Carlos Tevez has been in the news a lot recently and not always for his skills with a football. Mr Tevez has been before Macclesfield Magistrates Court previously with the assistance of a specialist motoring law solicitor. He has been looking for ways to amend his sentence that was passed some time ago in relation to an offence of driving whilst disqualified. Mr Tevez still has some hours left of his community service and these form part of the sentence that was passed on him by the Court. The motoring offence of driving whilst disqualified has always been viewed dimly by the Courts as it is usually evidence of a person directly contravening a previous order that has been made by a Court. The offence itself can carry a further ban and even custody in the appropriate circumstances.
Tevez was given 250 hours of community service to carry out and must complete this requirement to the satisfaction of the Court and the Probation Service, but any one person can only carry out 40 hours of service per week. A breach of the order can bring him back before the Court and an additional sentence can be passed. There is a facility to re-sentence a person for a crime but there needs to be strong evidence before this can be varied by the Court and Tevez will need to show that he had made good progression the original order and that he would be willing to face a different type of punishment if that was what the Court decided.
In cases such as this a specialist motoring solicitor can make all the difference and ensure that a good and reasonable sentence is passed, there is often a good reduction for an early guilty plea and this can be reduced further by good mitigation being established in Court.
By Martyn Walsh, associate solicitor in the transport & motoring department