7/23/2017 0 Comments Christmas Drink Driving StatisticsDrink Driving Penalties - Drinkdriving. Triable: Summarily. Maximum: Unlimited Fine and/or 6 months. Steps 1 and 2. Determining the offence seriousness. Must endorse and disqualify for at least 1. Must disqualify for at least 2 years if offender has had two or more disqualifications for periods of 5. Must disqualify for at least 3 years if offender has been convicted of a relevant offence in preceding 1. Extend disqualification if imposing immediate custody. If there is a delay in sentencing after conviction, consider interim disqualification. Starting point applies to all offenders irrespective or plea or previous convictions. Level of alcohol. Starting Point. Range. Disqualification. Disqualification (2nd offence in 1. Breath(ug)Blood (ml)Urine (ml) 3. Band C Fine. Band B - Band C Fine. Band C Fine. Band C Fine - Low level community order. Medium level community order. Low level community order to high level community order. High level community order to 2. Extend if imposing immediate custody)3. Christmas traditions vary from country to country. Christmas celebrations for many nations include the installing and lighting of Christmas trees, the hanging of.
The first thing that the visitor will notice is that Christmas in Spain is not as huge a commercial occasion as is the case in many other western countries. Flag: Blue with a red cross outlined in white fimbration, extending to the edges of the flag. The colors are symbolic for three of the elements that make up the. Breath Reading (ug): 3. Blood Reading (ml): 8. Urine Reading (ml): 1. Starting Point: Band C Fine. Range: Band B - Band C Fine. Disqualification: 1. Months. Disqualification (2nd offence within 1. Months. Breath Reading (ug): 6. Blood Reading (ml): 1. Urine Reading (ml): 1. Starting Point: Band C Fine. Range: Band C Fine - Low level community order. Disqualification: 1. Months. Disqualification (2nd offence within 1. Months. Breath Reading (ug): 9. Blood Reading (ml): 2. Urine Reading (ml): 2. Starting Point: Medium level community order. Range: Low level to high level community order. Disqualification: 2. Months. Disqualification (2nd offence within 1. Months. Breath Reading (ug): 1. Blood Reading (ml): 2. Urine Reading (ml): 3. Starting Point: 1. Range: High level community order to 2. Disqualification: 2. Months (extended disqualification if immediate custody imposed)Disqualification (2nd offence within 1. Months (extended disqualification if immediate custody imposed)NOTE: when considering the guidance regarding the length of disqualification in the case of a second offence, the period to be imposed in any individual case will depend on an assessment of all the relevant circumstances, including the length of time since the earlier ban was imposed and the gravity of the current offence but disqualification must be for at least three years. The court should then consider further adjustment for any aggravating or mitigating factors. The following is a non- exhaustive list of additional factual elements providing the context of the offence and factors relating to the offender. Identify whether any combination of these, or other relevant factors, should result in an upward or downward adjustment from the sentence arrived at so far. Factors increasing seriousness of offence. Statutory aggravating factors. Previous convictions, having regard to a) the nature of the offence to which the conviction relates and its relevance to the current offence; and b) the time that has elapsed since the conviction. Offence committed while on bail. Other aggravating factors. Failure to comply with current court orders. Offence committed on licence or post sentence supervision. LGV, HGV, PSV etc. Poor road or weather conditions. Carrying passengers. Driving for hire or reward. Evidence of unacceptable standard of driving. Involved in accident. High level of traffic or pedestrians in the vicinity. Factors reducing seriousness or reflecting personal mitigation. No previous convictions or no relevant / recent convictions. Genuine emergency established *Spiked drinks *Very short distance driven *Remorse. Good character and/or exemplary conduct. Seriousness medical condition requiring urgent, intensive or long term treatment. Age and/or lack of maturity where it affects the responsibility of the offender. Mental disorder or learning ability. Sole or primary carer for dependent relatives* even where not amounting to special reasons. Step 3. Consider any factors which indicate a reduction, such as assistance to the prosecution. The court should take into account sections 7. Serious Organised Crime and Police Act 2. Step 4. Reduction for guilty pleas. The court should take account of any potential reduction for a guilty plea in accordance with section 1. Criminal Justice Act 2. SEE NOTEIf sentencing an offender for more than one offence, or where the offender is already serving a sentence, consider whether the total sentence is just and proportionate to the overall offending behaviour in accordance with the offences taken into consideration and totality guidelines. Step 6. Compensation and ancillary orders. In all cases, the court should consider whether to make compensation and/or other ancillary orders including offering a drink driving rehabilitation course, deprivation and/or forfeiture or suspension of personal liquor licence. Section 1. 7 of the Criminal Justice Act 2. Step 8. Consideration for time spent on bail. The court must consider whether to give credit for time spent on bail in accordance with section 2. A of the Criminal Justice Act 2. Back to list of offences. Top of page. Triable: Summarily. Maximum: Unlimited fine and/or 6 months. Step 1. Determining the offence category. The court should determine the offence category: Category 1 - Higher culpability and greater harm. Category 2 - Higher culpability and lesser harm OR lower culpability and greater harm. Category 3 - Lower culpability and lesser harm. The court should determine the offender's culpability and the harm caused with reference only to the factors below. Where an offence does not fall squarely into a category, individual factors may require a degree of weighting before making an overall assessment and determining the appropriate offence category. CULPABILITY demonstrated by one or more of the following: Factors indicating higher culpability. Driving LGV, HGV or PSV etc. Driving for hire or reward. Factors indicating lower culpability. HARM demonstrated by one or more of the following: Factors indicating greater harm. Factors indicating lesser harm. Step 2. Starting point and category range. Having determined the category at step one, the court should use the appropriate starting point to reach a sentence within the category range in the table below. Must endorse and disqualify for at least 1. Must disqualify for at least 2 years if offender has had two or more disqualifications for periods of 5. Must disqualify for at least 3 years if offender has been convicted of a relevant driving offence in preceding 1. Extend disqualification if imposing immediate custody. If there is a delay in sentencing after conviction, consider interim disqualification. Starting point applies to all offenders irrespective of plea or previous convictions. Level of seriousness. Starting Point. Range. Disqualification. Disqual. 2nd offence in 1. Category 1. 12 weeks custody. High level community order to 2. Extend if imposing immediate custody)3. Extend if imposing immediate custody)Category 2. Medium level community order. Low level community order to high level community order. Category 3. Band C Fine. Band B Fine - Low level community order. Category 1. Starting point: 1. Range: High level community order - 2. Disqualification: 2. Extend if imposing immediate custody)Disqualification (2nd offence within 1. Extend if imposing immediate custody)Category 2. Starting point: Medium level community order. Range: Low level - high level community order. Disqualification: 1. Disqualification (2nd offence within 1. Months. Category 3. Starting point: Band C Fine. Range: Band B Fine - Low level community order. Disqualification: 1. Disqualification (2nd offence within 1. Months. NOTE: when considering the guidance regarding the length of disqualification in the case of a second offence, the period imposed in any individual case will depend on an assessment of all the relevant circumstances, including the length of time since the earlier ban was imposed and the gravity of the current offence but disqualification must be for at least three years. The court should then consider further adjustment for any aggravating or mitigating factors. The following is a non- exhaustive list of additional factual elements providing the context of the offence and factors relating to the offender. Identify whether any combination of these, or other relevant factors, should result in an upward or downward adjustment from the sentence arrived at so far. Factors increasing seriousness. Statutory aggravating factors. Previous convictions, having regard to a) the nature of the offence to which the conviction relates and its relevance to the current offence; and b) the time that has elapsed since the conviction. Offence committed whilst on bail. Other aggravating factors. Failure to comply with current court orders. Offence committed on licence or post sentence supervision. Poor road or weather conditions. Evidence of unacceptable standard of driving. Involved in an accident. Carrying passengers. High level of traffic or pedestrians in the vicinity. Factors reducing seriousness or reflecting personal mitigation. No previous convictions or relevant/recent convictions. Remorse. Good character and/or exemplary conduct. Serious medical condition requiring urgent, intensive or long- term treatment. Age and/or lack of maturity where it affects the responsibility of the offender. Mental disorder or learning disability. Sole or primary carer for dependent relatives. Step 3. Consider any factors which indicate a reduction, such as assistance to the prosecution. The court should take into account sections 7. Serious Organised Crime and Police Act 2. Step 4. Reduction for guilty pleas. The court should take account of any potential reduction for a guilty plea in accordance with section 1. Criminal Justice Act 2.
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