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Drink driving sentence appeal

(57 Posts)
Raccoonsatemyscones Wed 18-Oct-17 20:44:01

Name changed for obvious reasons. Anyone offer any advice on likelihood of successful appeal? I found out my husband was arrested for drink driving. Very upset as I do not condone it all. I know it doesn't excuse it but he was having a very hard time and was close to a breakdown. His blood reading was very high (about 350) but the lawyer said it shouldn't be used as evidence as it was sent to the lab 21 days after the incident and wasn't reliable. Something about the fact it can 'ferment' and show an inaccurate higher reading. Well he was in court today and was given a 4 month prison sentence. I'm 7 months into a high risk pregnancy (first child died and 2nd had to be born 1 month early) he is also the only earner in the household and I don't know what on earth I'm going to do. Lawyers said to appeal but given the high cost I wanted to know how likely it is to be successful seeing as lawyer was confident he wouldn't be convicted.

Please don't give me any "he got what he deserved etc" Yes I am upset that he did it but I'm stressed and alone and need advice. Thank you.

MrsBertBibby Wed 18-Oct-17 22:55:58

Perhaps a second opinion on appeal from a different barrister would be an idea?

2 minutes on Google turns up papers saying the fermentation theory is bollocks.

I'm sorry about your situation, that's very tough.

Bruceishavingfish Thu 19-Oct-17 05:25:33

Its an awful situation for you.

Personally (i am no expert bit a family member got a similar sentance for a similar offence) the appeal can take so long, he may not come home any earlier.

Was he sentanced to 4 months or serving four months? Will he have a job to come home to?

I would suggest cab, as soon as possible to sort out any benefits that apply to you.

NerrSnerr Thu 19-Oct-17 05:38:48

I agree that he’ll probably be released by the time the appeal goes through. Have you looked into what benefits you’re entitled to?

Raccoonsatemyscones Thu 19-Oct-17 06:33:32

I did wonder whether that would be the case. I just can't believe that they would put me in this situation. I know ultimately it's my husbands fault but he'll likely lose his job and miss the birth of his child. God knows how I'm going to figure out hospital plans.

I was told he was sentenced to 4 and should be out in 2. I'm going to the CAB office as soon as it opens to see if they csn help.

Thank you for your kind replies

dertyyuoih2 Thu 19-Oct-17 06:42:07

So breathe 8 weeks isn’t long, get him to keep his head down and see if he can get out earlier for good behaviour. Write to the governor maybe with your circs? Did his solicitor not warn him custodial was likely? Is it his first offence?
Get yourself to CAB in the morning and get claiming. Do you have enough to cover mortgage / rent / bills? Look at what is necessary to pay.
Do you have good family suppor his or yours? Your going to need them to get through this. Don’t be proud ask them for help, I’m sure even friends will help out even if it’s just watching your other DC.
It will be okay, honestly.

Bruceishavingfish Thu 19-Oct-17 07:01:18

You know its not their fault you are in this situation.

Is this his first offence?

How much help has he sought for himself since he committed the offence? If he is having a hard time to the point he did this, he needs some help.

Raccoonsatemyscones Thu 19-Oct-17 07:13:44

The lawyer convinced him the very worst was likely to be a ban and a fine given the length of time for the sample to be sent off a d he hasn't been in trouble before. Financially I am going to struggle so hopefully CAB can help.

Stupidly I'd hoped to get away with not telling anyone. I've spoken to my mum and not even mentioned it and made out like he is still about, I don't know how to broach it. I hate to think they'll think badly of him. Nobody knows our marriage was struggling or that he was even in court. It's a bit like if I don't tell anyone then it isn't happening, stupid I know!

BishBoshBashBop Thu 19-Oct-17 07:18:25

I just can't believe that they would put me in this situation.

I'm sorry for your situation, but they didn't put you in this situation, he did when he got behind that wheel.

BishBoshBashBop Thu 19-Oct-17 07:19:22

You also do need to tell someone so you have some support.

flowers

Sweetnessishere Thu 19-Oct-17 07:26:46

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

Onemoresliceofcakewonthurt Thu 19-Oct-17 07:40:28

sweetnessishere Are you always this delightful or has someone not had their bitchflakes this morning? I don’t think OP needs your patronising tone at the moment.

OP, get yourself down to CAB. I hope DH is aware of what he is puttting you through flowers

MaudAndOtherPoems Thu 19-Oct-17 07:47:34

Contact one of the prisoners' family support organisations here. They can't (I think) offer legal advice but will be able to help with benefits information and so on.

HotelEuphoria Thu 19-Oct-17 07:49:04

I don't think there is any point in appealing it is a waste of energy and money. Accept his sentence and move on, you now need to sort out your immediate finances and then when he gets home sort out his job.

I think you would benefit from telling your family, you need sone support. And if they hate him fir it, well... that's his problem.

MaverickSnoopy Thu 19-Oct-17 07:58:10

OP flowers from me. My friends husband died after being hit by a drunk driver (left behind 2 babies) and she's been raising awareness to try and get sentences increased. But. I'm terribly sorry that you're going through this. Obviously your DH was going through a difficult time. Has he driven over the limit before? If so my compassion is less (but is still there).

I think you need to visit CAB and also discuss in depth with your midwife. I expect they will help with the practical side of your labour and any special plans that may need to be made.

There is a multitude of reasons why some families only have one earner so to the pp poster I can't really see how that comment is relevant given the fact that the family did have sufficient income for OP to stay at home.

MaudAndOtherPoems Thu 19-Oct-17 08:02:02

I should have said (stating the obvious) that he needs legal advice on whether he has any strong grounds for appeal. All the things you mention about your situation were presumably mentioned in court and so (possibly) have already been taken into account in sentencing. Looking at the sentencing guidelines, 12 weeks' imprisonment is the starting point for that level of blood alcohol.

moralberyll Thu 19-Oct-17 08:04:11

As far as I can tell it is unusual to get a prison sentence for the first offence, a relative of mine was banned from driving twice for drink driving before the third time when he got a 6 month sentence so it does seem harsh, although it could be due to the sheer amount of alcohol in his blood.

moralberyll Thu 19-Oct-17 08:04:36

Does he have previous?

NerrSnerr Thu 19-Oct-17 08:10:42

It’s not ‘them’ who has done this, it’s him. 8 weeks will fly by but I’d spend my time telling loved ones to get support and seeing if entitled to benefits.

CamperVamp Thu 19-Oct-17 08:16:09

OP, so sorry you are in this position. It must be very frightening and shocking.

It

MissEliza Thu 19-Oct-17 08:19:08

You need to talk to someone. You can't deal with all of this on your own. Your first priority is sorting out the financial stuff. An appeal is not going to work so don't waste your mental energy on it. I'm so sorry you're going through this. Please speak to your loved ones today.

Noobie123 Thu 19-Oct-17 08:19:13

OP has said this is a high risk pregnancy so perhaps she cannot work for the safety of her unborn baby? Sorry you're going through this x

CamperVamp Thu 19-Oct-17 08:23:10

Do you have a good relationship with your Mum or other family members?

I do think you need them around you and supporting you. However, do expect your Mum to be very angry with your DH, I would be hugely upset with someone who did this to my Dd. But hopefully she will be on your side.

So sorry you lost your first child. Loss like that puts a strain right across a family and brings the fear that you feel now.

Gather your support around you, and then start to think how you would like things to be, going forward.

Can your marriage be fixed? Can your DH get the help he needs to get back on track?

Look after yourself, OP.

AnchorDownDeepBreath Thu 19-Oct-17 08:24:48

Looking at the sentencing guideliness**, 12 weeks' imprisonment is the starting point for that level of blood alcohol*

This is the pertinent point; and you’ll need to take a lot of advice before appealing because getting a sentence lesser than the starting point for a crime.

I am really sorry that this has happened and I hope that the 8 weeks goes quickly. If he’s very well behaved; he may get out early.

MrsBertBibby Thu 19-Oct-17 08:25:10

Please tell someone real about this OP. You need support.

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