driving ban

[gypsynoir]

Does a driving ban start from the date of the offence or court case?. The case was due to be heard on 2cnd dec 2008, but has been cancelled 3 times due to insufficient time to hear case and the latest date is 16th feb 2009... The offence took place on 13th june 2008 for no car insurance. The person in question (not me) has submitted an appeal in writing relating to the offence . Thank you for any advice given.

[chrissa1]

I would have thought you are not banned until you HAVE been and you have to go to court for that to happen. The police can't ban anybody, it is the court who has to do it. I know of someone whose offence happened in 2003 and continued to drive until the court case in 2004. His case wan't for no insurance though. I take it your friend has obtained insurance by now.

[gypsynoir]

Thanks chrissal,
I did know that but my question was maybe worded wrong, I meant when the case is finally heard and a ban is imposed, will they start the ban of the latest court date or original one? or even the offence date?
Yes my friend was insured the next day

[novalis]

Any ban starts from the date sentence is announced.

[ChuckFickens]

the ban will start from the time the sentence is imposed

[gypsynoir]

I read of a case where, a bloke got banned for 6month, he kept appealing the case and by the time the ban was imposed the 6 months were already spent! IMaybe I dreamt it..

[Ethel]

If the ban were backdated to the date of the offence, every time they drove between the date of the offence and the court date they would be driving whilst disqualified.

[gypsynoir]

It was a dream..
Thank you for clearing that up Novalis and Chuck.

[gypsynoir]

Yeah Ethal, that did cross my mind, it didn't seem to make sense.

Chin-Chin..

[Rollo]

If a case is posponed repeatedly it can be grounds for dismissing the charge, because the defendant is being treated unfairly.

[gypsynoir]

One more question then i'll leave you good people be-


Do you have to attend a hearing to get banned?

[sara3]

no, any case can be heard in the defendant's absence, but if you're summonsed you should go or an arrest warrant can be issued.

[gypsynoir]

Rollo, thank you!, that's interesting, but I fear the court in question, 'Bradford' have posponed due to a high volume of cases, so they'd say it weren't their fault. this is the fourth court date and I won't be surprized if they cancell the next one in feb.

[gypsynoir]

Thank you Sara.

[sara3]

if your friend is pleading guilty they may be able to do that in writing, but they need to check.

I've assumed that they've pleaded not guilty (or intend to) so they should attend.

[gypsynoir]

My friend pleaded guilty and also submitted a written appeal, in the notes of the summons it advised to do this as the courts haven't always got time for personal attendance