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LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 818
Experience:  Solicitor with over 15 years experience.
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I have been charged with drunk and disorderly, whereby I was

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I have been charged with drunk and disorderly, whereby I was riding my bicycle home, fell off, was spotted by police and was then abusive to them.
This puts me in breach of a suspended sentence handed down in October 2014 for failure to provide a breath specimen. That sentence was 4 months custody suspended for 12 months, 3 months curfew, and a fine. This will be my first breach.
As the drunk and disorderly is a non imprisonable offence, and I have completed the majority of the suspended sentence order without any issue, what are my chances of escaping with a fine or something other than custody?
Custody would mean losing my job and home.
I also have previous convictions of drunk and disorderly and public order offences.
Hello, I am a solicitor with 20 years experience. I will try to answer this for you.
The starting point for breaches of suspended sentences is that they will be activated (in whole or part) unless the court is of the view that it would be unjust to do so.
So there is a real risk that it will be activated. However the fact that this first breach is well into the order helps. D & D is a minor offence which also helps(if you had been charged with drunk cycling your situation would be worse), as does the fact that you ar im employment.
You should instruct a solicitor to represent you at court in this matter and perhaps get a letter from your employer to say what you do, and that he will have to let you go if you sent to prison. activated.
You would be entitled to free help from the duty solicitor at court but if you want to prepare in advance then instructing your own solicitor is a better idea.
Customer: replied 2 years ago.

Thanks for the reply, so would you say in your opinion that it would be unjust to activate the sentence considering the circumstances?

I think in most courts most of the time with competent representation it should be possible to persuade the court of this, but it is not certain.
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