The involvement of CPS and court staff as witnesses involving driving documents should obviously be avoided wherever possible. If you have been reported and not issued with a TOR it The consequences of driving while disqualified are severe and will impact many areas of your life well into the future. Section 1 RTOA 1988 provides that a defendant cannot be convicted of certain road traffic offences set out in schedule 1 RTOA 1988 unless he or she has been warned that the question of prosecution would be taken into consideration. It showed that the bike had been ridden at very high speed in traffic and the rider had done wheelies. So, the laws of Alberta will apply here. See also Shire Traction Co Ltd v Vehicle Inspectorate [2001] RTR 518. The offences were committed less than two months apart. Additionally, the user would need a driving licence and motor insurance. [1] A disqualification period is often ordered following a prior traffic offence. Uninsured drivers pose a substantial risk to other road users. Recent cases have established that the three methods of identification of a person as described above were not exhaustive but merely examples. For example, such a situation may arise where the outstanding summary offence is a drink/drive allegation where the accused is liable to a three-year disqualification following a previous conviction. it arose because the name and address of the accused or the registered keeper could not with reasonable diligence be ascertained within the statutory time; or. Section 6 applies to the following offences under RTA 1988: Section 37 of the Vehicles (Crime) Act 2001 amends the time limit in the Theft Act. pursuant to section 6 Road Traffic Offenders Act 1988. there was sufficient evidence in my opinion to warrant proceedings against: pursuant to the provisions of section 6 of the said Act. The offence is subject to a discretionary disqualification. Definition, see Wilkinson's Road Traffic Offences (28th edition) 15.52. During your free consultation, we will discuss the allegations, possible outcomes, defences to the charges and legal fees. It is no defence that the driver failed to see the sign. It is an offence, under s.99(5) TA 1968, for a person to knowingly falsify a tachograph entry made under s.97 TA1968 or entries kept for the purpose of regulations under s.98 TA1968 or under applicable Community rules. This should inform the recipient that not only should the relevant documents, if they exist, be sent or handed to the court as required in the summons, but that before that date, the documents must firstly be produced at a police station for inspection and validation and for the police to note relevant details. It is usually not appropriate to challenge the decision as it involves the exercise of discretion as the Administrative (Divisional) Court is unlikely to interfere if all relevant matters were properly considered. Even where the evidence is convincing, you may still have a chance of avoiding a criminal charge. If such an application is made, it should be noted that s.78 gives a discretionary power to the court to exclude evidence. None of these are criminal offences but they do justify the suspension of a license by the provincial government (rather than disqualification from driving). Mere passive acquiescence is not enough - see Redhead Freight Ltd v Shulman [1989] RTR 1. You could be sentenced with further penalty points, a community order or even prison and a greatly lengthened ban. Assessment of the role played by each person in the company/operator in the case of large scale prosecutions; Whether there has been systematic flouting of the law resulting in widespread falsification of records endorsed by management. This is a case study on a charge of Drive Whilst Disqualified resulting in a fine with no licence disqualification. Section 214: A person convicted and disqualified for a prescribed dangerous driving offence pursuant to s 52A Crimes Act 1900 while under the influence of intoxicating liquor or with the prescribed concentration of alcohol present in the accused’s breath or blood may be disqualified by the court from holding a driver licence unless the person has first held an interlock driver … If your disqualification was imposed by the court only recently, the Court will treat this as an aggravating factor and impose a sentence which may include the risk of imprisonment. It does not mean the driver has 24 hours within which to report the collision. The offence under section 12 of the Licensing Act 1872. Road Traffic - Drug and Drink Driving Offences 2. All rights reserved. You will receive a driving while disqualified charge if the law enforcement officers are satisfied that you: If you are found guilty of such an offence, there are serious consequences both in the short and long-term, as set out in Section 259 of the Criminal Code. This should be done with the approval of the court and in order to assist in determining the question of disqualification. Since the offence of driving whilst disqualified blatantly disregards the order of the court it is always regarded as a serious offence. An allegation of driving without insurance should never be withdrawn as a matter of convenience when pleas of guilty are tendered in respect of other offences. Driving Whilst Disqualified. Note that this offence requires an intention to deceive by misusing the seal in the manner stated in the section. Section 103 RTA 1988 - see (Wilkinson's 11-71 to 11-79). In Vehicle Inspectorate v Nuttall [1999] Crim LR 674, the House of Lords held that the Community rules placed a responsibility on employers to use tachograph records to prevent contraventions and to promote road safety. Certain vehicles used by disabled drivers are exempted from these requirements but only where they use Class 2 or Class 3 "invalid carriages". Driving whilst Disqualified and the Penalties (BA10 Conviction) Viewed by the Courts as a serious driving offence, the charge of driving whilst disqualified (penalty code BA10) can carry heavy punishments. Any first time offence will attract a fine of over $6,000 or a term of imprisonment of up to 6 months. In. For a first offence of driving while suspended or disqualified the maximum penalty is 6 months imprisonment. Notice in writing to that effect must be given to the driver of the vehicle. Bail should be considered for the period of any adjournment and the defendant encouraged to produce the relevant documents in the meantime. Where a summons or requisition has been issued in respect of an offence mentioned in Parts 1 and 2 of the Schedule, proceedings for that offence cease to be specified when the summons or requisition is served on the accused unless the defendant is also served with a statement of facts and written statement/s.
driving whilst disqualified summary offence
driving whilst disqualified summary offence 2021