Any experience of pleading not guilty to Failure to Provide?

[Luna2000]

Someone in the family needs to make sure your AUnt has no access to her car during the length of the ban as given her history, it is likely she will try driving it while drunk. If she's caught doing that then she may be looking at prison time.

In any case, she needs to seriously do something about her drinking. The problem is, it has to be her decision. No one can force her.

 

[WinterSnow]

If I’m reading this right; she has been recently disqualified for DUI but also has a not guilty plea pending for failure to provide due in court in May plus a previous DUI 5 years ago. I fear your Aunt may be facing custodial and she should certainly not be on the roads. Take the car and keys away for her and everyone else’s safety x

 

[topchippyles]

If I’m reading this right; she has been recently disqualified for DUI but also has a not guilty plea pending for failure to provide due in court in May plus a previous DUI 5 years ago. I fear your Aunt may be facing custodial and she should certainly not be on the roads. Take the car and keys away for her and everyone else’s safety x

That about sums it up

 

[aprilfool]

Yes that’s right - she had a pre sentence report thing today that she won’t tell anyone about (except they were ‘hard faced’), then full sentencing end of march for the drink-driving. I don’t know what happens when she gets to the may court hearing!

 

[topchippyles]

Yes that’s right - she had a pre sentence report thing today that she won’t tell anyone about (except they were ‘hard faced’), then full sentencing end of march for the drink-driving. I don’t know what happens when she gets to the may court hearing!

Custodial is a big possibility they will determine that on the pre sentence reports i avoided it by the skin of my teeth due to having an autistic son and my wife could never cope alone.

 

[WinterSnow]

Yes that’s right - she had a pre sentence report thing today that she won’t tell anyone about (except they were ‘hard faced’), then full sentencing end of march for the drink-driving. I don’t know what happens when she gets to the may court hearing!

Well tbh they would be hard faced. This isn’t an error of judgment; it’s total disregard for anyones safety including her own. She obviously needs help and maybe custodial will do that. How old is she? I hope she gets the help she needs to get through this and I also hope you and your family are ok with the worry this causes. Please don’t allow her the ability to get behind the wheel x

 

[Sundog]

She has no chance of getting off. Let’s just be clear about that.

Just like the rest of us, she does not count more than the safety of ALL other road users, who follow the rules in a way we were all discovered/established not to have done.

Her mental health issues - which will not and never will be helped by alcohol, I can tell you that from (thankfully now long ago) personal experience - may mitigate the sentencing. But that’s about all it will do.

Pleading guilty would have been better.

 

[aprilfool]

Minor update - she received a suspended sentence today for the most recent drink driving (along with fine and community service). What happens when she now has the failure to provide trial in May? If she is found guilty does that count as impacting her suspended sentence?

Not sure anyone will know but worth an ask. Tried asking aunt but she said it was none of my business, which I suppose is kind of true…

 

[topchippyles]

Minor update - she received a suspended sentence today for the most recent drink driving (along with fine and community service). What happens when she now has the failure to provide trial in May? If she is found guilty does that count as impacting her suspended sentence?

Not sure anyone will know but worth an ask. Tried asking aunt but she said it was none of my business, which I suppose is kind of true…

I should imagine a custodial sentence is a real possibility if she is on a suspended sentence. I think i remember reading the trial is for an offence committed previous to the one she was in court for today maybe that will be a factor.

 

[stu12341234]

My aunt has been charged with failure to provide. She previously had a DUI five years ago. She believes she will get off due to 'mental health' ie being too upset to provide as the date she was arrested roughly coincides with the anniversary of her mother's death only one year ago. While this is awful, I believe she is an alcoholic and it would be better for her to lose her license. She has found a lawyer who says she can win.

How likely is it to get off on 'mental health' in these circumstances? She has a nice manner in person that means people tend to be sympathetic to her. I am also sympathetic (even if it doesn't sound it here) but I am very worried she will end up hurting someone if she keeps her license.

I don't know if the police were able to get any readings from her (I'm getting this info second-hand unfortunately)
.
(If you're wondering if you've seen this post before, I initially posted this in advice and then realised it's not advice I want really - it's experience/thoughts!)

Hi,

Your Auntie needs help, rehab may be the way forward if that was also put that towards the magistrates.

Prison can make it worse, especially for addictions.

Alcohol and/or Drugs is a underlined problem that needs to be addressed in alot of cases.

Why in the first place it started that way, and why it still going on afterwards.

Needs to be Addressed.

I send my best,.

Otherwise it will not stop.

Kind regards,





Stu

 

[Sundog]

Minor update - she received a suspended sentence today for the most recent drink driving (along with fine and community service). What happens when she now has the failure to provide trial in May? If she is found guilty does that count as impacting her suspended sentence?

Not sure anyone will know but worth an ask. Tried asking aunt but she said it was none of my business, which I suppose is kind of true…

Did the magistrate know about the upcoming court appearance? If so she may get lucky, if not…

 

[Honestman]

Minor update - she received a suspended sentence today for the most recent drink driving (along with fine and community service). What happens when she now has the failure to provide trial in May? If she is found guilty does that count as impacting her suspended sentence?

Not sure anyone will know but worth an ask. Tried asking aunt but she said it was none of my business, which I suppose is kind of true…

I would of thought the crime was committed before the suspended sentence making it non enforceable, any crime past the date would result in action, but please correct me if I am wrong

 

[C J 1980]

I would of thought the crime was committed before the suspended sentence making it non enforceable, any crime past the date would result in action, but please correct me if I am wrong

Honestman

I think your right here mate - as Auntie was not actually subjected to any punishment/sanction when the 2nd drink driving 'failing to provide' offence occurred (she received the punishment for the 1st offence while on bail for the 2nd offence) I don't necessarily think the Court's can send her to the Jailhouse when she next appears in May.

What I would say in these circumstances, is that a Solicitor (in my opinion) would be ideal to soften the blow. I am not advising her to plead either 'guilty' or 'not guilty', but a Solicitor would be beneficial in agreeing what punishment should be given for May's court appearance as she is potentially closer to a custodial sentence than most other DD offenders.

Finally, I will re-itterate what other members have said - this lady needs to be physically stopped from accessing any vehicle!!! I don't know the 'why's and wherefore's' of the background here but I do suspect Auntie might need some professional help before someone gets killed or seriously injured.

CJ

 

[Notahappyperson]

Any update on this case?

 

[aprilfool]

Only a depressing update that might give some false hope.

So, the police actually dropped the failure to provide case due to lack of evidence. Aunt super pleased and thinks it proves she was never drunk at all, I'm pretty sure it's because she already had a hefty punishment and it wouldn't necessarily be seen as breaking her probation so not a good use of time.

Aunt still an alcoholic in denial. She was talking about riding a bicycle the other day, but at least she has no access to a car whatsoever.

 

[topchippyles]

Aunt still an alcoholic in denial.

The worst kind really.

 

[Notahappyperson]

Only a depressing update that might give some false hope.

So, the police actually dropped the failure to provide case due to lack of evidence. Aunt super pleased and thinks it proves she was never drunk at all, I'm pretty sure it's because she already had a hefty punishment and it wouldn't necessarily be seen as breaking her probation so not a good use of time.

Aunt still an alcoholic in denial. She was talking about riding a bicycle the other day, but at least she has no access to a car whatsoever.

Sorry to hear man

 

[Norts]

Aunt still an alcoholic in denial. She was talking about riding a bicycle the other day, but at least she has no access to a car whatsoever.

When I was an invincible kid, I had a party to go to. Driving wasn't an option as lots of beer was to be had, so me and a few mates cycled there. I only made it half way back. Spent the early hours in A&E and had nine stitches in my mouth as a souvenir.

Public transport is the future for your stubborn Aunt!

 

[C J 1980]

Aunt still an alcoholic in denial. She was talking about riding a bicycle the other day, but at least she has no access to a car whatsoever.

Hopefully the last few words are accurate. This lady is probably one of those people who will fail to learn from this and will continue to get behind a wheel until something tragic occurs.

CJ

 

[Sundog]

When I was an invincible kid, I had a party to go to. Driving wasn't an option as lots of beer was to be had, so me and a few mates cycled there. I only made it half way back. Spent the early hours in A&E and had nine stitches in my mouth as a souvenir.

Public transport is the future for your stubborn Aunt!

That’s hilarious. I recall the time (about 17 or 18 years old) a few of us - mid party - were cycling to a local Drive Thru, completely wankered. I ended up in a hedge, and in bed not long after.