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:

Other Related Articles | Specialist Driving Offence Solicitors

We are able to offer clients initial advice as well as representation in court in relation to speeding cases.

Our specialist team will identify the relevant aggravating and mitigating factors specific to your circumstances.

We are here to help you whether you are:

  • 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

We provide a national service from our offices in Birmingham, London and Manchester.

Please feel free to contact our specialist solicitors below who will be happy to offer you expert advice on your case.

Sukhdip Randhawa
srandhawa@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396 | 07989 521 210 (24hr Emergency Number)

Helen Holder
hholder@kangssolicitors.co.uk
0121 449 9888 | 07989 521 210 (24hr Emergency Number)

Amandeep Murria
amurria@kangssolicitors.co.uk
020 7936 6396 | 0121 449 9888

Steve Micklewright
smicklewright@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396