Help and advice

Convicted Driver Insurance

Ktd_02

New Member
My partner was on a night out had a few too many drinks, cut a long story short ended up commiting a few offences of driving under th influence, twoc, driving on a provisional licence so invalidating the insurance as no one was in the car to make him legal. Hes previously been in prison on and off for last 4 yrs, he came off licence last november 2011 released early may 2011 what are his chances of not being sentenced again as it was his first slip up. He was not caught driving but the police were called and they are currently doing some digging into cctv to try and spot him. Cant let him slip back into that life as he has changed his life around past 10 months but unluckily ended up drinking with old friends who are wrong kind of people that he's spent months tryin to stay away from. What can i do to keep him out, please help! Thanks
 
These are serious offences. The drink driving and TWOC (Taking a Conveyance Without Consent) are each punishable by up to 6 months imprisonment and a disqualification. The Drink driving obviously carries a minimum 12 month ban.

Although he may no longer be at risk of recall to prison if his previous sentence and licence period has expired, his previous convictions are still factors which will aggravate the offence and will be taken into account.

The final outcome will depend on a) whether they can prove his guilty beyond reasonable doubt and (if they can); b) his mitigation in court. The court are likely to request an "all options" pre-sentence report which will be prepared based on an interview with the Probation service. This report will outline the background to the offence, his personal circumstances, assess his risk of re-offending and will hopefully recommend a non-custodial sentence.

He should arrange legal representation before the next stage of the case, whether that be answering bail at the police station or going to court.
 
Could he still be done for drink driving if he supplied no reading or urine sample but just by admitting it and possibly just caught on CCTV driving the car but not knowing whether he was over th limit or not and th fact he didn't really pose much danger to the public as he only drove a short distance to local shops at 2 in the morning with no cars or people about, I know it doesn't make it ok but would they take that into account?
 
If there is no breath, blood or urine sample then he cannot be prosecuted for driving over the prescribed alcohol limit ( drink driving). However if there is evidence of him failing a field impairment/sobriety test or some other evidence from a medical practitioner expressing the opinion that he was unfit to drive then he could be produced for driving whilst unfit, even in the absence of a sample.

The time of night and potential danger posed to other road users is unlikely to affect the decision to prosecute but would be relevant whe it comes to passing sentence.
 
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