Faults in medical rushed report. My lawyers are ignoring the unfavourable report made on wrong indications

Convicted Driver Insurance
Who gives them this information though? My story has already been heard before by courts since last year. Another question, my probation officer will do a full report before my court date. Will this report be presented days before the my hearing? As I am pleading guilty with mitigation circumstances therefore, alot of sensitive...personal private issues will be discussed with my probation officer by me.
 
The probation officer will interview YOU, and get your thoughts on the offence, and gauge your level of remorse.
He will also assess if any mental health support is needed.... part of the punishment can actually be help with treatment!
Based on that, he will make a recommendation to the court as to what form of community penalty you will be suitable for. He will make NO recommendations about the disqualification, that is not a part of the probation remit. I see you have asked the solicitor about if the probation officer will be able to advance ‘special reasons’ to not disqualify you. I am sure the solicitor will agree that the answer to this is a big NO.
From what you have described, there are no special reasons as set out in law, and even if there were, it is for your solicitor to advance those reasons, certainly not the probation service. This would have been done at the plea stage, where the plea would have been ‘Guilty but with special reasons” The court would have adjourned the case for what is known as a ‘Newton Hearing’ to discuss the special reasons.
As you simply pleaded guilty, the resumed hearing will just be to receive the report (which is not given to the court in advance, nor even at the start of the day... but when your case is called) and decide the length of the ban and what format they want the community penalty to be. (If your reading was 120+ then they will also have to consider imprisonment, but that is rare) this can be in the form of community service for a certain number of hours, or telling you to get involved with whatever help the probation report suggests.
The contents of the pre sentence report are only shared with the magistrates. They are NOT read out in court.
You asked before about thre press, they are entitled to be there in court if they want to, and they can report on anything that is said in open court, which is why I cautioned you a while ago about limiting your personal circumstances unless you are happy for the whole town to read about them.
 
The probation officer will interview YOU, and get your thoughts on the offence, and gauge your level of remorse.
He will also assess if any mental health support is needed.... part of the punishment can actually be help with treatment!
Based on that, he will make a recommendation to the court as to what form of community penalty you will be suitable for. He will make NO recommendations about the disqualification, that is not a part of the probation remit. I see you have asked the solicitor about if the probation officer will be able to advance ‘special reasons’ to not disqualify you. I am sure the solicitor will agree that the answer to this is a big NO.
From what you have described, there are no special reasons as set out in law, and even if there were, it is for your solicitor to advance those reasons, certainly not the probation service. This would have been done at the plea stage, where the plea would have been ‘Guilty but with special reasons” The court would have adjourned the case for what is known as a ‘Newton Hearing’ to discuss the special reasons.
As you simply pleaded guilty, the resumed hearing will just be to receive the report (which is not given to the court in advance, nor even at the start of the day... but when your case is called) and decide the length of the ban and what format they want the community penalty to be. (If your reading was 120+ then they will also have to consider imprisonment, but that is rare) this can be in the form of community service for a certain number of hours, or telling you to get involved with whatever help the probation report suggests.
The contents of the pre sentence report are only shared with the magistrates. They are NOT read out in court.
You asked before about thre press, they are entitled to be there in court if they want to, and they can report on anything that is said in open court, which is why I cautioned you a while ago about limiting your personal circumstances unless you are happy for the whole town to read about them.
Oh wow. Thanks for your feedback. I did plead guilty with mitigation circumstances. And as for the reporters, how will they get the story as its just a sentencing? I don't assume the judge will read out my situation...I also asked my probation officer about the reporters being there and he said it was unlikely. I also read an article about a man who was dismissed for dui due to his mental health issues ( ptsd) and he was not disqualifed . I was sectioned and according to the 2010 article on mental health discrimination, the system failed me and didn't give me the support I needed hence my mental state deteriorated which lead to the incident. I was then diagnosed with extreme ptsd.
 
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There will be a summary read out again to the court when you appear for sentencing, as it may be a different bench of solicitors that you are before to the first time, then they will consider the report and tell you the punishment you are getting.
Even if the press are not in court, they can ask the court for a summary of cases in court that day and the punishment handed out.

I am not aware of anyone not being banned for drink driving because of PTSD, unless they drove on that occasion as a direct result of something triggering it and only for that reason. The fact that someone has PTSD is not a reason to not disqualify.
You mentioned DUI, was it an American case?
 
There will be a summary read out again to the court when you appear for sentencing, as it may be a different bench of solicitors that you are before to the first time, then they will consider the report and tell you the punishment you are getting.
Even if the press are not in court, they can ask the court for a summary of cases in court that day and the punishment handed out.

I am not aware of anyone not being banned for drink driving because of PTSD, unless they drove on that occasion as a direct result of something triggering it and only for that reason. The fact that someone has PTSD is not a reason to not disqualify.
You mentioned DUI, was it an American case?
Dui ( drink under influence) I don't have a solicitor and only the same cps woman dealing with my case will be representing plus same judge as she picked the date. I was undergoing ptsd symptoms which triggered me to drive..and I've been informed this report will be presented to judge before my final court date
 
I know what DUI is, but it is an expression used in the USA rather than here, which is why I asked.
Even if a summary is not asked for, the offence and the sentence given will still be available to the press to report if they chose.
It would appear that there is no Newton hearing as you did not plead guilty with special reasons to not disqualify... so a ban is inevitable, the debate is about the length of it, and what hotel (or sanctions) are suitable as an outcome to what you did.
It will not be open to the district judge to decide off his own bat to not disqualify you.
 
Chelimo, I see you have asked the solicitor about a reduction in your ban, following a disqualification for 30 months, reduced by doing a drink drive course by 25%.
I am afraid the solicitor is correct. The only way to apply for a reduction is after service half of a ban, BUT that is subject to a minimum of 24 months having elapsed since your ban. So if you do the DDRS course, your ban will be finished before 24 months so you cannot apply for a reduction, I’m afraid.
 
Dui ( drink under influence) I don't have a solicitor and only the same cps woman dealing with my case will be representing plus same judge as she picked the date. I was undergoing ptsd symptoms which triggered me to drive..and I've been informed this report will be presented to judge before my final court date
Hi Chelimo

I notice you have ben asking about early removal of your ban.

Unfortunately the soonest you can apply for this given the length of your ban is 2 years after the ban.

As you were only sentenced in March 2021, the soonest you could apply would be March 2023 and even then it is very doubtful it would be successful.

Given that if you complete the awareness course your ban will be 22 months, it will finish earlier than the date you could apply.

Have a read at this on the DVLA website.

 
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