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Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70416
Experience:  Over 5 years in practice
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My son is due in court in a couple of weeks he crashed a car

Customer Question

Hi my son is due in court in a couple of weeks he crashed a car after drink driving he went into a wall of a house causing damage to the house and writing the car off he blew 74 breath I'm fully aware of the sentence he likely to achieve.my question is he has a conviction for assaulting a police officer when drunk which resulted in a fine,m y worry is will this be brought up in court and lead to a possible custodial sentence? Not making excuses for his behaviour just worried thanks
Submitted: 12 months ago.
Category: Law
Expert:  Jo C. replied 12 months ago.

When was the conviction?

Customer: replied 12 months ago.
Last December
Customer: replied 12 months ago.
No mention of it has been made by the police also forgot to add that someone in the house received a small cut to face and black eye due to the debris I don't believe this has been mentioned on the charge sheet
Expert:  Jo C. replied 12 months ago.

That would be considered during the sentencing exercise.

it is not really strictly relevant except that he was drunk and that is not likely to be recorded.

But this was a middling reading and there was a collision which is an aggravating feature.

Expert:  Jo C. replied 12 months ago.

It is not likely to attract a custodial sentence though. It will be a community order but there will be a ban I'm afraid.

Can I clarify anything for you?

Jo

Customer: replied 12 months ago.
Thank you Jo final question then is am I right in thinking if he has a community order there would be no fine
Expert:  Jo C. replied 12 months ago.

No but there would be costs and the victim surcharge so there would be a financial penalty.