How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

I was recently involved in a crash whilst under the

Resolved Question:

Hi. I was recently involved in a crash whilst under the influence of alcohol. I blew 67. I collided with an oncoming car for apparently being slightly over the central line whilst coming over the brow of a hill and thus collided with the oncoming car. The third parties did incur injuries and were hospitalised - though I'm not sure to what extent the injuries are yet. I'm led to believe one has been released with no serious injury. However the driver could possibly have a ruptured spleen - i'm waiting for this to be confirmed. The current charge is dangerous driving. i'm bailed until the end of august whilst further investigations are done however. Myself i have a previous ban for drink driving in 2010. Since then no real trouble with the law. I have done community service once before for an unrelated offence but this was over 10 years ago. I want to know the likelihood of serving prison time, since this is the last thing in the world i want and don't think i could mentally cope with going through that. I have been suffering with depression over the last year and have been on and off medication for this. Could you please advise what the possible outcomes and if there is anything that can be done to improve my chance of avoiding prison
Submitted: 8 months ago.
Category: Law
Expert:  Ash replied 8 months ago.

Hello my name is ***** ***** I will help you with this.

Have you actually been charged with dangerous driving please?
Alex

Customer: replied 8 months ago.
not yet but that is the charge the police are going after. my solicitor advised to answer no comment to the police interview. I'm bailed until 28th august before i find out
Expert:  Ash replied 8 months ago.

Ok - dangerous driving is where your standard of driving falls well below the standard of a reasonable driver and is considered to be dangerous.

Sadly because of the excessive alcohol, going over the line on the hill and causing injury my view is that this matter will be dealt with at the Crown Court.

Its not just a single incident of bad driving, you were over limit and caused injury.

As such if you want to avoid prison you should plead guilty as you get 25% discount and hope that any sentence for prison is suspended.

Sadly though the fact you were over the limit and have been disqualified for the same reason before only 6 years ago is clearly a risk factor.

Can I clarify anything for you about this today please?
Alex

Customer: replied 8 months ago.
There is no proof that i was over the line. But its harder to argue my case considering i was over the limit. Will the fact i run my own business, play a huge role as an employee as well to another company, have to pay for my own apartment, and am extremely important to my family count for anything? two family members of which suffer with mental health and i often have to help out with their children. I'm currently being treated for depression as well and have recently suffered a break-up as well as my sister trying to commit suicide. My own personal life has been affected by these circumstances and lead me to drink to escape my problems. Furthermore, is it worth getting as many character references as possible? and also providing medical records? i literally do not think i would survive prison it would complete shatter my life
Expert:  Ash replied 8 months ago.

Sadly not, because a Judge will say you should have thought about that before committing the offence. It helps as mitigation but thats it. The fact you used drink to escape in fact makes matters worse. You can get character references but this will rarely add anything.

Sadly I can only tell you what the law is - prison I think is fairly high risk - it just depends whether any sentence can be suspended.

The difficulty is this is the second time in drink within such a short place of time. However your strongest point is a guilty plea.

Does that clarify? Alex

Customer: replied 8 months ago.
i suppose so. what sort of sentence could this be length wise?
Expert:  Ash replied 8 months ago.

Its really hard to say. I would think 1 year, hopefully suspended.

Does that clarify? Alex

Customer: replied 8 months ago.
would it make any difference that i swerved to avoid hitting a rabbit causing me to move closer to the central line? its a country road and has a lot of wildlife in the area which often run across the road
Expert:  Ash replied 8 months ago.

Not really, you were in drink, thats the issue.

I am sorry. Alex

Customer: replied 8 months ago.
ok thanks
Expert:  Ash replied 8 months ago.

If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and 3 other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions