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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70525
Experience:  Over 5 years in practice
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I was taken to court on a drink drive offence, unfortunately

Resolved Question:

I was taken to court on a drink drive offence, unfortunately it was my second drink drive within 10 years, I was given a 4 year ban and an 18 month suspended sentence, of which finished on the 25th September 2015. Now on Saturday 3rd October 2015, I received a phone call from Leics Police, to inform me that an allegation of "Assault" had been made against me, back on 17th August 2015? I have absolutely no idea at all what this is about, I do not have any idea who this person is. The police lady was very kind, and kept saying that she just needed me to go to the police station on a voluntary basis, to have a recorded interview. Now I know I had absolutely nothing to do with any of this, but my fear is that it occurred during my Probationary period, and I am petrified that I am going to be incarcerated. Please can you advise me, as I am scared.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hello were you actually given details of the alleged assault and also how do you know you had nothing to do with it, did the police tell you that?
Customer: replied 2 years ago.
I know, because I would have remembered anything like that. No I have no idea what the "Assault" allegation is. All I know is what I have told you. But my worry isn't the allegation, as I know I have done nothing wrong. What I want to know is about my probation thing and how I stand? If I had done something wrong, surely the police would have contacted me sooner, and this person would have reported it on the actual night of the alleged assault?
Customer: replied 2 years ago.
will you please answer
Expert:  Jo C. replied 2 years ago.
Sorry for the delay.
Are you asking if you have a defence?
Customer: replied 2 years ago.
As I said, I am not worried over the allegation, as my partner and I think it is just a concocted story. I just want to know how I stand with regard to the dates and my probation, thats all.
Expert:  Jo C. replied 2 years ago.
If you are convicted of another offence during the term of a suspended sentence then you could be subject to the imposition of the custodial period. In fact, you have to show it is 'unjust' not to activate the sentence. That can only happen upon conviction though. They cannot do it upon suspicion alone. I suppose they could disallow bail but that is not very likely for what is ultimately a dissimilar offence. Can I clarify anything for you? Jo
Customer: replied 2 years ago.
No, but thank you for the information, I appreciate it. Dawn
Expert:  Jo C. replied 2 years ago.
No problem and all the best. Please remember to rate my answer. Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jomo1972’.
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