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when does the driving ban start?
Day they're sentenced, day they're released on parole, after the 3 year sentence including parole is completed?
[url= http://www.theargus.co.uk/news/10885316.Banned_driver_was_drunk_when_he_killed_cyclist__court_told/ ]http://www.theargus.co.uk/news/10885316.Banned_driver_was_drunk_when_he_killed_cyclist__court_told/[/url]
frankly, he shouldn't be allowed behind a wheel ever again but I wasn't sure when the ban actually took effect.
and the sentence is laughable, too.
From the date of sentencing I would have thought. He'll serve half his sentence inside and then be let out. The 3-yr ban will have a very big effect on his ability to get insurance in the future, whilst his 3yr prison sentence will do wonders for his employability.
campfreddie - MemberFrom the date of sentencing I would have thought. He'll serve half his sentence inside and then be let out. The 3-yr ban will have a very big effect on his ability to get insurance in the future, whilst his 3yr prison sentence will do wonders for his employability.
Much better odds of insurance and a job than the cyclist though. That's no punishment. ๐
Must be from the date of release. Would be silly otherwise.
Think a 3 year ban is laughable. I appreciate a life time ban may be unfair but 3 years!
Driving a car should not be a given right. Act like an arse hat and get a 10 year ban, minimum.
From the link:
Kirk, of no fixed address, was already disqualified from driving and had been drinking when he got behind the wheel and struck Miss Hossack.
Something tells me insurance and employment are probably not high on his list of priorities. Removal of hands is the only way to stop these people driving ๐ฟ
Crikey, about 3 miles down the road from me that one! Horrible bit of road, dead straight, but with loads of small sideroads and blind crests.
Given the circumstances of that case, one wonders what exactly you would have to do to get anywhere near the (14 year) maximum sentence for causing death by dangerous driving..
The 3-yr ban will have a very big effect on his ability to get insurance in the future, whilst his 3yr prison sentence will do wonders for his employability.
Yeah, he appears the type to care about insurance and other such legalities doesn't he........
If you kill whilst behind the wheel of a car drunk you should never be allowed to drive again, it shouldn't even be a matter for debate
Isn't it a 6 year sentence, not a 3 year one?
So with good behaviour will his ban end just as he leaves prison?
6 year sentence but I appreciate he'll be out in 3 probably. The driving ban will start immediately so he will be eligible to take the extended driving test immediately. The fact is he was driving while disqualified when he killed the girl so it would suggest a driving ban/no licence doesn't really bother him.
I am with @tpbiker on the life ban
If he's not bothered about being disqualified, why would he be bothered about a life ban?
The thing is, a lifetime ban just doesn't stop people from driving. Plenty of people drive whilst banned, so there has to be some other means of stopping them.
Apart from removing the bits of the body they need to drive, anyone got any smart ideas? Some kind of electronic tag system? There must be something that could indicate that the offender was in a car and was driving - arm position/foot movements etc?
He wouldn't be bothered about a life ban in the slightest.
It not like he's ever to going to buy insurance either so the price of that won't be an issue.
i think a big brother machine is needed, when he get out of jail he retakes his test, then he is banned from driving anything but a car/motorbike for life. to operate that car he must use a machine that logs his breath sample and records the journey, for a probation period.
Any breech back to jail.
In a perfect world it'd be taken care of by the community. He's seen driving - he gets a shoeing. Lovely stuff.
I haven't read the report but disqualification runs from date of sentencing. Bear in mind that people normally only serve a maximum 50% of a custodial sentence inside (and rest on licence), in reality many people will get out even before this on a tag - or from an open prison; and he may appeal his sentence (he can appeal the ban too, but I suspect is less likely) - so its not [i]quite[/i] as stupid as it seems.
Sorry should have made it clearer - 6 year sentence so he'll serve 3
I hope he's in the jail's bridal suite every night getting a really good reaming ๐
Thumbs only should do it.Removal of hands is the only way to stop these people driving
Wow hes an obvious danger and only gets that sentance?
Well, yeah - it was just a cyclist after all. What do we expect?
Apart from removing the bits of the body they need to drive, anyone got any smart ideas?
3 strikes and you're out.
Apparently the rules were changed in 2009 - ban now runs from date of release.
CTC reporting it here but I don't have a link to the relevant .gov site with the law in it
[url= http://www.roadjustice.org.uk/case-study/female-cyclist-killed-hit-and-run-pulborough-sussex-sept-2013 ]http://www.roadjustice.org.uk/case-study/female-cyclist-killed-hit-and-run-pulborough-sussex-sept-2013[/url]
Bloke's mum/sister has been on the original report I linked to adding comments saying it's not as bad as it seems ๐ฏ
"CTC reporting it here but I don't have a link to the relevant .gov site with the law in it"
I am not sure but I think the legislation is The Coroners and Justice Act 2009 and I think the relevant section is not in force as no commencement order has been made.
don't the magistrate/judge usually state whether the punishments run concurrently or not?
"don't the magistrate/judge usually state whether the punishments run concurrently or not?"
yes and for a driving ban it would in this case be expressed as a three year ban with a three year extension period. In so far as I can see with a few mins on internet and quick flick through Archbold's Big Book Of Law the power to make a ban "start" at the end of custody only arises when the ban is a discretionary one under the Powers Of Criminal Courts Sentencing Act 2000 ie a general punishment for crime rather than a mandatory one for a driving offence. That would be the coroner's act not in force provision . This does make some sense but none I would care to try and explain on here.