Hello my name is ***** ***** I will help you with this.
For now please let me know what the reading was?
224 Blood reading
Ok - did he not ask for the Duty Solicitor when he was at Court last time?
He hasn't been to court yet it is schedules for 04.03.15 The accident triggering the events happened on 9 Oct but they took him to hospital with suspected concussion and took blood test later.
Ok, then when he goes to Court he can ask for the duty Solicitor.
He can be represented there and they will deal with the paperwork etc.
At the hearing he will have to plead guilty or not guity.
I assume he accepts he was driving the vehicle?
Will he be well enough on 4th March?
I understand (from internet - magistrates guidelines)) that he can only get the duty solicitor if the case is likely to warrant a custodial sentence (obviously we're hoping this is not the case as it is a first offence) is this in fact not so?
Generally yes. But there are 4 bands of reading. He is band 3 of 4
He should get legal aid for this.
I assume he accepts the offence?
Sorry I didn't see the other questions. Yes he accepts liability and will plead guilty, his ability to attend is very much in doubt at the moment on 4th march, I am in discussion with Surrey magistrates court about this at present.
If he can not attend then evidence MUST be provided to say he is NOT fit to attend Court.
The court will not accept anything else.
Therefore he should get a medical note saying he is NOT able to attend Court. It must say that.
If it does then the Court can adjourn the matter,
Otherwise if it does not say that then the Court may proceed in his absence.
But in terms of sentence the guidelines say it is a Community Order.
He will also be disqualified for 23-28 months which can be reduced by 25% if he takes the drink driving course.
But if he wants an adjournment he must provide a medical note saying he is not fit to attend Court, not unwell or unable to work but unfit to attend Court
Can I clarify anything for you about this today please?
Thanks Alex I think you've covered the main points I wanted to know
Yes I understand that. Can you see my response above?
Can I clarify anything else for you at all?
From what you say he would have to do community service rather than have a fine imposed?
Yes I think so as the range is low level Community order to High level Community Order
So its going to be a Community order
Does that help?
Yes thanks that does clarify the matter. Do you know what the range of hours for instance, would be between a low level and a high level community order?
Its going to be from about 50-200
Thanks I cant think of anything else at this time.
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