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Driving while 'disqualified'
percycov
post Mon, 5 Feb 2018 - 13:16
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On Friday 3rd November, while travelling up to Blackpool, around 8pm i was pulled over by Cheshire police, when they did a licence check, they told me that i have been disqualified from driving since June. Something i was completely unaware of. I was
subsequently arrested and charged with driving while disqualified and
driving without insurance.

I was released that evening and had to get a train to Blackpool. Next
morning i contacted the DVLA for more information, they told me i had
been disqualified through Oxford magistrates court.

Being the weekend i had to wait until Monday morning before i could
contact Oxford magistrates where they gave me details of the case. A speeding offence took place in December on a vehicle which
doesn't even belong to me but belongs to a cpmany i used to work for. They had recieved a speeding ticket, and nominated me as driver using an old address so i did not recieve or know about it. Without my knowedge i was charged with speeding and failure to provide information, i was given a fine and 6 point, which under the totting up procedure i was given an automatic ban as that took me up to 12 points, therefore a ban.

I made an application for a statutory decleration and on the 20th November i had to travel up to Stockport magistrates to face charges of driving while disqualified. Due to the circumstances i was allowed to make my stat dec at Stockport magistrates, and the case was adjourned until the 20th Feb and i had the 6 points removed from my license and the driving ban was lifted.

I have since resolved the speeding ticket issue, i have recieved 3 points and a fine. Meaning i now have 9 points on my license, but no ban.

My question is, should i still be facing the driving while disqualified charges? Because technically, the ban was lifted and removed from my license.

I cannot afford a solicitor and i don't qualify for legal aid and i can't use the duty solicitor on the day.

Please advise where i stand on this and what are my options.

Thank you
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post Mon, 5 Feb 2018 - 13:16
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jewels2009
post Mon, 5 Feb 2018 - 13:46
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Have you been in touch with Cheshire police to update them with your details and circumstances? Once they''re in the know, would think teverything would be dropped, excepting your insurance at the time of stop was in order.

This post has been edited by jewels2009: Tue, 6 Feb 2018 - 12:38
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AntonyMMM
post Mon, 5 Feb 2018 - 16:21
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QUOTE (percycov @ Mon, 5 Feb 2018 - 13:16) *
I have since resolved the speeding ticket issue, i have recieved 3 points and a fine. Meaning i now have 9 points on my license, but no ban.


The disqualification no longer stands - but the charge does stand until it is either withdrawn or you are found not guilty.

Once the CPS get informed they will withdraw the charge, but you want to get it sorted in advance if possible and avoid a trip to court. I would make contact with them, possibly via Cheshire Police, to make sure they know of the situation ( and make sure that whoever you speak to, you get the withdrawal confirmed in writing).
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cp8759
post Mon, 5 Feb 2018 - 16:30
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As the statutory declaration has been accepted by the court, the governing provision is section 14 of the Magistrates’ Courts Act 1980 which provides that the effect of a statutory declaration is that "the summons and all subsequent proceedings shall be void."

If the disqualification is void, you cannot be convicted of driving while disqualified. Have you tried contacting the police or the CPS? If you explain the circumstances, they should be willing to simply discontinue the case.


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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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bama
post Mon, 5 Feb 2018 - 21:25
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"the summons and all subsequent proceedings shall be void."
This.

If you can't get them to cancel in advance (in writing !) - though they should do so readily - then turn up at court and get your costs


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Which facts in any situation or problem are “essential” and what makes them “essential”? If the “essential” facts are said to depend on the principles involved, then the whole business, all too obviously, goes right around in a circle. In the light of one principle or set of principles, one bunch of facts will be the “essential” ones; in the light of another principle or set of principles, a different bunch of facts will be “essential.” In order to settle on the right facts you first have to pick your principles, although the whole point of finding the facts was to indicate which principles apply.

Note that I am not legally qualified and any and all statements made are "Reserved". Liability for application lies with the reader.
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The Rookie
post Tue, 6 Feb 2018 - 08:05
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Obviously you will need to do more than just 'tell them' I'd suggest a letter with the details of the date, the court and give them a contact name and number so they can check.


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percycov
post Wed, 7 Feb 2018 - 21:40
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Ok, i got the answers i was hoping for.

I will contact Cheshire police first and hopefully they will withdraw the charges. If not i will write to the CPS.

I would like to avoid another trip to court if i can!

thanks for your help everyone
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