mitigation Archives - Drink Drive Solicitors UK

Asperger’s Drink Driving Case Study

Eighteen year old Ravindra Patil pleaded guilty to a drink driving offence at Mansfield Magistrates’ Court this week and was taken by surprise when the District Judge pronounced sentence.

With her alcohol-breath reading of 51mg, Ravindra has been warned by her case worker at Forrest Williams to expect a disqualification towards the top end of the lowest category, ie around 16 months. Further, she had been made aware that the District Judge had the discretion to sentence outside of these lowest category guidelines (ie 12-16 months) due to the aggravating factors in her case.

On the date in question, Ravindra had been driving along the motorway when she approached an area where roadworks were taking place and the speed limit reduced to 50mph. She told her case worker that, due to poor weather conditions at the time, she had struggled to slow down safely and that, to avoid hitting the vehicle in front of her, had taken evasive action and driven into a lane where cones and a traffic sign had been placed.

Ravindra admitted that she had made contact with several of the cones and, in fact, that the traffic sign had ended up embedded in her windscreen. Luckily, neither she nor her front seat passenger were injured. The car, however, was very damaged as a result.

Ravindra had explained to her case worker that she had felt so badly about what had happened that she had stood up in front of her college classmates and admitted her drink driving offence, as a warning to other people her age.

Ravindra, who shared with Forrest Williams that she has Asperger’s Syndrome, had saved hard to buy her own second-hand car and contribute financially towards the cost of her driving lessons, as she knew this additional expense would be very hard for her mother (a single parent) to meet.

The District Judge took into account all of the above and sentenced Ravindra to the minimum 12 month disqualification, with the completion of the drink drive rehabilitation course bringing this down to 9 months.

Ravindra, who attended court with her mother, was relieved and delighted. She said she had appreciated all the help received and that in future she would adopt a zero tolerance approach to drinking and driving.

If you have been charged with drink driving, call our expert team now on 01623 397200.

Tracy Johnson of Forrest Williams

Case Study: Drink Driving Mitigation To Reduce Length of Ban

At Chesterfield Magistrates’ Court this week, Robin Handley was pleasantly surprised to discover that he would not have to attend court on a separate occasion. His guilty plea was entered and he was sentenced at his initial hearing.

When he had first instructed Forrest Williams to prepare his case and represent him at his hearing, Robin had been duly warned by his case worker that the high breath reading (102) for his drink driving charge would likely mean that he would have to meet with probation services, who would prepare a report, before he could be sentenced by the court.

However, on the day of the hearing, the District Judge ordered a stand-down pre-sentencing report be completed, following which an oral report was presented to the court. The report recommended that a community order be made, with a requirement to complete unpaid work.

Robin’s community order was for 12 months, with order to complete 60 hours of unpaid work.

He was also disqualified from driving for a period of 24 months, which will be reduced by 25% on completion of the drink drive rehabilitation course.

Robin was philosophical about his drink driving charge, but pleased with the outcome.

He told his case worker that he had held his driving licence for just over 30 years and that his licence was clean. Further, he had never been disqualified from driving in the past.

That the drink driving charge was out of character was a fact Robin’s barrister stressed to the court when presenting mitigation.

Robin, who previously worked as a milk man, now has to live with the consequences of his decision to have a few drinks with colleagues after finishing his milk round. With the disqualification in place, he cannot continue in this line of work and will have to find alternative employment. He realises that, in his 50s, this will not be easy.

Robin thanked his case worker and his barrister for supporting him through a stressful and challenging process, and ensuring that he spent as little time as possible in a court room.

If you have been charged with drink driving, call our expert team now for impartial legal advice and specialist representation on 01623 397200.

Navigation