Read the original article outlining the case: Driving while disqualified.


YOUR VIEWS:
Blue Barmy said: "One month in jail and two- year driving ban.

"Sentence would ultimately be reduced to a week for good behaviour."

Postie Supporter said: "Seven years jail with no right of parole or appeal and banned from driving for life. He took the decision to drive when unfit through alcohol. No decent, caring socially responsible person would want anything less."

Dan said: "So, he's lied about his name and his driving status. He's, in reality, driving with- out valid insurance or a valid license too.

"His careless driving brought him to the attention of the police, so it appears that he has not learnt his lesson.

"Although he relies on his driving for his business and his livelihood, he has failed to grasp that a driving licence is a privilege, not a right. If you abuse that by drink-driving, then it will be revoked.

"£1,000 fine, five-year driving ban and an order to retake his test, along with a 12-month suspended sentence suspended for five years."

MAGISTRATES' SENTENCING OPTIONS:
This offence carries a maxi- mum penalty of six months' imprisonment and/or a £5,000 fine. Whichever penalty is imposed, the offence also takes a mandatory endorsement with six penalty points. The magistrates also have the discretion to impose a further period of driving disqualification.

The sentencing options are:
An absolute discharge or conditional discharge –absolute discharge means no punishment because of the character of the offender and nature of the offence.
Fine.
Community penalty with orders requiring the defendant to abide by a curfew, be under the supervision of a probation officer and/or do unpaid work for the community.
Suspended period of imprisonment (if a term of imprisonment is suspended the court must also impose some community requirement).
Immediate imprisonment.

THE MAGISTRATES' DECISION:
Nicholson's driving disqualification had been imposed on him only recently. By his own admission, he took a decision from the outset to continue driving to sustain his business and we must assume would have continued to do so had he not been caught.

The original disqualification was imposed for a serious offence of drink-driving.

He was over the limit and he drove a vehicle.
Everyone knows the consequences of that behaviour.
It was a blatant, premeditated offence that was not a one-off.
Had he not pleaded guilty, we'd have considered 12 weeks immediate imprisonment.
We have also taken into consideration that, although Nicholson made some attempt to mislead the officers when they stopped him by giving a false name, once confronted with the truth he was very frank and pleaded guilty at the first opportunity.

Also, apart from the earlier drink-driving conviction, Mr Nicholson has not offended in any other way.

We are imposing a sentence of nine weeks' imprisonment, suspended for eighteen months plus 100 hours community service.

His licence will be endorsed and he will be disqualified for 18 months. If he offends further or fails to perform the community work, he will go to prison for nine weeks.

More case studies and Inside Justice Week 2008 features