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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi, I have been disqualified from driving for 12 mths, because

Customer Question

Hi, I have been disqualified from driving for 12 mths, because after an accident i tried to drive my car home one mile away, police report confirmed my car had blowout causing me to crash into. fence.
I have been convicted on the fact i drove the car away in a dangerous condition. Eg tyres flat and wheel buckled.
I am considering appealing this, can you advise? I feel very harshly treated as i didnt know wheel was buckled, and as i only lived 1 mile away i tried to limp the car home. I didnt knowingly break the law.
Thanks
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Why did you try and move the car, rather than just leave it was until the matter was resolved?

JACUSTOMER-781b883z- :

I panicked and didn't Thi k straight

JACUSTOMER-781b883z- :

I wasn't Thinkin straight and panicked. Because I only lived a wee bit away I tried yo limp the car home

Alex Watts :

Ok, the issue is this. You are meant to stop at the scene of an accident and also report it.

Alex Watts :

If you stopped but then drove off, this is an offence, even if you panicked.

Alex Watts :

The fact you tried to drive a mile is a problem.

Alex Watts :

If it had been 50 meters or you so you would have been ok

Alex Watts :

As for tyres being flat, as a driver it must be obvious there is a problem

Alex Watts :

Even if you had hit something, a reasonable person would have stopped to check to make sure everything was ok.

Alex Watts :

Based on what you have said I do not think you would be successful if you appealed.

Alex Watts :

You could of course try and appeal sentence rather than conviction,but you run the risk that it goes up rather than down

Alex Watts :

The sentencing guidelines say this:

Alex Watts :

Minor damage/injury or stopped at scene but failed to


exchange particulars or report

Alex Watts :

5-6 points

Alex Watts :

Moderate damage/injury or failed to stop and failed


to report

Alex Watts :

7-8 points and consider disqualification

Alex Watts :

Serious damage/injury and/or evidence of bad driving

Alex Watts :

6-9 points or disqualify for between 6-12 months.

Alex Watts :

I am sorry if this is not necessarily the answer you are looking for and its certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-781b883z- :

Is dangerous driving conviction not a mandatory 12mth disqualification in northern Ireland?


Alex Watts :

Forgive me I read the details as failing to stop.

Alex Watts :

Dangerous driving, yes it is a mandatory ban

Alex Watts :

The test to be applied is this:

Alex Watts :

Did the standard fall below the standard a reasonable driver. And if so, would a reasonable driver consider it to be dangerous.

Alex Watts :

I think the fact you drove it over a mile away presents you with difficulty.

Alex Watts :

If you had an accident then one would expect you to examine the vehicle before driving off

Alex Watts :

If you had one or more flat tyre as a motorist it is fairly obvious there is some issue with the car,

Alex Watts :

It either steers to one side or feels sluggish when trying to pull away

Alex Watts :

In any event you can drive and the tyre when deflated can come off the wheel rim so you are running on metal

Alex Watts :

If you drove 1 mile away I am sorry but I think you may be in difficulty.

Alex Watts :

Of course you can appeal and try to see if it works.

Alex Watts :

But if you appeal the sentence could be harsher if you lose, then you would also be responsible for the costs of the prosecution for attending.

Alex Watts :

If you do not accept your driving fell well below the standards of a reasonable driver then you can appeal

Alex Watts :

Does that clarify?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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