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Ash
Ash, Solicitor
Category: Traffic Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My Son was given a 12 week prison sentence suspended for a

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My Son was given a 12 week prison sentence suspended for a year last September by the Magistrates Court for driving with no licence, car insurance or car tax. He was stopped by the police today for driving a car with no MOT and has been asked to appear at Magistrates Court on May 19.Is his sentence likely to be activated given these circumstances?
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.How long was the sentence suspended for?Alex
Customer: replied 1 year ago.
His sentence was suspended for 12 months
Expert:  Ash replied 1 year ago.
Why was he driving without an MoT? Are you sure that is all it is for?
Customer: replied 1 year ago.
He says he was taking the car for an MOT and that was the reason for being stopped. The car has not been impounded. Other than that all I know he is that he was stopped and has been asked to appear at Magistrates Court on May 19.
Expert:  Ash replied 1 year ago.
Had it been pre-booked into the garage?
Customer: replied 1 year ago.
I'm really not sure.
Expert:  Ash replied 1 year ago.
Ok, if it is then he has a defence. If not then he may be guilty. If he pleads guilty then the Court will consider the suspended sentence. The presumption is that it is activated unless it is in the interests of justice not to do so.Here you have someone who usually would get a fixed penalty for this offence. It is a fine only. There are no points. As such I would hope that the Court would not activate the suspended sentence.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
He apparently took the car for an MOT but the garage couldn't do it today and told him to bring the car back tomorrow. It was after leaving the garage he was stopped by the police
Expert:  Ash replied 1 year ago.
Ok - well its only a defence if its pre booked and you are on the way there or back home. If he just turned up its not a defence.Does that clarify? Alex
Customer: replied 1 year ago.
But he doesn't have a licence and as far as I know he was already banned from driving. I know that all of the fines he has been given in the past and he is attending the probation appointments as requested.Will this make any difference?
Expert:  Ash replied 1 year ago.
Did the Court ban him previously?
Customer: replied 1 year ago.
Yes. He has never had a licence
Expert:  Ash replied 1 year ago.
Ok - how long did they ban him for?
Customer: replied 1 year ago.
I think it was two years
Customer: replied 1 year ago.
Sorry would it be possible to answer my question in that I said my Son had been caught driving a car without a MOT and has a ban for two years as far a far as I can recall?
Expert:  Ash replied 1 year ago.
Thanks. It doesnt say in the initial question he was banned for 2 years. So the disqualification is quite new then, still 18 months or so left. The penalty is a high level community order to 12 weeks custody. The Court also should look at making the disqualification longer by 12-18 months beyond the original term.As I indicated above they must impose custody for the original offence unless its unjust to do so. Given the disqualification was only imposed 6 months before the offence then there is a risk of custody. If he does get custody then they can sentence for the 12 weeks prison and give up to 12 weeks custody for this offence. That is going to be consecutive as they are 2 separate offences.But if he pleads guilty he would get 1/3rd off any sentence. Or the Court may give him a very long Community Order.Can I clarify anything for you about this?Alex
Customer: replied 1 year ago.
So at the very least he could be looking at 12 weeks imprison less any time off for good behaviour. What doesn't help is that 10 years ago he was sentenced of 7 years and served 3.5 years for a different offence.
Expert:  Ash replied 1 year ago.
Indeed. But he would serve half then be let out. But he should have thought about that before getting into a car sadly. I realise that this is upsetting for you.Can I clarify anything else for you? Alex
Customer: replied 1 year ago.
I just understand why he wasn't arrested when the car was stopped. It seems strange that he was let given a summons to appear in Court and the car was not impounded
Expert:  Ash replied 1 year ago.
I dont why he wasnt arrested, but hat does not change the process.Its still an offence and he still faces custodyI am sorryAlex
Customer: replied 1 year ago.
Thanks for you advice
Expert:  Ash replied 1 year ago.
If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex
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