exteended holiday

[hussy]

one of my friends has to go court friday and has been charged with 3rd drink driving (sad i know but its a question) no insurance and criminal damage ( not to public- in the police station) how long do you think he"l get?? i know what you"s would like to answer but its a serious question looking for a serious answer ok guys.......

[glenis]

it really is impossible to say as it all depends on the judge/magistrate, an example of this is pete doherty, how many times has that bloke got off?? if the judge/magistrate has had a good week he might be lenient with your friend,but if he has had a pig of a week it might even be a custodial sentence

[hussy]

hi glenis he thinks he"l get 3-6 months as he has previous but i didn"t think he would. He also thinks because its near christmas they will lock him up??? thanks for your reply.

[fredpuli47]

Sounds like immediate custody and he's right in his estimate. I'm assuming that the previous offences were not a long time ago (10 years plus) Here's someone who not only drives when over the limit for a third time but without any insurance.That last is an aggravating factor. He's also looking at a substantial ban coupled with a requirement to pass a medical test before he can get his licence back.

Christmas hasn't anything to do with it.He'd be facing jail at any time of the year.

[hussy]

thanks fred for your reply.
do you have any idea how long he would get?
think it was only 3 years ago and he didn"t learn his lesson then, went to courses for drink etc etc.
it sounded about right what glenis said about what sort of week the judge has had, but do you have a rough idea on how long he will get. thankyou

[hussy]

sorry i just realized you have already told me in your answer!! lol x

[New Judge]

Although Criminal Damage can be serious enough to be dealt with by the Crown Court, it would be unusual. From what you say it sounds as if the CD charge resulted from bad behaviour at the Police Station and is probably not serious (as Criminal Damage goes).

That being the case, the excess alcohol is the most serious offence. For a third offence (presumably within 10 years) custody is a distinct possibility, even if the alcohol reading was comparatively low. The maximum for the offence is six months and if your friend pleads guilty he will receive one third discount, making the maximum four months.

Unless the court has access to a recent pre-sentence report, one will be required before sentencing (unless only a fine is proposed � and that is extremely unlikely). A lengthy period of disqualification will also be imposed (a minimum of three years, but possibly longer).

Finally, despite what has been said, what time of year it is or what mood the magistrates are in will have no bearing on their decision. Magistrates (and indeed judges) are bound by law to follow a structured approach when sentencing. Incidentally, lay magistrates are unlikely to have had a �pig of a week� � at least not on the Bench. They sit only on a part time basis and it is unusual for them sit more than once in a week unless they are involved in a lengthy trial.

[hussy]

thankyou New Judge that was just what my friend was expecting and i think hes been told that he will get a 5 year ban you are very intelligent and know about the law. thankyou for your wise words. x