Assault + drink driving

[Beccawte]

One of my friends has been charged for assualt on a bouncer and drink driving. He is due to appear in Court today. He is pleading not guilty and has not got a reputation for violence within the court system. Does anyone know what sentence he would be looking at?

[Joe_the_Lion]

The drink driving is virtually impossible to fight. If he refused to be tested then assuming he wasn't already banned the mandatory will be a one year ban. If he blew, the results can dicate a higher ban, prison and or a fine.

Regarding the assault, what has been charged with? Common, ABH or GBH with or without intent?

From what you are saying he could (if convicted) receive a fine, a probabtion period or worse case scenario life in gaol.

More info and I am sure others or indeed myself can guide you in the right dircetion.

[Beccawte]

No he wasn't already banned from driving. I'm not even sure what assault type he has been charged with as he hit the bouncer with a belt because the bouncer was pinning his friend to the floor....so I would of thought that would be GBH as the bouncer didn't seem to be bleeding/too hurt and that would by ABH, right?
Yeah that's what I was thinking, maybe a fine for drink driving and a couple of months in prison at the most.

[Joe_the_Lion]

If the skin was not broken and their is no lasting damage whatsoever it will more likely be common assault.

He will get a ban from driving. It is mandatory. Probably a year.

First time offence for common assault, he will unlikely go to prison.

[Beccawte]

Ok, thanks very much for replying :)

[laurence2]

Whatever sentence he gets {hopefully custodial} for driving i have no pity, drink drivers are all potential killers full stop, call me harsh, but if he would of ran a relative of yours over and killed them would he still be your friend?

As for the assault on the bouncer, it seems your friends struggle to contol alchohol, the bouncer must have been genuine ie vetted by police and sufficently trained to deal with your ''friend'' otherwise hitting an unlicenced bouncer would of almost certainly put your friend in hospital, so he got of lucky here.

[Marvelman]

i agree iaurence, anyone found guilty of drink driving should serve a prison sentence, say just over the limit, one month, and then the more over the limit the longer they serve, the drink driving offences would soon stop. my friends wife was killed by a drunk driver mounting the footpath at three o clock in the afternoon, he was sent to jail for eighteen months and was out after nine.

[stokeace]

i agree with you laurence2 and you marvelman hopefully he will be behind bars for the drink driving offence alone to many lives are lost and ruined by idiots who drink while under the influence.the charge for killing someone whilst drink driving should be one of murder.

[jake-the-peg]

I dug these stats up for a similar question in law the other week:

From a statistical point of view in 2003 the minimum custodial sentence for ABH was 2 weeks, the average 9.2 months and the maximum 5 years.

For "violence against the person " offences with a guilty plea for males over 21 in the crown court :

4% were discharged 3% were fined 30% got community service 4% got a suspended sentence and 57% got immediate custody.

I'm afraid I could only find the above for 2000 and it represents other charges like assault and GBH

Hope it may give some idea of how the odds stack up

In terms of drunk driving it rather depends on what the reading was.

For a breath reading 85 or under the recommendation is disqualification and a fine, 86-115 community service and custody over 115

[DavidUK]

Saying that he has not got a reputation for violence "within the court system" makes me wonder if he has a reputation for violence but just hasn't been caught before.

Drink driving, violence, drunkeness - perhaps we are all safer if he is locked up! Or perhaps I am being unfair and all of this is completely out of character for your friend.

[Booldawg]

He'll be found guilty of 'striping and shavving' and will have to serve 100 hours community service at Barbados House.

[CushtyFred]

When you say 'has not got a reputation for violence within the court system', does he stroipe up the magistrate when he appears in court?

[Beccawte]

Ok, well the situation has changed slightly now cos he has to go back another day when he comes back from a holiday which was previously booked before the court case (he's had to show them his plane ticket for proof and will be coming back). Thanks for your statistical facts jake-the-peg rather than your own opinion :)

[stokeace]

the idiot still ought to be imprisoned