AG -v- Hollings [2015] JRC 064 (30 March 2015)
The defendant was not disqualified from holding or obtaining a driving licence under the Road Traffic (Jersey) Law at the material time because no order was made under Article 35(1) extending the disqualification beyond the fixed period; therefore, Regulation 2(4) did not apply and he was lawfully driving under his...
Source-derived case information.
- Citation
- [2015] JRC 064
- Parties
- Defendant: Mark Lee Hollings; Prosecutor: The Crown
- Jurisdiction
- Jersey
- Judgment Date
- 30 March 2015
- Procedural Posture
- Criminal / Trial Legal Argument on Plea
- Outcome
- defendant discharged
- Legal Topics
- Driving Whilst Disqualified, Interpretation of Disqualification Orders, Visitor Driving Permits
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mark Lee Hollings
Defendant
The Crown
Prosecutor
Procedural Posture
Criminal / Trial Legal Argument on Plea
Legal Issues
- 1 Whether the defendant was disqualified from driving under Jersey law at the material time despite no order being made under Article 35(1) of the Road Traffic (Jersey) Law 1956
- 2 Whether Regulation 2(4) of the Motor Vehicles (International Circulation)(Jersey) Regulations 1958 applied to the defendant as a visitor with a UK licence
Ratio Decidendi
The defendant was not disqualified from holding or obtaining a driving licence under the Road Traffic (Jersey) Law at the material time because no order was made under Article 35(1) extending the disqualification beyond the fixed period; therefore, Regulation 2(4) did not apply and he was lawfully driving under his UK licence as a visitor.
Court Disposition
defendant discharged
Orders
- The defendant is discharged from the count of driving whilst disqualified.
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