08
Sep 2016
Speeding & Drink Driving Case Study
Speeding
In March 2016, a speeding offence was heard in Leeds Magistrates’ Court whereby the Defendant was caught travelling at 56mph in a 30mph zone. The sentencing guidelines for a speeding offence of this level recommend a driving disqualification of between 7 and 56 days. Despite this however, the Defendant’s Lawyer managed to persuade the Court that a driving disqualification would have a disproportionate impact on the Defendant and others who relied upon him. In doing so, evidence to support this position was obtained and produced at the hearing. The Defendant escaped a ban and instead received 6 penalty points on his licence.
Chadwick Lawrence are at hand to provide advice on how to help keep your licence and can guide you in what evidence may be required to help your case.
Drink Driving
In this case, the Defendant was involved in a crash on the M1 and was subsequently arrested on suspicion of drink driving. When requested to provide a blood sample, the Defendant refused and later appeared at Wakefield Magistrates’ Court charged with Careless Driving and Failing to Provide a Specimen for Analysis.
Due to the evidence against the Defendant, namely that he had been drinking, his driving was bordering on dangerous and that he refused to provide a blood sample, he faced a possible custodial sentence and a disqualification from driving for around 2 years. At the hearing however, the Defendant’s Barrister made representations to the Judge which resulted in the Defendant being sentenced to a fine and the minimum driving ban possible in the circumstances – 12 months.
This case highlights the importance of having a legal representative who may be able to raise mitigating circumstances that you may otherwise be unaware of in order to reduce the sanctions imposed.
Find out more about how Chadwick Lawrence can support you should you be facing charges for a driving offence here.
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