Second drink driving offence within 10 years

lanaos

New member
#1
Hello Sean,
My partner is attending a court case this Wednesday, 12thNovember 2014, for his second drink driving offense in 10 years. The firstoffence was about 8 years ago and he served a 3 year ban with some communityservice.
I did not know him back then but do feel completely guilt asI asked him to collect me from the shops half a mile from where I live when Iknew he had had a drink. We argued a bit about it when he picked me up andmissed turning off into my drive. We headed up a road about another half mile todo a U turn and consequently pulled into a pub to air out our grievances but onthe way home. We hadn’t eaten anything, hence the point of me at the shops. Hecaught the attention of the police car by reeving as we exited the car park.
He drove passed my house, and pulled over at the same shopsagain (driving total of 2miles under the influence) as he. We were obviously distressedand although he took the initial breath test when pulled over (blowing 72ug), Ibelieve he may have gotten a bit aggressive in the car to the police station andrefused to take further breath test.
He did however take the drug test. He had to stay overnightand was ignored when repeatedly asking for some water. About 5 hours later,someone came to check on him.
I am not sure what the circumstances are for refusing to doa specimen test in the policy station but given the fact that I financiallysupport him right now, I can not afford a solicitor. I hoped to try get him ajob relating to driving as that would be the quickest way to earn him somemoney until he got himself back on his feet. With this pending band, it will beharder to find him work and also impact on his metal state more as his familylive an hour away and he often has to go visit them.
I am terrified the band could impose a hefty fine and orimprisonment. I do not know what to expect but am trying to gain as muchknowledge as how best to prepare him for this case on Wednesday. He is toodistraught to want to get out of bed right now. But I have no evidence tosupport his health issues as we are only new in our relationship.
Can I be a character witness at his case and will it help inhis defence? Any advice would be greatlyappreciated.

Kind regards,
Lana

 
#2
You can certainly be a character witness for him at Court and explain the difficulties he is struggling with. If he has been medically diagnosed with depression I would also advise that you obtain a note from his doctor to confirm this.

If your partner has refused to provide a specimen then I cannot say with any certainty what level of disqualification etc he will be looking at. However the fact that he blew 72 at the roadside will be used in evidence against him regarding his level of impairment. Based upon this and a deliberate refusal to provide a specimen I would expect him to receive a 36-52 month disqualification and a community order.

However this is based upon him only having one conviction within the last 10 years. The fact that he was disqualified for 3 years last time would indicate that this was not his first offence. If he has 2 offences within the last 10 years then the Court may well consider imposing a custodial sentence. They may also choose to do this if there are severe aggravating factors in the case.

If you are unable to afford legal representation I would strongly suggest that you meet with the duty solicitor at Court to discuss the matter and what can be done.
 
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