Second offence but first since mental illness diagnosis

[cosmicdancer]

In 2004 due to a bungled suicide attempt (I drank a small bottle of whisky for dutch courage before heading to the sea), I was convicted (first ever offence), banned for 2 years and given a fine.
This January I was diagnosed with Borderline Personality Disorder (a mental illness characterised by emotional instability, suicidal thinking and impulsive destructive behaviour.) I started treatment only last month.
At the beginning of this week I decided to end my life and drove my car at speed into a parked up (nobody in the vehicle) lorry. The car was a write off and I had to be cut out of the roof. I was assessed in A&E by a psychiatrist, admitted to a psychiatric unit, and my psychiatrist diagnosed me as also having bipolar disorder. She discharged me and changed my medication so that I am now on an anti-psychotic drug as well as anti depressant. A police officer stayed with me in A&E, but eventually left, with a few other officers because he knew I was going to be transferred. A breathaliser at the hospital was 88 (the limit was 35). I am now home. I have not been arrested and my car has not yet been released for the police to look at. As this is my second drink driving offence, will I face a custodial sentence? Will my mental illness be taken into consideration and is there such a thing as a justice liaison service for people with mental illness. I am a woman in my early forties by the way and I have not other convinctions. No damage was done to the lorry or any other people.Many thanks.

 

[Forum Moderator]

In 2004 due to a bungled suicide attempt (I drank a small bottle of whisky for dutch courage before heading to the sea), I was convicted (first ever offence), banned for 2 years and given a fine.
This January I was diagnosed with Borderline Personality Disorder (a mental illness characterised by emotional instability, suicidal thinking and impulsive destructive behaviour.) I started treatment only last month.
At the beginning of this week I decided to end my life and drove my car at speed into a parked up (nobody in the vehicle) lorry. The car was a write off and I had to be cut out of the roof. I was assessed in A&E by a psychiatrist, admitted to a psychiatric unit, and my psychiatrist diagnosed me as also having bipolar disorder. She discharged me and changed my medication so that I am now on an anti-psychotic drug as well as anti depressant. A police officer stayed with me in A&E, but eventually left, with a few other officers because he knew I was going to be transferred. A breathaliser at the hospital was 88 (the limit was 35). I am now home. I have not been arrested and my car has not yet been released for the police to look at. As this is my second drink driving offence, will I face a custodial sentence? Will my mental illness be taken into consideration and is there such a thing as a justice liaison service for people with mental illness. I am a woman in my early forties by the way and I have not other convinctions. No damage was done to the lorry or any other people.Many thanks.

Your mental illness will be taken into consideration, however a minimum 3 year ban is mandatory for a second drink driving offence within 10 years. For a second offence and a alcohol reading of 88 sentencing guidelines suggest a band c fine and a 36-46 month driving ban. Magistrates can deviate these guidelines depending on the aggravating and mitigating factors of each individual case. The fact that you were involved in an accident will be considered an aggravating factor and can only go towards increasing any sentence imposed. I would suggest your consult with a solicitor if you have not already done so.

By the sounds of things, your main priority should be your mental health and finding the help you need.