Summary
Following a serious driving incident, our client was arrested and found to be in possession of Class A drugs. At the police station, he then failed to provide a breath specimen. He was later charged with failing to provide specimen for analysis and possession of a Class A. Due to the aggravating factors, this matter was viewed with high seriousness and our client was at risk of imprisonment. However, due to lengthy mitigation provided by our team in court, our client avoided immediate custody and instead a suspended sentence order and a fine was imposed.
About the Case
Officers were already on-site dealing with a medical emergency when they noticed our client’s vehicle approaching. Despite officers trying to stop our client’s vehicle, he failed to adhere to the cordon and collided with a stationary vehicle, narrowly missing an officer.
Our client was found to be heavily intoxicated by the arresting officers. This was an aggravating factor to both the driving but also to his failure to then provide a sample at the police station. Additionally, upon being searched, cocaine was found both in his vehicle and on his person.
Our client pleaded guilty to both offences he was charged with. The matter was considered with high seriousness and was classified as a Category 1 offence with higher culpability and greater harm. Our client was at risk of being imprisoned for a minimum of 12 weeks.
Partner Dawn McKnight represented our client on a privately funded basis, where she conducted thorough preparation into our client’s case and background and compiled an extensive package of mitigation. Our client suffered with drug and alcohol consumption issues and since his arrest, had taken proactive action to prevent re-offending and to better himself.
Court
The case was heard at Stevenage Magistrates Court where Dawn offered lengthy mitigation which showed that our client was now addressing the issues that led to his drug and alcohol intake. This included counselling and engaging with the GP and MIND charity.
The strength of the mitigation provided persuaded the court not to impose an immediate custodial sentence, focusing instead on the prospects of rehabilitation. Accordingly, an 8-week suspended sentence with no additional requirements was imposed in relation to the failing to provide charge. In relation to the drug charge, a fine was imposed.
This outcome was extremely favorable considering the circumstances of the offence and is a testament to the fantastic defence provided by our team at Lawtons. Our client was extremely grateful to Dawn for her dedication to his case and for her guidance and reassurance throughout.
Contact Us
We understand how difficult it is to face a criminal charge. At Lawtons, we’re here to guide you through each stage of the legal process and to support you however we can. If you or someone you know is facing a criminal charge, contact our specialist team on 0333 577 0522 or visit our enquiries page.
