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Mitigation? Son arressted for Drug Driving

#1
Hi,

My son was arrested for drug driving. He had taken a bend too fast and his car was stuck on the verge. We were attempting to retrieve the car when the police arrived. A month before this he disclosed that he had been seriously sexually abused by a neighbour for 2 years as a child. He has since been diagnosed with severe depression. His blood test result is back now so he is due to go back to the station to be charged. Is it worth telling the magistrate about the abuse and depression as I am sure he will not want to. I don't want to suggest it if it's unlikely to make a difference.

Also, what sentence is he likely to receive? Will the car being off the road (quiet rural location) be an aggravating issue and push him into the higher band?

Thanks
 
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#2
There are no current sentencing guidelines for the new offence of driving with excess drugs and it is not possible to give definitive advice regarding sentence based on the information we have available. If convicted of this offence then the court will impose a minimum 12 month disqualification. It sounds like there is a lot in your son's background that should be brought to the court's attention. Personal circumstances about the offender can be taken into consideration to help inform the magistrates' of any relevant background to the offence or offender. The court will also consider the circumstances of the offence, meaning that an accident can be considered as an aggravating factor upon sentence. I recommend that your son takes advice regarding the detail of the offence itself and the detail of his background to help identify the relevant points to deal with at court.
 
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