2nd offence

[Mark08]

Second time caught within around 3-4 years.

First time blew 117 after being in an accident, no insurance. Got ban, community service, fine and house arrest.

Second time blew 119 but was just a pull over.

Should i expect a custodial sentence?

Thanks

 

[SeanJoyceStephensons]

I would be very surprised if the Magistrates did not consider imposing a custodial sentence, however having said that it is not inevitable. Because of the severity of the offence you may well be eligible for legal aid, dependent upon your household earnings, you should contact a local solicitor to confirm with them. If you are not eligible you would need to instruct someone privately if you were to be represented at Court, my department specialises in this area and we would be happy to assist, if you are interested in this then please feel free to call on 0333 999 7158. Because of the potential for a custodial sentence I heavily suggest that you are legally represented in your hearing to give you the best chance of avoiding a custodial sentence.

 

[Mark08]

Thanks for the reply. I'm not too sure how it works, do i get sent down there and then if thats wot they decide? Or do i get anuva court date so that i hav time to get my affairs in order? Also is there anything i can do which will help reduce the likelyhood of a sentence? Such as signing up to a drink problem course before hand etc

 

[SeanJoyceStephensons]

If you are given an immediate custodial sentence then yes you will be sent to prison straight from Court, however if you are given a suspended sentence then you will not go to prison unless you commit a further offence. If you are dependent on alcohol then yes you should be looking at signing up to a support group to try and reduce the chance of any further offences being committed. Again I suggest that you are legally represented at the hearing as a solicitor will be able to prepare a specific plea of mitigation to give you the best chance of avoiding a custodial.