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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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i am appearing for a second drunk and disorderly offence, my

Customer Question

i am appearing for a second drunk and disorderly offence, my first was in may 2010. is there a guideline on minimum/maximum sentencing please? many thanks
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi

What was your reading?
Customer: replied 3 years ago.


hi


 


sorry, i do not have that information

Expert:  Jo C. replied 3 years ago.
Ok.

They must have told you the reading at scene? It might be on your summons sheet.

It would affect the sentence sharply.
Customer: replied 3 years ago.

i will try and get that information now. its not on the charges sheet

Expert:  Jo C. replied 3 years ago.
OK.

Alternatively can you remember roughly how much you had been drinking?
Customer: replied 3 years ago.


i had had a lot to be honest, so probably imagine it would be at the upper end. they said i was not fit to go on the train home so was remanded overnight. i just tried the station and i would, understandably, need to attend in person to see if they can provide me the infomation but i have not chance of doing that before tomorrow. would they provide the information there and then, even? so assume the higher end. i didnt break anything or hit anyone i am pretty sure, but if you could tell me the upper quartile i suppose

Expert:  Jo C. replied 3 years ago.
Ok. Obviously 'a lot' can include a lot of different readings. I can give you a firmer indication if you can find that out for me.

Its quite unlikely that you were over 120. That is a really high reading. If you were though then I'm afraid the starting point is custody and that is for a man of good character. You have a relevant previous conviction. They would have to consider suspending a custodial sentence and justify not doing so but there's certainly a risk. That would lead to a disqualification order of between 36 months to 60 months.

Most likely the reading is between 90-119 and then the starting point is a medium level community order and the disqualification is 38 - 52 months.

Hope this helps.
Jo C., Barrister
Category: Law
Satisfied Customers: 69371
Experience: Over 5 years in practice
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 3 years ago.
Will get reading on Friday afternoon hopefully you can advise further then, please
Expert:  Jo C. replied 3 years ago.
Yes, no problem. I'm in Manchester on Friday so might not pick up until the evening but will come back soon.
Customer: replied 3 years ago.


i went to the police station and they said that i didnt need the information. i said why i wanted it and was worried about the sentence and how severe would it be. the sergeant on the front desk, after i explained all that, said i shouldnt worry as it was "no serious shakes" in that they had bailed me when they would have known my previous conviction. but should ask citizens advice about a lawyer. so does that sound more promising, or should i get a duty lawyer at the court do you think? many thanks

Expert:  Jo C. replied 3 years ago.
They probably don't know off hand. Unless you spoke to the oic its quite unlikely they would have that information.
Customer: replied 3 years ago.


ok, thanks for responding anyway

Expert:  Jo C. replied 3 years ago.
No problem. All the best.

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