price1367
TTC Group
"hi, very urgent help required. my partner who blew 126 in a breathlyser test has his court date tomorrow, but has buried his head in the sand , so now im trying to prepare something. will a custodial sentence be imposed, there are mitigatign circumstances,will the courts consider these ,"
I am posting this again on the general forum, as the solicitor is unlikely to answer this in time to help your husband before he goes to court in the morning.Your husband needs to talk to the Duty solicitor when he gets to court in the morning. There is one available at every court sitting. I have to say that custody IS an option at 126... the threashold is 120 . The advice will be free.
The court will consider mitigation, but the guidelines are 29 to 36 months ban and a starting point of a 12 week prison sentence. He has to try to talk it down from that - and he will not do it with his head up his a.... well, where the sun doesn't shine!
The mitigation needs to be about the impact on his job and your family, not so much about just your husband as the court intends him to be punished, they put more weight on the impact on others.
Get his best suit out for the morning and smarten him up for the court appearance.
If the magistrates are considering custody, they will adjourn the case for reports, so he he is not going to prison tomorrow. They may, however, disqualify him immediately.
This guide to what happens at court might be a useful read through, don't just read it yourself, get him to make the effort as well!
http://www.drinkdriving.org/drink_driving_magistrates_court_guide.php
I am posting this again on the general forum, as the solicitor is unlikely to answer this in time to help your husband before he goes to court in the morning.Your husband needs to talk to the Duty solicitor when he gets to court in the morning. There is one available at every court sitting. I have to say that custody IS an option at 126... the threashold is 120 . The advice will be free.
The court will consider mitigation, but the guidelines are 29 to 36 months ban and a starting point of a 12 week prison sentence. He has to try to talk it down from that - and he will not do it with his head up his a.... well, where the sun doesn't shine!
The mitigation needs to be about the impact on his job and your family, not so much about just your husband as the court intends him to be punished, they put more weight on the impact on others.
Get his best suit out for the morning and smarten him up for the court appearance.
If the magistrates are considering custody, they will adjourn the case for reports, so he he is not going to prison tomorrow. They may, however, disqualify him immediately.
This guide to what happens at court might be a useful read through, don't just read it yourself, get him to make the effort as well!
http://www.drinkdriving.org/drink_driving_magistrates_court_guide.php
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