In the UK, If someone is currently serving a suspended sentence for violent crime, and they commit a drink driving offence, does this count as an offence to make them serve their previous sentence or are driving offences counted separately?
2007-12-17 07:47:21 · 9 answers · asked by Jennie 2 in Politics & Government ➔ Law & Ethics
It is not me by the way, it's a friend of a friend and it came up in conversation so I wanted to know!
2007-12-17 07:54:00 · update #1
Yes it does. Depending on the period given, any other offence incurred during the time set by the court will see the offender's sentence, previously suspended, brought into force.
A suspended sentence is a legal construct. Unless a minimum punishment is prescribed by law, the court has the power to suspend the passing of sentence (generally for a period of three years) and place the offender on probation. It is the passing of the sentence, not the sentence itself, that is being suspended. This means that if the person is convicted of another offence during the period when the passing of sentence had been suspended, then the person may be sentenced for the original offence.
2007-12-17 07:49:50 · answer #1 · answered by slıɐuǝoʇ 6 · 4⤊ 0⤋
It is a criminal offence, but one falling within a different category, so while the court will give consideration as to whether or not to activate the suspended sentence, it may very well decide against doing so. If the offence of violence was one which was heard before the Crown Court, then both matters could be remitted to the Crown Court to be dealt with there or alternatively (and I think it quite likely in this instance) the magistrates' court could sentence him for the drink drive matter and notify the Crown Court of this fact so that the Crown Court may take a view.
2007-12-17 10:16:15 · answer #2 · answered by Doethineb 7 · 0⤊ 0⤋
For simple drink driving it's a mandatory 12 month ban and a fine. If there are aggravating factors, such as being involved in a collision, giving an exceptionally high reading etc. then the ban will be increased and so will the fine. It won't end there, when you apply for insurance on the expiry of your ban you will probably find that you will only be able insure your car through a specialist company at a very high price, this will be the case for several years. Should you elect to ignore the ban and drive whilst disqualifed you can look forward to going to prison.
2016-04-10 04:37:05 · answer #3 · answered by Anonymous · 0⤊ 0⤋
As Drinking and Driving is a criminal offence not a driving offence only then yes it does!
Hope the idiot concerned gets the stiffest sentence possible and banned for life!
Harsh No! Not when your friends 19 year old daughter will never walk again thanks to a drinking driver!
2007-12-17 08:02:37 · answer #4 · answered by willowGSD 6 · 0⤊ 0⤋
Yes the rest of the suspended is served in jail any more with the drink driving
2007-12-17 07:57:17 · answer #5 · answered by golden 6 · 0⤊ 0⤋
I certainly hope so...... I despise people who drink and then drive. It's a 1 year driving ban anyway, if nothing else
2007-12-17 07:56:35 · answer #6 · answered by shutyerfaceup 5 · 0⤊ 0⤋
Yes it does.
Drunk driving is a crime, not a traffic infraction.
Richard
2007-12-17 07:53:30 · answer #7 · answered by rickinnocal 7 · 1⤊ 0⤋
should be jailed for drink driving and banned for life
2007-12-17 07:52:23 · answer #8 · answered by chas c 5 · 0⤊ 0⤋
i would have thought so, it is a criminal offense
2007-12-17 07:52:38 · answer #9 · answered by Anonymous · 0⤊ 0⤋