Drunk-in-charge, appeal possible?

Convicted Driver Insurance

skyflyer

New Member
My (95-year-old) mother's carer (S) has just been banned for DiC. She was visiting a friend (F) with whom she had arranged to stay the night. They consumed a bottle of wine and S wanted a cigarette. F does not allow smoking in her house so S went to her car where she rolled and smoked a cigarette. Nearby a loud party was going on and whether because of that or coincidentally a van load of police arrived. S was breathalyser and arrested. She did not tell my mother as she was too embarrassed so it has gone to court and she has been banned.

It strikes me that provided S made her case about only being in the car for a smoke and that F independently confirmed that S was planning to stay the night and that she (F) did not allow smoking in her house, then S should have had the statuary defence to the charge. It appears however that the police made no attempt to verify S's story and F did not know she had been arrested until she called her from the police station!

S urgently has to drive 30 minutes each way to get to my mother; her job is at risk if she can't do this. She is not well off and there is no acceptable public transport (my other lives down a two mile private road) It has taken literally years to find a carer for my mother who is as relaible and caring as S. My mother's health will undoubtedly suffer if S cannot attend and it will take some considerable time to find an acceptable alternative.

I understand that an appeal can be made against the sentence. I understand this must be made to crown court within 21 days of the conviction. Can you tell me what the likely costs will be of such an appeal as I would consider funding it and speaking on behalf of S at such an appeal. I also understand that once the appeal is submitted an application to reinstate the licence pending the appeal can be made. Can you advise how this is done - where do we find forms etc?

S was poorly advised and pleaded gilt, expecting not to be banned. Therefore as i understand the law she can only appeal against the sentence not the conviction.

Is this a lost cause?
 
additional info:

I have just spoken to S in detail. She received a 24 month ban!!! Neither her nor her solicitor were permitted to give mitigating circumstances.

But she pleaded guilty...
 
To clarify, if she has been given a 24 month ban then it is a virtual certainty that she was charged with drink driving rather than drunk in charge. Even had her reading been 4 times the legal limit, the sentencing guidelines only advise the imposition of a 12 month disqualification at most.

If S was actually charged with drink driving, as seems to be the case based upon the sentence, then a disqualification is mandatory and there is no basis to avoid this by using mitigation. If the account given by S is correct then I would have serious queries as to why she was charged with drink driving, and why she plead guilty to this allegation. It would be very difficult for her to misunderstand the offence she was charged with as she would have been told this when charged by the police, it would have been written on the charge sheet, and also read out in Court in her presence.

Similarly, I have never heard of the Court refusing to let someone put forward mitigation before determining a sentence. It would be highly unusual to say the least.

The Court will write to S to confirm the result and to give information about how to pay the fine/costs that were imposed. I would strongly advise that you wait until S receives this and that you review it before agreeing to fund any appeal against sentence.
 
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