Mitigation?

[Louise_z]

A person was caught drink driving after a party.
His specimen reading was 125mg.
He showed remorse immediately after being arrested and was co-operative with the police.
However, he was convicted of DD 6 years ago when he was banned for 1 year and fined 400 pounds with a reading of 60mg. And again that was after a party.
Otherwise he is a good character with a clean driving licence.
He has two children and his wife does not work, who is currently suffering from nervous exhaustion.
In the pre-sentence report, it was decided that probation was not an option for him.
Given the facts above, normally, what shall be his penalty? Can he avoid a custodial sentence? Are there enough mitigating factors that I can use to reduce his punishment?

 

[SeanJoyceStephensons]

Only people with rights of audience are able to represent people in the Magistrates Court, i.e. qualified solicitors or barristers. The pre-sentence report should have considered all non-custodial options, not just probation (or supervision as it is now known) this should include options such as unpaid work or a curfew. I cannot give an indication of likely sentence based on the information provided, all I can say is that with his reading and previous conviction the Court will consider all sentencing options, including a custodial sentence, and impose the sentence that they feel to be the most appropriate in the circumstances.

I would advise that your friend contact a solicitor as there is a risk of a custodial sentence he may be eligible for legal aid, subject to his financial situation being within the required levels. My department would be happy to assist should he be interested in representation, however we would not be able to take the case on legal aid, we can provide a fixed fee quote if he would like to call us on 0333 999 7158.