Mansfield road traffic solicitor secures constructive sentence for client
Mansfield road traffic solicitor Tim Haines provided advice and representation to a client facing a custodial sentence for a second drink drive conviction within 8 years.
The client’s situation was made worse by the circumstances of the case. He rolled his car in the early hours of the morning and then abandoned it. When he provided a sample of breath he was over twice the legal limit to drive.
Tim’s client had been out of trouble for sometime, having put significant difficulties with drink behind him. Unfortunately, the loss of a close family member meant that he turned once again to drink. This offence was committed at the end of that period.
An early guilty plea
We provided advice that an early guilty plea would stand our client in good stead at his sentencing date. Tim also advised that character references should be obtained setting out all of the good work that his client had done on his own behalf to tackle his drinking. They could also touch on the effect of the bereavement upon him.
Hospice staff were kind enough to provide written confirmation of the closeness of our client and the deceased, and the meetings that they had leading up to his death.
The Magistrates’ were persuaded that there should be some input from the probation service to investigate alternatives to custody. The probation office liaised with third party agencies who had been assisting our client on a voluntary basis since he was charged with this offence.
A prison sentence was avoided
Careful mitigation that stressed the particular circumstances of this case and our client’s clear intention to put his drinking behind him again mean that he received a community order. This involved unpaid work. Supervision was not necessary due to the efforts he was making on his own behalf.
He was of course subject to a lengthy driving disqualification. This can be reduced if he completes the alcohol impaired drivers course.
Contact a Mansfield road traffic solicitor
Although there are always serious risks involved with any allegation of drink driving there are sometimes compelling circumstances that will allow the court to depart from the expected sentence. An experienced solicitor such as Tim will provide you with advice as to how best to prepare for sentence, and then try to secure the best outcome through his expert mitigation on your behalf.
In a case such as this, free criminal legal aid might be available for your representation in the Magistrates’ Court dependent upon your means. We will always give you advice on how best to fund your case.
If you wish to discuss your case then please call Tim on 01623 675816 or use the enquiry form below.
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