Drink driving 2nd offence crash

Convicted Driver Insurance

Doors

New Member
Hi,

I am after a bit of advice in regards to my brother who has been caught drink driving. He was caught after crashing his car (which is now a write off) and has no memory of the incident. His breath test was around 103 I think.

He has only had his licence back for 8 months after previously being banned for crashing into his neighbours car with a reading of 65, for which he served a two year ban.

He doesn't see the point of getting a solicitor as he thinks regardless, he will just receive a ban and a fine, however I'm concerned there's a possibility of a custodial sentence, especially as his defence is that "he can't remember".

He he does have mitigating circumstances such as divorce, and probably undiagnosed depression and as a family we are very much looking for him to get help for alcohol issues.

Would a a solicitor be able to help in this situation? Would a custodial sentence be likely?

thanks
 
The minimum length of ban for a second offence within 10 years is 36 months but can be as high as 52 months under the sentencing guidelines (found here).

In addition, for a reading of 103 in breath the guidelines suggest a starting point of a medium level community penalty. This could involve unpaid work, supervision by the probation service or an electronic tag. There are other community penalties specific to alcohol related offending that the court can impose.

Usually, a prison sentence is only considered for an breath reading of 120 or more. However, the fact he was also involved in what sounds like a relatively serious accident and it has occurred so soon after his last ban for a similar offence ended increases the seriousness and the court may take a very dim view. They may well ask for an "All options pre-sentence report" to consider all their sentencing powers, including the possibility of custody. Whether they ultimately impose a custodial sentence will depend on how persuasive his mitigation is.

I would strongly recommend that he arranges legal representation. This can be arranged for a fixed fee and could prove to be a good investment. If you would like help in arranging legal representation then feel free to call my drink driving team on 0333 323 3727 for a free, no obligation discussion and advice.
 
Enter code DRINKDRIVING10 during checkout for 10% off
Top