Had to check this one as it seemed unusual, but by holding a drivers licence that in itself commits you to agreeing to a breath test. Failure to do so can result in 3 months prison in some situations 6 months imprisonment. Basically you have got to be pretty mentally challenged to refuse a test, without a very good medical reason.
Luckily he didn't hit anyone. So if he had just took the test. He was fooked anyway, but would have just got a fine, points, or maybe a ban.
A lot of offences heard in the Magistrates Court carry a “maximum” immediate custodial sentence, as well as a fine. The rule is that a custodial sentence is to be used only if there are aggravating factors AND an immediate custodial sentence is justified. The lower end of this particular sentence is a fine. The desire of this power-crazed Mag to make an example of the defendant is not an aggravating factor.
That is not an aggravating factor, unless he committed the new offence less than a year after a previous offence. There is no mention of a previous offence. Which is what I said. It should really be quashed.
The fine and a ban are the starting points. A custodial sentence should then be considered only if there are aggravating factors. Real ones, not ones invented by the judge because he doesn’t understand sentencing law.
Stan knows everything about the law, Sucky. I’m always cautious when Stan wades into a discussion on law.
Draw your bottom lip back in Chubby. The only discussion you and I have ever had about the law was related to s106 and, quite frankly given what I now know about your actual profession, your understanding of it was laughably ****e. In this instance I bow to your superior knowledge that Saunders should be rewarded with a pat on the back and a free ticket to one of your gigs for getting lashed up and going out for a drive.
Why? Cos he was lucky enough not to hurt or kill someone? Genuinely do not understand your anger/outrage/shock/sense of injustice or whatever it is for a **** who chose to drive a car when he was intoxicated. Drink driving is a totally ****ish thing to do. People are well aware of the consequences of drink driving and of drinking while using medication. It is well known that you are a massive danger to others if you do this, that your judgement, road awareness, ability to judge distance and speed are all greatly diminished. Yet he did it anyway. For him then to refuse a breathe test is an act of utter stupidity and arrogance.
I agree with your last sentence reasoning. However, the reason I looked it up, was because I always remember never refuse a breath test. It was after looking it up, that I realised a prison sentence applied. They will have grounds for appeal, on the mags wording/application, assuming the media are reporting it correctly. Having said all that I also believe, if you can't do the time, don't commit the crime, and aside from drink driving, an arrogant drink driver is even worse. Do I believe he had more than two pints, yes - why? because otherwise he would have taken the test. As I said, he could have argued his case afterwards. So yeah he's an example to EVERYONE, do not refuse a breath test, even if you suspect you are over the limit.
I’ve negotiated and drafted more section 106 agreements than you’ve had hot dinners, Stan. Some of them for major (city redevelopment) projects. You are typical of the barrack room lawyer mentality, who just because he “once got involved in a land deal” thinks he knows everything about planning.
Outrage? I’m discussing the law. Quite frankly, I couldn’t give a toss either way. There are bankers and insolvency practitioners out there, responsible for stealing billions from people, who should be in prison. The harm they’ve done to many thousands of families makes what Saunders did pale into insignificance. So, he made a car brake sharply, big deal! There are old duffers round my way who make me do that all the time. Most of them shouldn’t be on the road, but I wouldn’t want to lock them up.
Yeah, if you want to embarrass yourself. CIL payments have done away with the need for section 106 payments on most small projects. That is a fact, and your excruciating ignorance on the subject isn’t going to change it.
As I said, a lot of offences carry a custodial sentence in the Mags Court, but it should only be applied in the most serious of incidents of that particular offence. For refusing a breath test, the punishment is a driving ban, and usually a fine.
