ChatterBank3 mins ago
Sentencing for second Drunk In Charge within 10 years
4 Answers
A friend of mine has just been charged with a second 'in charge of motor vehicle with excess alcohol' offence.
A previous offence was in 2002 where a 12 month Probation Order, �40 fine, 3 year ban and 40 hours Community Service was sentenced.
The first offence was of the order of 160mg breath reading. This offence appears to be a similar amount.
Any advice or thoughts ? Other than the obvious - ditch him as a friend, get him some help etc.
A previous offence was in 2002 where a 12 month Probation Order, �40 fine, 3 year ban and 40 hours Community Service was sentenced.
The first offence was of the order of 160mg breath reading. This offence appears to be a similar amount.
Any advice or thoughts ? Other than the obvious - ditch him as a friend, get him some help etc.
Answers
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Seriously, I'd reckon on another ban, a large fine and some more community service, possibly with an alcohol misuse course thrown in as well. I highly doubt he'll go to jail as they're overcrowded as it is and there's worse people to put away than him
Seriously, I'd reckon on another ban, a large fine and some more community service, possibly with an alcohol misuse course thrown in as well. I highly doubt he'll go to jail as they're overcrowded as it is and there's worse people to put away than him
In charge of a motor vehicle is a different offence to driving with excess alcohol. i am surprised that your friend recieved such a long disqualification for in charge as the disqualification is discretionary. When the driver actually drives the vehicle and is caught, the disqualification is mandatory. As this is a second offence for in charge clearly the punishment will be more severe. the legal limit for driving is 35mg of alcohol in breath, so around 160 is a very high reading, higher than a reading i have seen. if the offence is a drink driving offence, the punishment is more severe. Your friend can see the duty solicitor at court on the day free of charge. he may (only may) receive a suspended custodial sentence/ community order depending on mitigation, the driving charge and previous convictions.
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