Possible sentence

[stevepaul2599]

I had a accident in November and now got court date for may and blew a 75 and also unfortunately hit a parked car and wrote mine and the other car off and was also charged with drink driving almost 11 years ago so wondering what possible punishment I'll be looking at?

Thanks Steve

 

[Martin Hammond]

Good morning,

75ugs in breath would usually mean a fine and disqualification, but the accident is serious and will certainly move the offence into community punishment territory. If you are outside the ten year rule then the 3 year minimum ban will not apply but the Court will certainly be aware of your previous conviction.

This is one of those situations where a really good specialist lawyer mitigating for you will make the difference so if your finances allow for it you should certainly look to instruct.

Kind regards
Martin.

 

[stevepaul2599]

Unfortunately my financial situation won't allow that so hopefully I'll be able to speak with duty solicitor at court as did 11 years ago,so will be looking at a community order instead of a fine or could it be both?
Thanks Steve

 

[Martin Hammond]

No it would be instead.

 

[stevepaul2599]

Oh ok and thanks for your help and one thing don't understand as a long time since been court is now does the court know about my working situation if giving me a community order as work 6 days a week and quite a few Sundays aswell so not sure how would tell them and where would fit community payback in with work etc

Thanks Steve

 

[Martin Hammond]

You have to be very careful here as if you tell a Court you cannot do community punishment you only leave them with the options of a fine or custody. If I were in this position I would find the time.

Kind regards
Martin.

 

[stevepaul2599]

I'm not saying I can't as would happily do evenings if that's possible and it's only a few Sundays so if had to do community payback on a Sunday which is fair enough but had to work one Sunday I obviously can't not work

 

[Martin Hammond]

Yes I understand what you are saying but they may misconstrue what you are saying. In my experience you need to tell them that the punishment comes first and you will find a way to do it if you wish to avoid giving the Court the wrong impression. That's just my opinion

Kind regards
Martin.

 

[stevepaul2599]

Yeah that's fair enough as you say Punishment comes first which totally agree with unless they said I need to miss work etc to do community payback so I'd lose money which would never happen as would rather take a few week jail term then lost say 6 months Sunday work money

Thanks Steve