Appealing a sentence for Drink Driving

[Bigfellah]

My son (aged 21) was recently convicted of DD as he was stopped and tested with a reading of 41 - 6 over limit.

In Court he was handed a fine of £150 plus a 12 month ban commuted to 9 if he attends a special course.

This is a first offence and he is working in a pub/restaurant earning about £120/week.

I do not condone DD at all but my feeling is that he has bee n treated very harshly considering the small excess over the limit.

Does anyone know where one can get sample letters to write and appeal aginst the severity of the sentence?

Thank you very much.

[bednobs]

sorry, i don't know, but i would be wary of asking them to look at the punishment again, as they coud well increase it, as it seems a bit on the low side to me. Afine of 150 is just over a weeks' wages to himso again does not seem very big t me. the point of a fine is it supposed to cause hardship, meaning that the person will think twice about committing a crime again.
a ban of 9 months seem more than reasonable too.

[bednobs]

especially as there is a possibility (although unlikely) of a custodial sentence

[dh001]

Hi Bigfellah: Such an appeal would result in the sentence being upheld and court cost added.

[bednobs]

step away from the exclamation marks eddie ..... lol

[Hymie]

If EDDIE51 is to believed, you can drink 5 pints and you won’t be over the DD limit (1 pint = a reading of 6). Take my advice and never drive after drinking more than 3 pints.

[MarkRae]

If he'd killed a child, would you still expect the sentence to be reduced...? Or is it just because he was fortunate enough not to run anyone over...?

[Hymie]

A bit late now – but I believe that if your breath reading is between 35 and 50, you can insist of a blood sample being taken. Given that it might take an hour for a doctor to arrive to take the sample, your blood alcohol level might have reduced in this time. Conversely it could be on the way up – but either way you might get the result you want.

Perhaps others could confirm my belief re a blood test with a reading between 35 & 50.

[brenda]

I think he has got off very lightly indeed considering that he was on the road putting the rest of the population in danger. hope he learns from this .

[fredpuli47]

What were you (or he) expecting he would get? Whatever it was, you are seriously mistaken or you've been seriously misinformed. Had he been much over the limit he'd have been banned for 18 months or 2 years.He was not much over so he was banned for the minimum period, 12 months, set by the Act and, what's more, given the opportunity to attend the course and get it reduced to 9 months. Appeal that to Crown Court and all he'll get is a new, big, order for costs against him plus the Court can impose any sentence which the magistrates court could have imposed, and that means the Crown Court can increase it.

Why was he driving at the time he was stopped?

[MarkRae]

> Why was he driving at the time he was stopped?

I think everyone knows the answer to that...

[fredpuli47]

Yes, Mark. but I'd still like to know.

[MarkRae]

Well, it's obvious, isn't it. A nasty boy must have spiked his lemonade...

I mean, it's obviously not his fault, is it...?

[cherrychapstick]

don't think bigfellah can answer that one fred ,why do you think it is ok that he was over the limit and could have killed someone bigfellah the law is there for a reason if someone had knocked your some down with the same amount of alcohol would you say it was too harsh i don't drink driving is drink driving !!!!!!! they should reduce what is allowed to zero full stop

[tamborine]

Zero tolerance for drink driving.....little chance of an appeal. Hope you drive as your chauffering is needed.

[MarkRae]

And breathe...

[cherrychapstick]

mark can i have your advice over in computers please