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Carl Millar represented Mr A at Salford Magistrates Court in Manchester. Unfortunately, this was the client’s fourth drink driving offence within a period of 8 years. The Magistrates Court Guidelines suggest a minimum period of disqualification of 36 months when it is the defendant’s second offence in ten years. In Mr A’s case, he was off the scale in respect of the guidelines for the Magistrates and he faced the real possibility of a custodial sentence. Indeed, it would be usual for a custodial sentence to follow such a regular pattern of offending.

Carl Millar was able to persuade the Magistrates that a custodial sentence would have no benefit to the defendant and that he would benefit from education in terms of an alcohol awareness programme and that he should be enrolled on the drink drivers’ rehabilitation course. After a long day, the Magistrates finally accepted our Mr Millar’s mitigation on behalf of the defendant and he was given a community penalty with a direction that he attends the alcohol awareness programme.