2nd offence - crash

Convicted Driver Insurance

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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 ban for a second conviction in 10 years is 3 years. With a reading of 103 it is much more likely to be 4, even 4 1/2.
the court obviously took a dim view of his first offence because for 65 the guidelines are 17-23 months and they went about that.
it is certinly an aggravating factor that he has done this only 8 months after getting his licence back and there being an accident, even if his was the only car involved.
the guidelines for where the magistrates MUST consider imprisonment is 120+, but at 90 or above that CAN be an option.
i think he would benefit from a solicitor to speak for him. With Decent mitigation about his depression (try to get him to see the doctor so it is more than just suspected) then the outcome could be a cummunity menalty with some community service, supervision and a DIDS course (Drink Impaired Drivers) the solicitor should ask for a Drink Drive Rehabilitation Course. If offered and he completes it, it will reduce his ban by up to 25%. If he cannot afford a solicitor he can see the Duty Solicitor at court. That is free, but their scope for putting together mitigation is obviously limited it the few minutes they will have to speak to your brother.
He is right that a solicitor will not be able to stop the ban, but if his mitigation is not put forward properly then it is right to say that custody could be an option.
 
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