Drink driving sentence appeal

[Raccoonsatemyscones]

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.

“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”.

Seriously????? Your husband did this to himself and you. There is where your anger should be directed.

The scientific evidence available suggests that the fermentation theory is rubbish. If anything, the reading goes down slightly with time, not up.

The highest band in the sentencing guidelines for blood alcohol readings is 276-345 and above. The starting point for that is 12 weeks custody but the range goes from a high level community order up to 26 weeks custody. The sentence he got is therefore in the correct range for the offence. Whether it was unduly harsh depends on the presence of aggravating and mitigating factors, and also on whether or not he pleaded guilty. Whether or not the custodial sentence should have been suspended depends on a number of factors.

It may be possible to get him out on bail pending appeal. An appeal may reduce the sentence a little and/or get it suspended but I wouldn't like to guess your chances based on the information on here. I agree with MrsBertBibby that you should think about getting a second opinion. If you do take it further I would also think about going with a lawyer who doesn't try "scientific" arguments that have been proved false.

I have to say, however, that I agree with others that your husband has done this to you, not the court.

Thank you to those with helpful advice. Obviously I'm shocked and scared and not concentrating well, what I mean is I can't believe they leave a woman with no financial support who is heavily pregnant and not even signpost me to any support. It was literally "Your husband is in prison, here are his belongings".

Yes I'm angry at him but I've also seen what our daughters death has done to him and we have been reaching out to mental health services who have deemed him not unstable enough to need help. I know he needs to be punished, I'm so upset he did it. I had hoped he could get a fine, community service and a suspended sentence so that at least he could look after his family. You might mot understand but yes, selfishly I thought they would consider his family and how it would affect us.

I think it's clear I have to just deal with the situation and focus on figuring out financial help.

You might mot understand but yes, selfishly I thought they would consider his family and how it would affect us.

Sorry but that isn't their job. Their argument would be that your DH should have thought about that before he got behind the wheel after having a considerable amount of alcohol.

It could have been a lot worse.

Agree as ever with prh47.

OP chances are he'll be out sooner than half time, prisons have had a sudden spike and are desperate to get people out. He might think about applying to come out early (25%) on tag

www.firsttimeinprison.co.uk/release/

If you go into the crime folder on here there are plenty of other posters in a similar situation who can give practical advice.

"Their argument would be that your DH should have thought about that before he got behind the wheel after having a considerable amount of alcohol" No, that's your argument. Their job is simply to deal with DH and his sentence.

There are support services and resources for families of people imprisoned but not automatically linked to the sentencing court. It is a matter of the system, not people within those systems catsbumming away at a frightened vulnerable partner.

What the courts have to think about in sentencing is how his crime could have affected other lives. The horrible truth of this situation is, as painful as your situation is, his drinking driving could have killed someone else's daughter or left another woman pregnant and alone with no father. That's what the court has to work on.

More practically - are his work aware of the situation? Depending on what field he is in/his company, you never know, they might be able to hold his job for him. But he needs to be honest with them immediately about it.

Sorry but that isn't their job

Actually it is. One of the factors the magistrates should take into account in deciding whether or not to suspend a custodial sentence is whether immediate custody will result in significant harmful impact upon others. So the magistrates should have looked at the impact on his family. They may, of course, have decided that there was no significant harmful impact on his family or that other factors outweighed that. But it is their job to consider the impact on his family.

prh47bridge

I agree with you which is why I said it could have been worse. I worded it wrongly.

I think the CAB are suggested for benefits advice, not advice on an appeal!

You need to have a look at the benefits you are entitled to. I feel for you, but imo he is where he should be.

www.turn2us.org has a whole section on claiming benefits whilst partner in prison, you might find it useful. Please try and speak to your DM you need all the support you can get.

I would think he would be out by the time an appeal would be done and would cost a lot so agree with others get some rl support sort out benefits etc
Is his employer keeping his job open for him ?

Going to CAB shortly for financial advice. Current solicitor advised only £100 for an appeal whereas others I've called have quoted thousands? The likelihood is he was trying to kill himself as he was found about 40 minutes after he had left me speaking coherently to me, less than a mile away in a campsite, he'd driven into the water. He has since overdosed 3 times. Again, thank you to those who have been helpful.

Good luck.

Take heed of prh47bridge's advice.

As far as I can see, your husband's blood alcohol level was at the top end of the highest category in the sentencing guidelines and his sentence is somewhere in the middle - he could have been sentenced to 6 months - so it may be that the court had already taken the mitigating factors into account. You need good quality legal advice now.

You need to check if your current solicitor is talking about the cost of lodging the appeal, or the likely costs of the whole appeal.

Has your DH sought medical help, counselling or any other sort of support, as it seems it was/is in a very bad place.

I have no practical advice other than to say follow the links provided.

It does sound like your DH is ill and it must be awful for you.

It may actually be a new start / hitting the bottom. He will be away from you, yes, but he will also be away from alcohol. He, hopefully, will have his health assessed and be given treatment.

And this is going to be really hard but you need to put yourself and your baby first.

I'm not sure but I think your dh, because he is in custody, will be eligible for free legal advice, this should help with an appeal. Can someone more knowledgeable advise on that?

Not going to appeal, solicitor has now said that it could even increase his sentence and if unsuccessful will cost £2000. Already owe them £400 which I've no idea how I'm going to pay. Finances are a nightmare and nobody seems able to advise.

I was told he may be able to get out early on tag as the prisons are quite full. Does anyone know if that's a matter of wait and see or do I need to be asking someone about this? If so, who?

For those who asked about support; when he was admitted to hospital the mental health team deemed him suitable for low level support (was told they would'nt bother with anytging more unless he wasn't drinking) He was referred to an alcohol counsellor who discharged him after 3 visits as my husband was holding down a job etc so functioning well. In my eyes there hasn't been proper support.

He should ask in the prison (wing officer or personal officer) about whether he will be eligible for release on home detention curfew. He should also ask about access to courses and treatment for dependency. If he finds it hard to navigate the system, chaplains are often brilliant at providing support. And do contact one of the family support organisations I linked to earlier.

Thank you! I can't believe what a nightmare it has all been, made worse by not being able to get in contact with him to figure things out. I looked at the links thanks and I got some useful information.