you can face for driving while disqualified is 6 months’ custody. The minimal sentence which you can face is a high quality. In between, the choose might resolve {that a} high quality, a neighborhood order, or a custodial sentence of lower than 6 months is suitable.
Along with this punishment, you’re additionally extremely prone to obtain an extra size of driving disqualification, starting from 3 months within the least severe instances to 18 months in essentially the most severe instances. This quantity will likely be added to any current ban: the 2 bans can not run alongside one another. Within the least severe of instances, the choose might give you 6 penalty factors in your licence as a substitute of an additional driving ban.
The precise sentence that you can be given will depend on the seriousness of the offence, the place the choose will assess each your culpability (blameworthiness) within the offence in addition to the extent of hurt concerned within the offence.
What elements affect a driving while disqualified sentence?
The choose in your case could have advanced tips to work by way of when deciding your sentence. Not all people will get the identical sentence, and far will depend on your private scenario and the circumstances of the crime. On the finish of the day, the choose is attempting to come back to a thought-about and truthful punishment taking into consideration all of the elements of the occasions, your private scenario, and anything you or your authorized crew raises in court.
In accordance with the Sentencing Council’s sentencing tips for this offence, driving elements that may make a choose offer you a harsher punishment (‘aggravating’ elements) embody:
- Driving shortly after disqualification imposed
- Car obtained throughout disqualification interval
- Driving for reward
- Vital distance pushed
- Proof of related unhealthy driving
Equally, extra common elements that may affect a choose in the direction of giving a harsher punishment embody:
- The offender having earlier related convictions (different driving offences, for instance)
- The offence being dedicated while on bail
- The offender failing to abide by present court orders (apart from the one for which they’ve been tried within the case at hand)
- The offence being dedicated while the offender was on licence or publish sentence supervision
- The offender carrying passengers on the time of the offence
- The offender giving false particulars to the police whereas stopped or arrested
On the flip facet, there are some elements that may scale back the severity of any sentence given (‘mitigating’ elements).
Regarding driving particularly, these embody conditions which might be the alternative of the irritating elements (equivalent to the driving force not driving for reward, or the driving force not in any other case driving badly). Relating extra typically to the offender, these embody:
- The offender having no earlier convictions nor any related/latest convictions
- The offender having good character and/or exemplary conduct
- The offender displaying regret, remorse, disgrace, or comparable emotions about their actions
- That there was a real emergency on the time of the offence (for instance, if the driving force was solely driving while disqualified to take their cherished one to Accident and Emergency on the hospital)
- The offender’s significantly younger age and/or lack of maturity
- The offender affected by a severe medical situation requiring pressing, intensive, or long-term therapy
- The offender being the only real or main carer for dependent kinfolk
As soon as these elements are set out, the choose will make a balanced choice based mostly solely on the info as confirmed within the case.
The place to get extra assist?
When you have been charged with the driving while disqualified offence, having the precise authorized illustration in place as early as doable is a great transfer. Not solely does having an skilled solicitor by your facet assist you to by way of the stress and nervousness of this course of, but it surely may additionally imply that your case will get thrown out earlier than it even will get to court. Get in contact with the motoring offences consultants at Stuart Miller Solicitors at this time for a free session.
