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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I was recently involved in a crash whilst under the

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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: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

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

Have you actually been charged with dangerous driving please?
Alex

Customer: replied 1 year 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 1 year 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 1 year 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 1 year 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 1 year ago.
i suppose so. what sort of sentence could this be length wise?
Expert:  Ash replied 1 year ago.

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

Does that clarify? Alex

Customer: replied 1 year 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 1 year ago.

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

I am sorry. Alex

Customer: replied 1 year ago.
ok thanks
Expert:  Ash replied 1 year 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

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