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Archive for the ‘Drink driving’ Category

Drink Driving Solicitor Avoids Prison Sentence for Client in Leeds Magistrates Court

Our client, Raj, was very relieved to have avoided a custodial sentence when he appeared for the second time at Leeds Magistrates’ Court recently.

With a breath reading of 148mg, Raj had been advised by drink driving solicitor Forrest Williams that this placed him in the highest category of offender.  Even the fact that he had no previous drink driving offences within the last 10 years would not protect him from the risk of a prison sentence – the Magistrates’ Sentencing Guidelines suggest up to 26 weeks’ custody for a reading at the upper end of the most serious category.

At the first hearing, Raj’s guilty plea was entered and, due to the high reading, the matter was adjourned for pre-sentence reports.  Raj was ordered to meet with Probation Services within the next few days and then return to court for sentencing.

At the second hearing, the specialist motoring law Barrister instructed by Forrest Williams advanced full mitigation, which drew the court’s attention to Raj’s impeccable character, his commitment to furthering his education and his intention to work abroad in the very near future.

The Barrister also asked the court to take into consideration Raj’s limited driving experience, and his remorse following the drink driving offence.

We are delighted to report that the District Judge agreed to comply with our Barrister’s request to accept the recommendations of the Probation Officer’s report and gave Raj an 18 month Community Order and ordered him to perform 120 hours of unpaid work.  Raj was also disqualified from driving for a period of 36 months.

Another delighted client who says he would recommend our professional services to other motorists!

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Drink Driving Suspect Delighted No Charge Brought Against Him

DRINK DRIVING – Relief When Not Charged

Forrest Williams recently assisted a male motorist who had been involved in a collision and subsequently bailed to return to York Police Station towards the end of 2013.

Following the collision, the police attended the scene and breathalysed our client who was subsequently offered the statutory option to give either a blood or urine sample.  Our client opted to give a blood sample.

Our client asked if Steve Williams, senior partner of Forrest Williams, would attend York Police Station with him.  Steve was happy to do this and met with our client at the station, where they had a short discussion about the case before going into an interview room with two police officers.

Steve reminded our client during the interview to mention to the police officers that, following the collision, some of the contents of a bottle of vodka had been consumed in the car while waiting for the emergency services to attend the scene.  This was noted by the officers as it constitutes what is referred to as ‘post driving consumption’, and it would have had a bearing on whether or not our client was over the legal limit when actually driving the car.

Several stressful months of waiting followed, during which our client became very worried about the possibility of being charged with a drink driving offence.  During this time the team at Forrest Williams offered regular support and reassurance, in the form of phone calls and emails.

During this waiting period, our client’s own blood sample results came back as 225ml, which placed him in the third category.  If found guilty of a drink driving offence with a reading this high, and given the fact that he had a previous drink driving offence within the last 10 years, the Magistrates’ Sentencing Guidelines suggest penalties of a low level to high level community order and a disqualification period of 36-52 months.

Our client was understandably anxious about this and contacted the Forrest Williams team often for support.

Then one day, almost 5 months after the collision, our client received a call from an officer at York Police Station saying that no charges would be brought against him.  After all the waiting and worrying, it took a little time for this news to fully register. Our client called to thank Steve Williams for his support and representation within the police station and also to thank all the Forrest Williams office staff for their ongoing contact through what had been a very difficult period of his life.

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An Interesting Drunk In Charge Case For Motoring Solicitors

Even Solicitors & Barristers can be surprised by the court!

Another great result for a client last week, albeit much sooner than expected. The client was facing a Drunk In Charge allegation and was pleading Not Guilty on the basis that he would not have driven until such time as his alcohol level would have been under the limit – in effect he was going to ‘sleep it off’ in his car after a row with a partner.

The client attended City of London Magistrates Court and was met by one of our expert Barristers who ran through the events of the day and explained what would happen next. When going into court the Judge tried to put pressure on our client to change his plea to one of Guilty – indicating that he would not disqualify him if he entered a Guilty plea that day. Following a brief consultation with Counsel our Client maintained his Not Guilty Plea. The Barrister indicated that all prosecution evidence was accepted and that the only witness at the Trial would be the client himself.

Amazingly the Judge indicated that he had a bit of time and would hear the matter immediately! No adjournment necessary.

Luckily our Expert Barrister was able to reassure the client and the matter was heard with the Judge even indicating that the Barrister need not present a closing argument as he had reached a decision – Client found Not Guilty, costs order awarded.

A wonderful result for a great client, due largely to the professionalism and experience of our Expert Barrister. A less confident Barrister may have refused to allow the case to be heard that day – costing the client more money and causing a lot more stress.

Do you need help with a motoring matter?  Contact us!

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