legal limit Archives - VHS Fletchers Solicitors

Nottingham and Newark crime solicitor Lauren Manuel recently represented a client appearing before Nottingham Magistrates’ Court for drink driving. Her mitigation meant that he avoid an immediate prison sentence even though his reading was over four times the legal limit.

Lauren represented her client under an affordable fixed fee agreement.

Drink driving – over four times the legal limit

The client was driving his motor vehicle in Nottingham during rush hour. A witness saw the client drive wide around a bend crossing the central line. He tried to correct the vehicle. The car then headed towards a kerb and he lost control of the car. It hit a telegraph pole with enough force so that it caused the pole to be sheared off. It fell into the path of oncoming traffic.

Lauren’s client then attempted to get out of the vehicle and leave the scene. Instead he was detained by members of the public. He cooperated with the police when they asked for a specimen of breath. Unfortunately it was over four times the limit. The offence was further aggravated as he had neither insurance cover or a valid driving licence.

Mitigation avoids immediate prison sentence

Such a high reading in combination with the aggravating circumstances would normally result in an unavoidable and immediate prison sentence. Instead, Lauren was able to use her experience and persuasive advocacy to ensure that the Magistrates felt able to impose a suspended sentence instead.

Lauren identified that she would be able to put compelling personal mitigation before the court so that prison could be avoided. She was able to demonstrate to the Magistrates that her client needed assistance. Of late he had found himself in extremely difficult circumstances. Prior to those arising, and this incident, he had been a man of good character. He had no previous convictions or cautions.

As a result, the court was able to balance her client’s personal mitigation and credit for his guilty pleas against the very serious aggravating features of the offence.

Although he was to be punished, that punishment was a suspended sentence. He was to undergo rehabilitation and address his alcohol misuse. He was, of course, disqualified from driving for a lengthy period.

Affordable Fixed Fee Representation

Although Lauren’s client was not financially eligible to receive free legal aid, she was able to offer him representation by way of an affordable fixed fee.

Contact a motoring law solicitor

Whether you are admitting an offence or intend to contest an allegation such as drink driving you will benefit from seeking expert advice and representation. If you wish to speak to Lauren then please contact her on 0115 9599550. Alternatively you can use the following contact form:

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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.

Tag Archives: legal limit

Drink driving sentence at Nottingham Magistrates’ Court