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Anonymised case study

Drink-driving and refusal to test: two criminal rulings

A documented situation to understand the criminal process.

Order to rectify the sentences under review

The situation

One judgment concerned both driving under the influence of alcohol and refusal to provide evidence. A subsequent order corrected omissions and specified the offence to which each sentence corresponded.

What the decision records

The correction order specified the fine and driving disqualification for driving under the influence, together with imprisonment and a further driving disqualification for refusing tests. It preserved the conviction in the corrected decision.

What this helps explain

Refusal to test does not avoid responsibility for driving nor can it be treated as a simple alternative. In order to know the penalties to be carried out, it is necessary to read together sentence and correction, without deducting from this summary its timetable for compliance.

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