Amandeep Murria of Kangs Solicitors comments upon the level of the sentence imposed upon Anthony McPartlin, the television presenter and entertainer, on the 16th April 2018 at Wimbledon Magistrates’ Court.
Facts of the Case | Kangs Motoring Offence Advisory Solicitors
On the 18th of March 2018 Mr. McPartlin crashed the vehicle he was driving into two other vehicles, whilst under the influence of alcohol, being slightly over twice the drink drive legal limit.
The entertainer pleaded guilty at court at the first available opportunity and his sentence reflected the credit to which he was entitled for an early plea.
He was fined the sum of £86,000, based upon considerations relating to his declared weekly income, and disqualified from driving for a period of 20 months, which the Court announced would be reduced to 15 months, upon satisfactory completion of a rehabilitation course within the specified time period.
The Court’s Sentencing Approach | Kangs Motoring Offence Trial Solicitors
In these circumstances the court must endorse and disqualify for at least 12 months.
In other circumstances:
- if the offender has had two or more disqualifications for periods of 56 days or more in the preceding 3 years the court must disqualify for at least 2 years
- if the offender has been convicted of a relevant offence in the preceding 10 years the court must disqualify for at least 3 years
- the court must extend disqualification if imposing immediate custody and, where there is a delay in sentencing after conviction, consider imposing an interim disqualification.
The court has to consider the following for all offenders, irrespective of plea or previous conviction:
|Level of alcohol||Starting point||Range||Disqualification||Disqual. 2nd offence in 10 years – see note above|
|Breath (μg)||Blood (mg)||Urine (mg)|
|120–150 and above||276–345 and above||367–459 and above||12 weeks’ custody||High level community order – 26 weeks’ custody||29 – 36 months (Extend if imposing immediate custody)||36 – 60 months|
|90 – 119||207–275||275– 366||Medium level community order||Low level community order – High level community order||23 – 28 months||36 – 52 months|
|60 – 89||138–206||184–274||Band C Fine
|Band C Fine – Low level community order||17 – 22 months||36 – 46 months|
|36 – 59||81–137||108–183||Band C Fine||Band B Fine – Band C fine||12 – 16 months||36 – 40 months|
The Court’s Decision | Kangs Motoring Offences Team
Having heard all of the facts surrounding the circumstances of the accident and the mitigation advanced on behalf of Mr. McPartlin, the court concluded that the sentencing range was between a Band C fine and a low level community order.
In all of the circumstances, the sentence imposed by the court was in line with the sentencing guidelines.
How Can We Help? | Kangs Motoring Law Solicitors
We have an established team with proven success in defending motoring cases as illustrated by the following sample of cases:
- Kangs Represent Former England Cricket Captain Andrew Flintoff
- Success In Defending Former Premiership Footballer
- Kangs Defend Freddie Flintoff In Driving Case
- Success In Dangerous Driving Case
- Driving Ban Successfully Appealed
Other Related Articles | Specialist Driving Offence Solicitors
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- looking to plead not guilty and put forward a defence,
- advance ‘an exceptional hardship‘ argument to avoid a driving disqualification, or
- present the best possible mitigation to the court to ensure the shortest period of disqualification is imposed.
Who Can I Contact For Help? | Kangs Solicitors For Driving Offences
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