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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I have been charged for two counts: Count 1: POSSESSION

Customer Question

I have been charged for two counts:
Count 1:
POSSESSION OF AN IDENTITY DOCUMENT WITH IMPROPER INTENSION, contrary to section(1) and (2) of the identity Documents Act 2010.
PARTICULARS OF OFFENCE
On the 26th day of July 2014, with improper Intension, had in his possession or under his control an identity, namely a United Kingdom driving license, that was improperly obtained and that he knew or believe to have been improperly obtained.
COUNT 2:
FRAUD, Contrary to section 1 of the Fraud Act 2006.
PARTICULARS OF OFFENCE
Between the 1st day of January 2011, and the 9th day of February 2011 committed fraud in that, dishonestly and intending thereby to make a gain for himself or another, or to cause loss to another, or to expose another to risk of loss, he made a false representation to the DVLA, which was and which he knew was or might be untrue or misleading, by submitting an application for a driving license with incorrect details about his date of birth so that details of his driving disqualification would not be revealed, in breach of section 2 of the Fraud Act 2006.
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Alex Watts :

Hello and thanks for requesting me

Alex Watts :

What would you like to know about this?

JACUSTOMER-7c55ysxy- :

I want to know what to expect from the judge when i get to crown court next hearing and i have previous community order which i have finished/completed already, and i had also been giving fine before and was also disqualified for 12 months on the second license with my real date of birth which the disqualification expired 2 days ago

Alex Watts :

What was the previous community order for?

Alex Watts :

So you had a false licence?

JACUSTOMER-7c55ysxy- :

Getting student finance and getting jobseekers allowance at the same time and i was told i did not let the jobcentre knows about been a full time University student

Alex Watts :

Ok, this was a false licence?

JACUSTOMER-7c55ysxy- :

I had one license in 2009 obtained with different date of birth to my real date of birth and in 2011 january i applied for new diving license with my passport with my real date of birth and that is how i got two driving license. Though i did not submit any passport or ID for the first license

Alex Watts :

Ok - so is one correct and one wrong? Did you send the wrong one back?

JACUSTOMER-7c55ysxy- :

yes

Alex Watts :

You did?

Alex Watts :

If you sent the wrong one back and you had a correct one, why are you being charged?

JACUSTOMER-7c55ysxy- :

last month the dvla requested me to send my passport again to verify which one is real and they said they are in process of combining the two to one license

JACUSTOMER-7c55ysxy- :

i have send my passport to dvla and they have returned my passport back to me

Alex Watts :

Ok. And were you disqualified from driving when you had the one licence?

JACUSTOMER-7c55ysxy- :

The police had already charge me before the dvla asked for this details just that the judge extend the case to next january 2015

JACUSTOMER-7c55ysxy- :

i was disqualified on the second license which is with my real date of birth

Alex Watts :

So when you had the first wrong licence, why did you not notify DVLA?

JACUSTOMER-7c55ysxy- :

but the whole issue statrts in july 2014 when i was stopped on driving while disqualified and the two details flag up when asked for my name and i said to be honest i was the same person

Alex Watts :

And you were trying to drive on the wrong licence birthday on this occasion?

JACUSTOMER-7c55ysxy- :

not notify DVLA until lately

JACUSTOMER-7c55ysxy- :

yes

Alex Watts :

So you knew you were disqualified and you knew the first licence had the wrong date, but you chanced it and got caught?

JACUSTOMER-7c55ysxy- :

yes

Alex Watts :

Ok. Let me look into this.

JACUSTOMER-7c55ysxy- :

ok

Alex Watts :

Right. I imagine it would be a Community Order. The fact you were disqualified clearly aggravates it. If it is prison you are likely to get a suspended sentence.

Alex Watts :

But that means if you commit any offence during the operational period you are likely to face going to prison.

Alex Watts :

If low value, not had licence for a long time and no previous fraud it can be community if lucky.

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-7c55ysxy- :

yes

JACUSTOMER-7c55ysxy- :

But what about the DVLA issue can we notify the judge about the changing dvla is carrying out

Alex Watts :

Yes so the fraud is not continuing.

Alex Watts :

Does that help?

JACUSTOMER-7c55ysxy- :

yes and what should i said to my solicitor to tell the judge that the fraud is not continuing

Alex Watts :

Yes. Although that does not of course mean you have a defence, it is just that it has stopped

Alex Watts :

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


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