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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10650
Experience:  30 years as a practising solicitor.
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Hi I was banned for to years in July 2013. although I was guilty

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Hi I was banned for to years in July 2013. although I was guilty I now believe that I was treated quite harshly by the Court. It happened in Scotland although I live in Durham. I initially went to Court on June 17th I was represented by a public defender and told to return on July 12th as the judge decided a report was to be made on me. Between the two dates I heard nothing. I had to phone the sherriffs court to find out the time I had to return to Court, nobody had any details of who had represented me and no "report" was ever done. I had to defend myself. It was a nerve wracking experience and I really should have argued more but I was traumatised. In addition I have never been able to find out what happened to my car which was seized on June 17th. I am now unemployed and being banned from driving is severely hampering my ability to find a job. Can you help to get my ban reduced to what I have already served. Thanks Angela Appleby
Submitted: 2 years ago.
Category: Scots Law
Expert:  Remus2004 replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Was this in a Scots court?
Customer: replied 2 years ago.

Yes it was. in Glasgow

Expert:  Remus2004 replied 2 years ago.
I will move this to Scots law for you.
Customer: replied 2 years ago.

Thanks

Expert:  JGM replied 2 years ago.
Thank you for your question.
I am a Scots lawyer. Can you tell me about this offence and why you think it was harsh?
Customer: replied 2 years ago.

I was on my way to a Bruce Springsteen concert and foolishly was driving while disqualified (I was 4 months into a six months ban) I got stopped by the police, was arrested, spent the night in the cells and had my car taken away. That was June 17th. I was told to return on July 12th. From then nothing happened, I had to ring up numerous times to find out where and what time I was due to appear and they had no idea who had represented me originally.I was not offered any sort of representation and had to do it myself on the day in the Court- unlike every single other person there. The judge even commented on this and said the lack of communication was probably due to the fact I lived in England.

I live in a small village in County Durham. The bus service runs from 8.10am and is approx every hour and a half with the last bus being at 5.10pm. Getting to work and back anywhere by public transport is virtually impossible. Before I was made redundant I was getting up at 5.10am, walking three miles along unlit country roads to a place where I could get a bus to work.I had to leave this early so I could finish early enough to get the last bus back to my home. I tried to explain this but I was very very nervous and the Court had no knowledge of where I lived.I am now unemployed, have served 14 months of my ban. Not driving is severely impacting my ability to attend interviews and travel to any new place of employment. I also have never been able to find out what happened to my car. No communication, nothing.The car was worth about £2000 and I had a lot of personal possessions(CDs, jacket in boot, sunglasses)in it that were never returned to me.

Expert:  JGM replied 2 years ago.
Why were you banned the first time?Why were you banned in the Scots court?-Could you explain your situation a little more?
Customer: replied 2 years ago.

Sorry- I was banned the first time for not having insurance. I got 6 points and had six points already for two speeding offences a few years earlier. The concert was in Glasgow- we were on the way to Hampden Park which is how I ended up in a Scottish Court.

Expert:  JGM replied 2 years ago.
What was the offence in Glasgow?
Customer: replied 2 years ago.

Not entirely sure but I think it was driving while disqualified, can't think it would be anything else

Expert:  JGM replied 2 years ago.
So no drink involved?
Why were you driving?
Customer: replied 2 years ago.

No definitely no alcohol. With hindsight, no idea. I guess I thought I could get away with it and it was Bruce Springsteen!!

Expert:  JGM replied 2 years ago.
What distance did you drive?
Customer: replied 2 years ago.

About 150 miles

Expert:  JGM replied 2 years ago.
Thank you for your responses.
I'm afraid you are not going to like my answer to your question but the situation is that driving whilst disqualified for that distance, and any insurance would be void, could easily have resulted in a prison sentence. Arguably, you are lucky that the sheriff decided to extend your ban and presumably fined you rather than send you to prison.
There is provision in the Road Traffic Offenders Act to seek restoration of your licence if certain strict criteria are met. One of those criteria is that you have served at least two years or half of your ban whichever is the higher. If you were banned for two years, it follows that you can't seek restoration as that is the minimum ban you can serve before such an application can be made.
Whilst you may feel you have been dealt with harshly, there is nothing that can now be done to change what has happened.
Happy to discuss further.
Please leave a positive rating so that I am credited for my time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10650
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 2 years ago.

No worries. Thanks for your time and assistance

Expert:  JGM replied 2 years ago.
You're welcome.

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