Mansfield crime solicitor Tim Haines recently dealt with a drink drive sentence for a client who was nearly four times the legal limit to drive. Careful mitigation permitted the client to avoid what appeared to be an inevitable prison sentence.

Four Times the Drink Drive Limit

The background to the allegations was that Tim’s client had called an ambulance for his friend who had become unwell.  Unfortunately he chose to follow the ambulance in his own vehicle.  He was stopped by the police in the hospital grounds.  He provided a sample of 139 in breath at this time, following it up with a sample of 136 in breath at the police station.  The legal limit is 35.

Credit for Guilty Plea

On taking instructions, Tim advised the client as to the strength of the evidence and credit for a guilty plea.  As a result, the client entered a timely guilty plea.  He abandoned an intention to argue that his drink had been spiked.  The level of reading would, in effect, prohibit the success of such an argument.

The reading meant that the Magistrates would be considering a custodial sentence, but this was also our client’s second conviction for drink driving within 5 years. His previous case had been dealt with by way of a community order due to that high reading.

He had been disqualified from driving for a significant period but had  successfully completed the drink drivers rehabilitation course thereby reducing that driving ban imposed by a quarter.

Although a prison sentence could easily have been justified for the current offence on the basis of current sentencing guidelines, bearing in mind the reading and the previous recent conviction, Tim was able to persuade the court to impose a suspended term of imprisonment with rehabilitation requirements attached.

Detailed and Careful Mitigation

Following the mitigation put by Tim, the Magistrates stressed that they had drawn back from an immediate prison sentence due to the detailed and careful mitigation advanced by Tim.  This recognised that the sentencing process should combine both punishment and the rehabilitation of offenders.

Tim’s client was understandably relieved following the sentencing hearing.

Contact Tim Haines

If you face criminal investigations or proceedings then please contact Tim Haines immediately on 01623 675816 or email him here..  He will advise you as to how best to proceed in order to secure the best result for you, whether at the police station, Magistrates’ or Crown Courts.