Drink driving related offence - sentencing

Discussion in 'Finance, Property, Law' started by PBUH, Apr 16, 2012.

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  1. My neighbour just told me he'd heard that another neighbour was recently jailed for a week for a drink driving related offence?

    I understand you can be jailed for repeat offences or if the blood alcohiol was high enough but it seems quite a low jail sentence to me. Given that a Magistrate has decided it was bad enough to jail someone I'd have thought he would opt for a few weeks rather than a few days.

    Is a week or 10 days really feasible or am I just being bluffed? Thanks
     
  2. I knew a prisoner to get a weeks sentence for I think not paying her poll tax. It was an elderly lady, was released the next day.
     
  3. Thanks. I know the maximum sentence is 6 months and a ban for drink or failing to give a sample. Just not sure what the minimum is.

    Just being nosey I suppose. Don't like the bloke.
     
  4. I did see a woman who had the highest ever recoded breath alcohol levels. I recall she'd smashed into a load of cars, she was a copper I think.
     
  5. Arent they still doing weekend sentancing where you spend a W/E in the cells for the duration of your sentance sure it was being tgested/trialled at HMP Kirkham a few years back. It was to cover this type of crime and keep them out the pubs at the weekends.
     
  6. Spanish_Dave

    Spanish_Dave LE Good Egg (charities)

    Was she not from Pontefract?
     
  7. Like when the TA get Colly?
     
    • Like Like x 2
  8. Could be Dave.
     
  9. Wind it in, cahnt. None of your busi(bodi)ness.
     
  10. There are sentencing guidelines for most offences which can be found on the web. The sentence depends on the reading and also on the number of previous convictions. A reading of 120 in breath has a starting point of 12 weeks. The Court sets the starting point given the individual case. If there is an early guilty plea which there usually is in cases of excess alcohol the sentence is reduced by one third. Once half of the custodial sentence is served you are released. There is also HDC which can lead to earlier release via a home detention curfew. If you don't see him out much after 7pm or before 7am that may be a clue.

    I hope this helps.
     
  11. http://sentencingcouncil.judiciary.gov.uk/docs/MCSG_complete_version.pdf

    Excess Alcohol (Driving/Attempt to Drive)

    Triable only summarily (ie in magistrates):
    Maximum: Level 5 fine and/or 6 months
    • Must endorse and disqualify for at least 12 months
    • Must disqualify for at least 2 years if offender has had two or more disqualifications for periods of 56 days or
    more in preceding 3 years – refer to page 184 and consult your legal adviser for further guidance
    • Must disqualify for at least 3 years if offender has been convicted of a relevant offence in preceding 10 years

    p124 of the manual for the guidance and aggrevating/mitigating factors.
     
  12. Sorry, wrong offence... post deleted. Am still learning.
     
  13. Just following on from what the bloke next door told me. Bloke in question is a bit of a smartarse spiv wideboy (which is why I don't like him) so it could be any one of those things. Certainly would not be surprised if he had a previous offence. I'm told he was released on easter saturday which also sounds strange. Unless they made an exception with the friday and monday being bank holidays

    I'm not that au fait with what Courts or Prison Service can or can't do. I'm a good boy me.

    Thanks.
     
  14. it is if he's out driving while I am.
     
  15. It could be that he's been jailed for disqualified driving whilst on a ban for drink driving.

    If there's anything guaranteed to get someone in jail it's a couple of instances of disqualified driving. The courts hate disqualified drivers more than burglars.


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