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Driver caught without seatbelt in Castle Road, Chatham, was already banned and has now been caught driving while disqualified three times

By: Lynn Cox lcox@thekmgroup.co.uk

Published: 14:00, 15 April 2023

A driver who was stopped by police for not wearing a seatbelt was found to be banned from the road – and has now been caught driving while disqualified three times.

Florin Calin was given a final warning by magistrates after being seen behind the wheel of a Fiat Doblo without a belt on in Castle Road, Chatham.

Police pulled over Calin in Castle Road, Chatham. Stock image

When he was pulled over, he gave the registered keeper's details and not his own, a court heard.

The 37-year-old said he did not have any ID on him then gave the officer incorrect details but after about an hour-and-a-half he handed over his Romanian identify card and was arrested.

Further checks revealed while he had a full licence to drive in Romania he had only a provisional licence to drive in this country, which had expired.

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Calin, of Longhill Avenue, Chatham, was charged with driving while disqualified, without a seatbelt and without insurance.

He appeared before Medway magistrates on Wednesday, April 5 and admitted all three charges.

Calin was found to only have a provisional UK driving licence which had expired. Stock picture: GettyImages

The court heard he was pulled over on November 23 and that it was the third time he had been caught driving while banned.

However, it was revealed during the hearing Calin had not been in court when he was last disqualified under the totting-up scheme and had moved since then and had not received the letter telling him he had been banned.

The totting-up rule is a ban drivers get as a result of accumulating 12 or more penalty points on their licence within three years.

The courts then decides the length of the ban, which can last for a minimum of six months, depending on the severity of the offences.

Magistrates were told Calin was banned until July 14 this year and the car he was driving had been insured but not for him to drive it.

It's the third time Calin has been caught driving while disqualified. Stock image

Debbie Jones, prosecuting, said: "The officer spotted the Fiat in Castle Road. It was in poor condition and he was not wearing a seatbelt.

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"He was stopped for the details of the registered keeper and he said he had no ID for himself and gave the incorrect details for 90 minutes.

"He then produced his Romanian ID card and checks revealed he only had a provisional licence which had expired and that he was banned from driving until July 14, 2023.

"On July 15, 2021, he was disqualified for 24 months under the totting-up scheme given his previous record for driving, including two previous convictions for driving while disqualified when he got suspended sentences."

Simon Holmes, defending, told the court his client had moved and was not notified about the current ban.

Calin admitted three offences when he appeared at Medway Magistrates Court. Stock picture: John Nurden

Mr Holmes said: "He was not present in court when he was disqualified. He's moved twice in a relatively short space of time.

"It was not bad driving, he was going to his brother's and it was a short journey."

Magistrates accepted the fact Calin was not in court when he was disqualified but told him it was his responsibility to give his new address to the DVLA.

The bench decided to jail Calin for 120 days for the driving while banned offence but suspended the term for two years and disqualified him from driving for another year.

Chairman of the bench Mark Tucker said: "You can't drive here on your Romanian licence. Do not drive until you get your UK licence back, pass your test.

"This is your final, final, final warning, do you understand? Do not drive until the DVLA say you can."

Calin received no separate penalties for the not wearing a seatbelt and driving without a licence offences but his licence will be endorsed. He was also ordered to pay a victim surcharge of £154 and £85 court costs.

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