2nd offence

[Chrisg]

My friend is being charged with a second offender. The first time he was breathalysed at about 60 and received a 18 month ban reduced with the driving course about 3 years ago. This week he got arrested getting into the car, not actually driving but clearly with the intention of doing so and his reading was 119. He also had no insurance! Not sure if this will help with his sentencing but He has admitted to the police that he has a drink problem and is already on antidepressants for his state of mind. What are the court likely to sentence him too, I know at minimum he will get a three year ban but we are both terrified it will be custodial. Thank you in advance!

 

[SeanJoyceStephensons]

It depends on what charge he faces. If he has been charged with being 'drunk in charge' as opposed to driving with excess alcohol then this offence will not take the previous driving with excess alcohol offence into account in the same way. The reason for this is that an 'in charge' offence is not considered as a relevant offence that leads to a mandatory three year ban. That said, either way, the recent conviction and the level of reading does mean he is at risk of a high level community order and custody cannot be 100% ruled out. If he is charged with drink driving on this occasion and he hadn't driven and there is no evidence to suggest he had driven then it could be that the prosecution are willing to consider an 'in charge' allegation in the alternative.

The fact that he has admitted to having issues with alcohol is an important point. He should do all he can to engage with any alcohol treatment services and be as proactive as possible prior to getting to court to show them he is taking this seriously and is prepared to take proactive rehabilitative steps without prompting.

He should contact a solicitor to discuss these issues in more detail on 03330093333.