Let’s have a look at the guidelines:
For dangerous driving to attract a sentence of more than 26 weeks (the maximum a Magistrates’ Court can impose) it has to involve the following:
“Prolonged bad driving involving deliberate disregard for safety of others;”
As bad as the driving which led up to the accident seemed, there may not have been any evidence of prolonged bad driving. However, the offence is severely aggravated by the high level of alcohol recorded and the fact that a young child was on board. Further, the accident was horrendous and could have led to multiple casualties. My view is that the offence attracts a far greater sentence than six months custody and the Magistrates should have committed the defendant to the Crown Court for sentencing.
Little consolation, I know, but she is classified by the DVLA as “High Risk” Offender (having recorded more than 2.5 times the legal alcohol limit) and they will undertake enquiries before returning her licence. She will also (by virtue of the Dangerous Driving conviction) have to take an extended re-test before being allowed back on the road. The downside is that of her 26 weeks sentence she will serve just 42 days inside before being released to serve another 42 days under the “Home Detention Curfew” scheme. All in all, a hopelessly inadequate sentence for an episode of extremely dangerous drunken driving.