Caddick Davies Solicitors represented Mr. S who was prosecuted before Trafford Magistrates Court for an offence of “drink driving” or more properly “driving whilst the proportion of alcohol exceeded the prescribed limit”, an offence contrary to section 5(1)(a) of the Road Traffic Act 1988.
Mr. S appeared before the Court after providing to two samples of breath, the first reading being namely 196mg/100 millilitres of breath and the subsequent reading being 185mg/100 millilitres of breath. Section 8(1) of the Road Traffic Act 1988 allows lower proportion of alcohol in the breath used and the other shall be disregarded. Therefore Mr. S was charged to attend court for the lowest proportion of alcohol being 185mg/100 millilitres of breath. This reading was in excess of 5 times the legal limit of 35mg/100 millilitres of breath. This is one of the highest recordings ever recorded inEnglandandWales.
The Magistrates Guidelines state that for readings of between 120-150 mg/100 millilitres of breath, the starting point is 12 weeks custody up to 26 weeks custody.
Mr. Uddin Senior Solicitor at Caddick Davies Solicitors represented Mr. S who entered a guilty plea to the offence and the matter proceeded to sentence. There were a number of aggravating factors in the case, namely an accident, injury, high volume of traffic, damage to the vehicle, damage to a central reservation and damage to a pedestrian crossing with a high level of pedestrians within the vicinity.
Mr. S had contacted a number of solicitors for advise and representation but all notified him that he would be sent to prison and that there was little benefit in representation. Mr. S was depressed and thought his life was sealed at this point until he contacted Caddick Davies Solicitors and spoke to Principal Solicitor Mr. Neil Davies, who informed Mr. S and his wife that there was a number of aggravating factors but this did not mean that Mr. S would receive an immediate custodial sentence.
Caddick Davies Solicitors ensured that the full case was prepared and all supporting information was obtained from Mr. S and his family. Mr. S is a family man and if he were to receive a custodial sentence then this would have resulted in the loss of his family home and also the emotional impact on his family and in particular his young children.
Mr. Uddin represented Mr. S before the Court on 15th May 2013 and explained that although the offence was a very serious offence there would be little benefit in Mr. S receiving an immediate custodial sentence. Mr. Uddin mitigated the full circumstances and provided a bundle of documents to the Court as to why Mr. S should not receive an immediate custodial sentence. The Magistrates’ retired and deliberated for a significant length of time. Whilst the Magistrates’ were considering the outcome of Mr. S sentence, there were members of the public gallery and also Solicitors and Barristers present who were all of the view that Mr. S would be sent to prison and Mr. Uddin’s submissions though convincing would not avoid an immediate prison sentence.
The Magistrates’ returned and agreed to Mr. Uddin’s submissions and suspended Mr. S sentence with no fine, no community service, no supervision requirements and no curfew. Mr. S was a relieved client and was thankful to Caddick Davies Solicitors that they did not belittle him or his case.
The key to any case is preparation and presentation. Each case must be dealt with on its own merits and prepared to the personal circumstances of the client and this must be effectively presented before the Court.
Caddick Davies Solicitors are the leading firm inEnglandandWalesfor drink driving offences.
If any of the issues raised in this case apply to you or you are charged with any drink driving offence, please contact us to receive specialist advice and representation for our drink driving offence.
Caddick Davies Solicitors do not condone drink driving or encourage any such act, however we do believe that every person is innocent until proven guilty and is entitled to the best legal representation.
Specialist Drink Driving Solicitors Manchester – Highest recorded breath sample provided in England