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What was the date of the previous offence and current offence please?
Hi and thank you.
Previous date of conviction: 8th Sept 2010
Current offence: 2 failures to provide (blood and breath test) - neither of which I recall refusing to supply as I was drunk (this is not in dispute) and manically suicidal at the time
When was the current offence please?
Ok - If you can show that you had no control over your actions you may have a defence.
But you would need to be subject to various medical experts and reports
P.s I currently have 3 points on my licence (CD10) from 1st July 2009
If you were just down and wanted to kill yourself, this would not be enough
It has to be that you were not of sound mind or did not have control of your actions.
If it is the case that this was caused by drinking then this would not be a defence.
As you know this is your second offence within 10 years and you are likely to be disqualified from driving for a minimum of 3 years
I am sorry if this is not necessarily the answer you are looking for and certainly not the one I want to give you, but I have a duty to be honest
But it wont be a jury, it would be 3 magistrates or a single Judge your case would be before
Can I clarify anything for you about this today please?
So in conclusion would you say I have no solid defence and would best pleading guilty and minimising whatever costs maybe incurred? Can you also advise if I'm likely to get a custodial sentence?
Further more however you mention not being of sound mind - I most certainly wasn't and continued to lack any sanity whilst in custody which will be documented. I'm presuming however that proving I wasn't of sound mind would be virtually impossible?!
You could only do this if you have expert reports. You could plead not guilty. The only risk you run is additional prosecution costs of about £500 and a slightly longer disqualification
But you will need to undergo psychiatric tests
But the fact you drank does not assist your cause.
Does that clarify matters?
I have expert reports/evidence which prove my suicidal intentions AFTER the event, but not before.
It would be a matter for the Court to decide whether you were of sound mind at the time of the incident.
The Prosecution has to prove you were.
I do however have a long standing history of suicidal tendencies, psychological intervention/treatment/medication which can be backed up with my medical history. Does this offer me any possible mitigation whatsoever or is it a waste of time/money?
I accept I may have to conceed defeat but I don't want to do this until I'm absolutely sure I have no other option
In terms of mitigation you are facing 3 years disqualification.
If you plead guilty it is likely to be around that. If you plead not guilty and are found guilty it can be longer
The Prosecution need to satisfy the Court that at the time of taking the alcohol and driving you were of sound mind
Or at least knew what you were doing and whether it was wrong
If you knew it was wrong to drink drive then you have no defence
If you had no control over your actions whatsoever then you have a defence
Does that help?
hmmm not sure because I suspect it would be easier to prove I was of sound mind than not! Is there a possibility of a custodial sentence?
and would medical evidence after the event stating I've been suicidal, constitute not being of sound mind?
None whatsoever if you are only charged with failure to provide.
also what are the likely financial penaities so I have a rough idea of cost
There is a risk as always
But if there was no contact with other road users etc very unlikely.
Financial penalties depend on what you earn etc so its hard to give you an accurate estimate.
There would be Court costs if not guilty of about £500, under £100 if guilty.
I don't understand sorry? If I plead guilty - £100 and if I plead not guilty but am found guilty it would be £500?
Yes prosecution trial costs
Costs are less if you plead guilty.
p.s I earn £45k pa but is my husbands income taken into account?
No, just yours.
It would be generally 150% of what you earn in a week
So £865 x 150% = £1298
You get 1/3rd off if you plead guilty.
Does that clarify?
hang on please
is that figure plus the £100? or in total?
Plus the £100 prosecution costs
So you have:
1) Penalty, ie fine
3) Plus 10% victim surcharge max of £120
there were no victims involved!
That makes no difference.
It is set down by law.
10% of a fine
ok so total would be?
It depends whether you plead guilty or not guilty.
So not guilty and convicted around £1900
If plead guilty around £1150
Can I clarify anything else for you?
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