Judges decision re traffic offence.

doh777

If pleading guilty to charge/s can one put forward 'reasons' for leniency in the

sentence to the judge or is the sentence mandatory?

In this case the charges are driving without due care and attention and driving

while under an intoxicant.

The mandatory sentence I believe is a 4 year driving ban.

If able to provide reasons such as work related commitments, no previous

convictions can the judge decide to impose a lesser sentence than the

mandatory one?

Any answers/help appreciated.

onemorechance

If it's mandatory then probably not, so your reasons may help prevent you getting a harsher sentence, or they may just piss off the judge!

coylemj

You engage a solicitor to answer those question and more importantly to put those mitigating factors to the judge in a manner that will not piss him off. If you walk into court with those charges against you and no solicitor and you start to put mitigating factors to the judge you will get hammered, not because you won't have a nice accent but because adopting a DIY attitude will not go down well with the judge.

The judge cannot impose a sentence that is less than the mandatory one laid down in the law. It was precisely because of sob stories like 'I'll be fired as my job depends on my licence' or 'I have to drive my 85 year old mother to bingo' that the legislators decided to force judge to put drunk drivers off the road and the driving ban became mandatory.

While the penalty for drunk driving is mandatory, the judge still has a lot of leeway in terms of the fine, especially as you're also charged with careless driving, get a solicitor and stop trying to do it on the cheap by asking here.

PCPhoto

it does come down to the judge - a solicitor should be able to plea on behalf of their client when the time comes.

sentencing is at the judges discretion - there is a mandatory minimum of 10years for section 15a (possession of over €13,500worth of drugs for sale or supply)

but the vast majority of cases do not even get the "Mandatory Minimum" ....due to mitigating circumstances - family life, pressure, debt, fear, early plea etc etc

a solicitor will ask the right questions before the court date so they know what to say in their pleadings.

*Not legal advice - just my opinion.

coylemj

PCPhoto wrote: »

but the vast majority of cases do not even get the "Mandatory Minimum" ....due to mitigating circumstances - family life, pressure, debt, fear, early plea etc etc


*Not legal advice - just my opinion.

Quite, and I know you were referencing a conviction for drugs but the judge will impose a disqualification if you're convicted of drunk driving, no exceptions.

spurs2010

Hi,

that's what i presume you are charged with...... hence the 4 year ban


You can put forward whatever you say is relevant for leniency but the driving ban is mandatory so it's a set tariff. The Judge has a discretion to allow you keep your licence by way of postponement for upto 6 months.

You should really think about getting legal advice from a (court solicitor) it should't be that expensive.

Who know's you may have defence.

Best of luck

PCPhoto

coylemj wrote: »

Quite, and I know you were referencing a conviction for drugs but the judge will impose a disqualification if you're convicted of drunk driving, no exceptions.

my apologies - I was giving my opinion of the "mandatory minimum" aspect of the original post.