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Yet Another, Should This Alcoholic Have Been Spared Jail?
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For more on marking an answer as the "Best Answer", please visit our FAQ.//The cost of the damage was estimated at up £2,000 pounds// Well that doesnt really stack up with the story does it?
I'm not sure jail would serve any purpose apart from potentially make him unemployable and dependant on the State.
For these cases I would prefer to see mandatroy courses (jail if you dont attend and paid for by the individual) to rehabilitate. And of course a ban.
Jail should be for the repeat offenders and those that do it again whilst banned if only to remove the risk to the public.
I'm not sure jail would serve any purpose apart from potentially make him unemployable and dependant on the State.
For these cases I would prefer to see mandatroy courses (jail if you dont attend and paid for by the individual) to rehabilitate. And of course a ban.
Jail should be for the repeat offenders and those that do it again whilst banned if only to remove the risk to the public.
The sentence complies with the guidelines, so yes, he should have been spared jail
https:/ /www.se ntencin gcounci l.org.u k/offen ces/ite m/exces s-alcoh ol-driv eattemp t-to-dr ive-rev ised-20 17/
https:/
“The sentence complies with the guidelines, so yes, he should have been spared jail”
https:/ /www.se ntencin gcounci l.org.u k/offen ces/ite m/exces s-alcoh ol-driv eattemp t-to-dr ive-rev ised-20 17/
The sentence does not comply with the guidelines for driving with excess alcohol. In fact it does not even comply with the law for that offence as the maximum is six months’ custody. Mr Patel received his 12 months suspended sentence for Dangerous Driving (for which the maximum is two years). Any sentence of two years or less can be suspended and that option is often used for a first time offender. He will also have to complete his unpaid work requirement. If he fails to do so, or commits any other offences within the suspension period it is almost certain that the suspended sentence will be enacted.
At the end of his disqualification period Mr Patel will have to apply for a new provisional licence and take an extended re-test (this is mandatory for those convicted of dangerous driving). Before the new licence is granted he will be contacted by the DVLA who may want him medically assessed as fit to drive. This is because he was convicted of driving with excess alcohol where the reading was more than 2.5 times the legal limit and so is considered a “high risk offender”.
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The sentence does not comply with the guidelines for driving with excess alcohol. In fact it does not even comply with the law for that offence as the maximum is six months’ custody. Mr Patel received his 12 months suspended sentence for Dangerous Driving (for which the maximum is two years). Any sentence of two years or less can be suspended and that option is often used for a first time offender. He will also have to complete his unpaid work requirement. If he fails to do so, or commits any other offences within the suspension period it is almost certain that the suspended sentence will be enacted.
At the end of his disqualification period Mr Patel will have to apply for a new provisional licence and take an extended re-test (this is mandatory for those convicted of dangerous driving). Before the new licence is granted he will be contacted by the DVLA who may want him medically assessed as fit to drive. This is because he was convicted of driving with excess alcohol where the reading was more than 2.5 times the legal limit and so is considered a “high risk offender”.
andy-hughes
/// An earlier hearing was told Patel had started drinking socially at college and the fact he had an alcohol problem 'brought shame' on his family who have shop in the area of the crash. ///
/// But in mitigation Patel's lawyer Russell Davies said his client had since sought help for his drinking problem, by attending AA meetings and a local drug and alcohol
group. ///
Seems he is an alcoholic, why else would he attend Alcoholic Anonymous?
He has also admitted that he has a drink problem.
/// An earlier hearing was told Patel had started drinking socially at college and the fact he had an alcohol problem 'brought shame' on his family who have shop in the area of the crash. ///
/// But in mitigation Patel's lawyer Russell Davies said his client had since sought help for his drinking problem, by attending AA meetings and a local drug and alcohol
group. ///
Seems he is an alcoholic, why else would he attend Alcoholic Anonymous?
He has also admitted that he has a drink problem.
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