Alex Hughes : My name is***** and I'm happy to help with your question today. I need to ask you some preliminary questions to be able to help you.
Alex Hughes : Any previous drink drive offences?
ok but what is the answer
Alex Hughes : I'm surprised by the duty solicitors advice. There is a ban but with a reading of 150 in breath which is over four times the legal limit plus an accident there is a serious risk of a prison sentence. I will get the Magsitrates Court sentencing guidelines for you so you can see what I mean for yourself.
she thought community service
or possible suspendedprison sentence
I have already read the sentencing guidlines
nobody was hurt
Alex Hughes : Correct. Those sentences are possible. The Magistrates Sentencing Guidleines say that the starting point sentence is 3 months imprisonment, which could be suspended, plus a ban of 3 years. If you have a look at page 124 of this link you will see what I mean: http://sentencingcouncil.judiciary.gov.uk/docs/MCSG_%28web%29_-_April_2014.pdf - you need to look at the matrix which shows 150 in breath and look across at the sentencing options.
Alex Hughes : Unfortunately, poor driving and accident also indicate higher culpability and higher degree of harm which makes the offence more serious. I'm sorry to give you this bad news but I have a duty to give you and honest and objective opinion of the situation.
yes have read that was only out for 5 minutes
Alex Hughes : No problem. So, to answer your original question, it will not be a fine only. The court could disqualify for 3 years plus there is the risk of imprisonment although such a sentence could be suspended or the court could impose a community order depending on your mitigation.