Monday, July 03, 2017
Quentin achieves non custodial sentence in Dangerous Driving case
Quentin represented DL, a chauffeur who faced sentence for offences of drink driving, failure to stop at the scene of an accident and dangerous driving.
DL had been drinking following an evening with friends at a local establishment in London; on the way home he crashed into several parked cars on a residential street. This was witnessed by a local resident who saw DL trying to drive away. The resident moved to the middle of the road and motioned for DL to stop. Rather than stopping DL continued to drive at the pedestrian and ran him over, causing the pedestrian to roll over his bonnet.
DL then drove his damaged car a short distance up the road where he parked behind a minicab office and was witnessed urinating against the side of the office.
He was arrested a short time later at his home address and was taken to a local police station where he was breathalysed and found to be significantly over the drink driving limit.
DL was represented by a firm of lawyers who advised him to plead guilty on a factual basis. This was not accepted by the prosecution and the matter had been fixed for a Newton hearing for the issue to be determined. This meant that DL was at risk of losing his credit for pleading guilty.
Quentin took the case over and negotiated with the prosecution for the facts to be presented on a favourable basis. The Newton hearing was unnecessary and DL received full credit for his plea. Quentin was also able to persuade the Magistrates Court to retain jurisdiction meaning a lower sentence for DL which was both contrary to the submissions of the prosecution and the Sentencing Guidelines.
Quentin compiled an impressive mitigation bundle to put before the sentencing Court. At the sentencing hearing the Court handed down a suspended sentence of 26 weeks custody, suspended for 24 months with a disqualification from driving for 24 months with extended retest at the end of the period as well as a 12 month community order with 120 hours unpaid work and an electronic tag from 7pm to 7am. DL had previously been advised that he could expect an immediate custodial sentence of around 15 months. DL and his family were delighted that he managed to avoid an immediate custodial sentence.
Quentin has a large amount of experience in representing clients who are hoping to avoid custody in cases like this where clients have been told that custody is all but ‘inevitable’. If you are facing a Court case where the results are seemingly dire and have a need of expert legal representation you may directly contact Barrister Quentin Hunt for a free no obligation conversation.