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?
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?