Appeal - sentence
- Thread starter DAVID999
- Start date
SeanJoyceStephensons
Solicitor
A breath reading of 48µg places you in the lowest bracket of the sentencing guidelines. Those guidelines are issued to magistrates and are used when determining the appropriate penalty to be imposed. This particular bracket includes a fine, which is based on your financial means, and a driving disqualification for a period between 12 – 16 months.
To assist the magistrates, the sentencing guidelines also make reference to aggravating and mitigating factors that can increase or decrease the penalty to be imposed by the Court. It is not clear which of those factors are relevant to your case based upon the information provided.
The decision to offer a defendant the opportunity to complete drink driving rehabilitation course is discretionary. As such, specific submissions need to be made at Court to confirm that a defendant is willing to engage in the course and the court must agree to provide you with the opportunity to attend.
On the face of it, the sentence imposed does fall within the sentencing guidelines and cannot be deemed to be manifestly excessive. However, in order to determine the merits of pursuing an appeal, a further more in depth analysis of the circumstances of your case would need to be undertaken.
In terms of appeals, please be mindful that an appeal against conviction must be lodged within 21 days of the Court’s decision.
To assist the magistrates, the sentencing guidelines also make reference to aggravating and mitigating factors that can increase or decrease the penalty to be imposed by the Court. It is not clear which of those factors are relevant to your case based upon the information provided.
The decision to offer a defendant the opportunity to complete drink driving rehabilitation course is discretionary. As such, specific submissions need to be made at Court to confirm that a defendant is willing to engage in the course and the court must agree to provide you with the opportunity to attend.
On the face of it, the sentence imposed does fall within the sentencing guidelines and cannot be deemed to be manifestly excessive. However, in order to determine the merits of pursuing an appeal, a further more in depth analysis of the circumstances of your case would need to be undertaken.
In terms of appeals, please be mindful that an appeal against conviction must be lodged within 21 days of the Court’s decision.
DAVID999
New Member
Hi
No there were no aggravating factors, it was a routine pull over as they wanted to check the ownership of the car due to an error at the garage. I had lost my job that day and had a few bottles of lager, I felt perfectly fine but hadn’t realised I was over the limit, perfectly polite and cooperative throughout no one else involved etc.
I had a previous DD conviction 23 years ago and the CPS advised to disregard this but the judge said he wouldn’t do that and said that’s why he wouldn’t offer the course apart from this when I was very young I have no other convinctins and had a completely clean licence
Just wondering really if such appeals ever have much of a chance although I know it can depend on the circumstances before thinking if the cost etc of taking it to an appeal.
No there were no aggravating factors, it was a routine pull over as they wanted to check the ownership of the car due to an error at the garage. I had lost my job that day and had a few bottles of lager, I felt perfectly fine but hadn’t realised I was over the limit, perfectly polite and cooperative throughout no one else involved etc.
I had a previous DD conviction 23 years ago and the CPS advised to disregard this but the judge said he wouldn’t do that and said that’s why he wouldn’t offer the course apart from this when I was very young I have no other convinctins and had a completely clean licence
Just wondering really if such appeals ever have much of a chance although I know it can depend on the circumstances before thinking if the cost etc of taking it to an appeal.
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