Drink driving

Big G

New member
I have been charged with failure to stop at the scene of an accident.drink driving and failure to provide the specimen at the police statio.I have no points or driving convictions.what range sentence in your opinion will I get

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The Offences

When it comes to sentencing, the Court would sentence on the basis of the most serious offence, which would then be aggravated by the other offences. You would receive a separate endorsement for each offence on your licence, however, it is likely that you would only receive one penalty.

In this case, it is unlikely that you will have been charged for drink driving in addition to failing to provide a specimen. If you have been unable to provide a breath, blood or urine sample, the police will not have an evidential basis upon which to base the charge of drink driving. Therefore, it is likely that you will have solely been charged with failing to provide a specimen if the above is correct, in addition to the charge of failing to stop at the scene of an accident.

Sentencing

Failure to stop at the scene of the accident, is an offence that carries penalty points and a fine, or a disqualification period and a fine. In the most serious of circumstances the Court may be minded to impose a community order or up to 26 weeks custody. However, in most cases this offence would be aggravating to the offence of failing to provide a specimen.

Failure to provide a specimen carries a minimum penalty of a fine and a 12 months driving disqualification. For a first offence, the sentencing brackets would be as follows:

Category One – 12 – 16 months ban and a Band B fine ranging to a low level community order;
Category Two – 17 – 28 months ban and a low level to a high level community order; and
Category Three – 29 – 36 months ban and a high level community order up ranging up to 26 weeks’ custody.

The court would consider a variety of factors when deciding what sentencing bracket you would fall into, based on the circumstances surrounding the offences. The factors would be considered as either aggravating and mitigating.

If you wish to discuss the offences you have been charged with and the surrounding circumstances in more detail, please do not hesitate to contact our specialist motoring team on 0333 009 3335
 
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