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Place: Wimbledon Magistrates Court, London

Offence: Driving with Excess Alcohol

Defence: Mitigation

Carl Millar was instructed by Mr S who appeared before Wimbledon Magistrates Court in relation to an allegation of driving with excess alcohol.  His reading in breath was at 111µg of alcohol in 100ml of breath.  The Magistrates Court Sentencing Guidelines recommend disqualification of between 23-28 months where the reading is between 90-119µg of alcohol in 100ml of breath.  In addition to that, the guidelines suggest the imposition of a Community Penalty, and there is also the possibility of a custodial sentence.

Mr S’s case was aggravated by the fact that he had been involved in an accident.

Powerful mitigation was advanced to explain that Mr S was addressing his alcohol related issues.  Furthermore, he wished to return to his country of domicile and it would have been difficult for him to abide by any community order that was imposed in respect of voluntary work in the community.

The Court were persuaded by the argument and instead gave Mr S a fine and a period of disqualification of 23 months, which was the minimum in the circumstances.  Mr S was delighted with the outcome.  He was advised by another firm of solicitors that he would go to prison.  Prison and even a community order was avoided in the circumstances.


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