Drunk driving case: sentence mitigated and suspended
In a drunk driving case where a prison term was chosen, the court applied discretionary mitigation and gave our client a suspended sentence.
How the case unfolded
Background
Our client drove a truck about 100 meters in the morning before the alcohol had fully worn off and was stopped at a checkpoint. The blood alcohol level was only slightly above the legal limit, but given the nature of the case a prison term was chosen.
Issues and ruling
The court took into account the alcohol level, the short distance driven, and our client's age, health and circumstances shown during trial. On that basis it applied discretionary mitigation under the Criminal Act and reduced the sentence.
Outcome
The court imposed 10 months of imprisonment suspended for two years, so our client avoided actual imprisonment. A 40-hour law-abiding driving course was also ordered.
This is the outcome of an individual case and does not guarantee the same result in similar matters. Some facts have been generalized to protect the parties involved.
Related practice and case
See the practice area and another success story from the same field.
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