When deciding on the appropriate sentence the judge or magistrates at the Magistrates Court will refer to the Magistrates Court Sentencing Guidelines. Our solicitors are very experienced in navigating these for you and will be able to use these during your pre-court consultation with us. We will often take you through the applicable sentencing guideline for your case, so you are well prepared for your court hearing and know what to expect.
A Drug Driving offence, for example, is a strict liability offence, which is committed once the specified limit for any of 17 specified controlled drugs is exceeded. The 17 drugs include both illegal drugs and drugs that may be medically prescribed. The limits for illegal drugs are set in line with a zero-tolerance approach but ruling out accidental exposure. The limits for drugs that may be medically prescribed are set in line with a road safety risk-based approach, at levels above the normal concentrations found with therapeutic use. This is different from the approach taken when setting the limit for alcohol, where the limit was set at a level where the effect of the alcohol would be expected to have impaired a person’s driving ability. For these reasons it is considered it would be wrong to rely on the Driving with Excess Alcohol guideline when sentencing an offence under this legislation.
The Crime and Courts Act 2013 inserted a new section 5A into the Road Traffic Act 1988 (RTA), which makes it an offence to drive, attempt to drive, or be in charge of a motor vehicle with a concentration of a specified controlled drug in the body above the specified limit. The offence came into force on 2 March 2015. For driving or attempting to drive. (Triable only summarily). Maximum: Unlimited fine and/or 6 months. The court will endorse and disqualify for at least 12 months; will disqualify for at least 2 years if offender has had two or more disqualifications for periods of 56 days or more in preceding 3 years; and will disqualify for at least 3 years if offender has been convicted of a relevant offence in preceding 10 years.
The above is a guide, and where an offence of driving or attempting to drive has been committed, factors that increase the seriousness are taken into consideration. For example, a factor that increases the seriousness is driving or being in charge of a large or heavy good vehicle (LGV, HGV or PSV).We know that your court hearing will be worrying for you, let us help to alleviate the unknown element which our clients always tell us help them significantly to get them through the difficult time. Lucinda Dore Solicitors are road traffic defence specialists. We can provide advocacy for any drivers. We have been assisting clients to argue their cases for over 20 years. When you instruct us, you get a robust representation and the best possible outcome due to all our years of experience.
If you need assistant for your court hearing, we are able to assist you. Call us on 03332420691 or email your enquiry to email@example.com. You can also visit our services page, to learn more about how we can help you.
If you would like to learn more about the Magistrates Court Sentencing Guidelines, please visit https://www.sentencingcouncil.org.uk/offences/