Successful defence of drink driving charge
By Michael Devlin
Our client faced a charge of driving with excess alcohol, recording a reading of 125 micrograms of alcohol per 100 millilitres of breath. Given the high reading, the sentencing guidelines indicated a potential starting point of 12 weeks’ imprisonment.
Considering our client’s previous good character and long period without any offending, we prepared mitigation with the aim of securing either a suspended sentence or a community-based penalty. We highlighted our client’s personal circumstances, remorse, co-operation and commitment to rehabilitation.
Our client entered a guilty plea at the earliest opportunity. We presented mitigation and the case was stood down to allow the Probation Service to prepare a full report. The Probation Service recommended a community order rather than immediate custody.
The magistrates accepted our criminal defence submissions and followed the Probation Service recommendation. Instead of a custodial sentence, our client was given a 12-month community order and 6 months of court mandated alcohol treatment, 5 rehabilitation activity days and a 30-month driving disqualification. This will allow the client to rehabilitate and deal with their alcohol issues rather than face a custodial sentence that will impact his job and family.
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