Offence: Driving with Excess Alcohol
Defence: Mitigation
Carl Millar represented Miss O who had a very high reading of alcohol in her breath at 133 µg of alcohol in 100ml of breath.
The Magistrates Court Sentencing Guidelines have a starting point of a 12 week custodial sentence where the reading is at 120µg of alcohol in 100ml of breath, or above.
Carl Millar advanced mitigation which was powerful in her circumstances. The Judge exercised his discretion not to send her to prison.
It is important to know that the Magistrates Court Sentencing Guidelines are only guidelines and are never to be used as a tariff. The Court will always consider any mitigation that is advanced at Court, and can exercise their discretion to depart from the guidelines in appropriate circumstances.
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