AG -v- Hollings [2015] JRC 064 (30 March 2015)

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
Criminal Law Road Traffic Law Driving Whilst Disqualified Interpretation of Disqualification Orders Visitor Driving Permits

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Parties

Mark Lee Hollings

Defendant

The Crown

Prosecutor

Procedural Posture

Criminal / Trial Legal Argument on Plea

  1. 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. 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.