Chesterfield criminal defence solicitor Kevin Tomlinson used all of his considerable experience and persuasive powers in a recent case. before Chesterfield Magistrates’ Court.
His client was now before the court for a new offence. The allegation was one of drink driving. She was subject to a suspended sentence imposed only six weeks earlier. She faced obvious difficulties in keeping her liberty.
The charge was excess alcohol. Her reading was 61 micrograms of alcohol in 100 millimetres of breath. The legal limit is 35 micrograms.
Kevin’s client attracted attention to herself because of her car was stuck in mud on a steep grassy bank. This was at the rear of a pub. The engine was switched on and was revving. The wheels were spinning. It appeared to the Officers that the car had been driven from the Pub carpark onto the grass bank and had then got stuck.
Without the suspended sentence being in place, it was likely that bearing in mind the low reading the penalty would be a fine and disqualification. The recent imposition of the suspended sentenec meant that the court would immediately think of activating the sentence. There would be a separate penalty for the new offence.
Kevin took full instructions from the client to put before the Court. His intention was to convince the Magistrates’ that it would be unjust to send his client to prison in all of the circumstances. His client had never been to prison so it was important that she instructed an experienced advocate who knew the type on information he needed to seek to ensure a favourable outcome.
After spending this time, Kevin then spoke with a representative of the probation service. They told him that his client was progressing well on her suspended sentence order. This enabled Kevin to argue that she ought to receive a further opportunity to work with the probation service.
As he had spent the time necessary to seek full instructions and information from third parties, Kevin was able to address the Magistrates at length about the reasons behind the recent offending. He could share personal mitigation and the good progress that his Client was making with Probation. In conclusion he said it would be unjust to send her to prison and invited the Court to impose a sentence that enabled her to keep her freedom.
After listening to the mitigation the Magistrates agreed with Kevin and agreed it would be unjust. The Court chose to impose a simple financial penalty and disqualify the Defendant from driving for 18 months. However, as a direct result of Kevin’s mitigation, the Court also offered Kevin’s client the opportunity to undertake an additional driving awareness course to reduce her ban by 25%.
To mark the breach of Suspended Sentence order the Magistrates were prepared to extend the operational period of the order by 6 months.
Kevin’s client was delighted with the outcome and relieved to not face a custodial sentence. She took the time to complete our client care questionnaire and told us ‘Mr Kevin Tomlinson was great’. She was very satisfied with the service that she had received and would be certain to recommend him to others in a similar position.
Our client had the benefit of legal aid. This means that she was able to instruct Kevin as her criminal defence solicitor for free.
Contact Kevin Tomlinson – Criminal Defence Solicitor
If you face police investigation or court proceedings then you will need an experienced solicitor on your side. Kevin can be contacted on 01246 283000 or by email here.