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Trimley disqualifed driver drove because he had not received confirmation of ban, court told

30 November, 2016 - 11:51
Ipswich Magistrates Court on Elm Street.

Ipswich Magistrates Court on Elm Street.

Sarah Lucy brown

A motorist drove while disqualified because he thought he was still able to get behind the wheel until he received written confirmation of his ban, a court heard.

Elvis Fair, of Thurmans Lane, Trimley St Mary, pleaded guilty at South East Suffolk Magistrates’ Court to driving while banned and having no insurance.

Prosecutor Colette Harper said the offences occurred when the 52-year-old was stopped by police while behind the wheel of his Mercedes ML500 in High Road, Trimley St Mary at 8.10am on November 10.

A police national computer check showed he was a disqualified driver.

The court was told Fair said he was unaware he was disqualified, but admitted he had spoken to someone at Lincoln Magistrates’ Court where a case had been held in his absence who told him he was banned.

Fair thought he would be all right to drive until he received formal notification by post.

His six-month driving ban was due to finish on April 9 next year.

Magistrates heard Fair had previous driving convictions and bans in the past 20 months.

In October this year he was convicted at courts in Norwich and Lincoln for motoring offences, and a six-month ban was imposed.

During his latest court case at Ipswich a deprivation order was applied for in order for police to be able to confiscate the Mercedes which is worth around £5,000.

Lyndon Davies, mitigating, said Fair had cases before Norwich magistrates on October 10 and Lincoln magistrates on October 27.

When Fair contacted Lincoln Magistrates Court he was told his hearing had taken place without him and that he would get confirmation of his disqualification in the post.

Mr Davies said Fair did not receive confirmation and wrongly thought he could continue to drive.

He had been about 100 yards from home when he was stopped by police.

Mr Davies said: “That’s when he discovered he was clearly in the wrong. He maintains he has not had any written confirmation of that hearing.

“He really should have triple-checked the situation and made absolutely sure before he drove.

“He accepts that now and has pleaded guilty today.”

Magistrates banned Fair for a further eight months until July 27 next year.

He was fined £600 and ordered to pay costs of £85 as well as £60 to the victims’ fund.

No deprivation order was made for the Mercedes.

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