Thank goodness for that! Common sense does still exist in the British legal system then!

 

Only by accident in some cases...

Hope your mate's case goes well for him and that they are reasonably lenient.

 

As ever it is down to the magistrates at the court. Their job, like a judge, includes looking at the situation as a whole and deciding whether what the guy did was justified in the situation as described and even though he was guilty, giving him a light penalty. No one thinks the same way and as Hedgehog said they may not be prepared to give him the benefit and will give him a full sentence. Hedgehog's post is a pretty good assessment of how they may well think. Very different outlook on life sometimes and they cannot understand other peoples' thinking.

In my experience, you have to present a watertight case on your own behalf that they cannot afford to ignore or you just get convicted of the charge out of hand and punished accordingly.

I feel the same way as ajm, if there is a life to be saved then the law takes second place, this should be accepted by the court providing no positive danger was caused to others in doing so. Life is our most precious possession, and very often there is a low value put on someone else's.

As I said before, the system of law in this country is good and well thought out generally, it is those who administer it who often fall down on the job.

Les

 

The only thing I can think is that he may get a relaxed ban or fine due to mitigating circumstances. One thing is certain though, he will be banned for a minimum of 12 months and faces a fine of at least £250. That is the minimum sentencing from a magistrate no matter what the circumstances, they cannot and will not be reduced.

Double the limit though his ban will probably start at 18 months and he could hope to reduce it to 12 due to the situation. There is a chance of a 25% reduction in the ban if he completes a "rehab" course (if your magistrates supports the scheme). It sounds like a bad thing to do but at least he may be able to get some sort of reduction.

I would tell him not to get his hopes built up about getting treated lightly though.

Oh almost forgot, its now a permanent criminal record, not a motoring offence. As its alchohol related it will also be classed as if he had a drink problem, he will need to let his house insurance know because it will be void if he doesn't tell them.

Not things you want to hear but this is how the current DD laws stand. Next time, tell him to leave the car at home, no matter what.

 

The fact he took the car to the pub in the first place is his biggest hurdle in convincing any judge he made a mistake in driving it later on.

Take him out shopping, you never know!

 

Medical examinations ....TRUE...High Risk Offenders are classed as:Failure to supply a specimen, more than twice the legal limit and second offence within ten years REQUIRE a medical examination prior to obtaining your license, and it boils down to a blood test which will cost you £85. believe me I know

Martin

 

Its true that mitigating circumstances can make you avoid a ban. There was a case up North a few years back where a guy and his family were driving back from friends, his wife was driving but snow got so bad she couldn't drive and went off the road twice. They had a kid in the back and the husband took over, got pulled by the feds at the end of the road(as it was blocked) and they charged him. No ban. But these cases are exceptional. I don't believe this case to be similar, they'll just say you should have called the police. Look at it this way if he was sober and ended up giving the chasing guy a kicking to stop the chased guy getting a kicking he'd still likely face assault charges. Its likely to be 18 months for twice the limit.