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    harmony80's Avatar
    harmony80 Posts: 1, Reputation: 1
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    #1

    Apr 8, 2008, 12:31 PM
    Suspended sentence
    My partner received a suspended sentence in September 2006 for 12 months for drink driving whilst disqualified. We had a big row and he assaulted me and got arrested for assault by beating, I am going to re tract my statement. Will he still go to prison?
    Bluey2505's Avatar
    Bluey2505 Posts: 4, Reputation: 1
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    #2

    Apr 8, 2008, 12:58 PM
    Quote Originally Posted by harmony80
    my partner received a suspended sentence in september 2006 for 12 months for drink driving whilst disqualified. we had a big row and he assaulted me and got arrested for assault by beating, iam going to re tract my statement. will he still go to prison?
    It depends on his previous and how long since his last sentence, the recent charge may not have carried a prison sentence anyway. If you re-tract your statement the charges should be dropped altogether. I think if he had a driving offence then the sentence would stick if he's caught driving again not for another offence. You need to think carefully about dropping the charges if he did attack you, if it happened again would they believe you next time ? Also they could prosecute you for wasting police time if they really want to be awkward.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Apr 8, 2008, 12:58 PM
    Quote Originally Posted by harmony80
    my partner received a suspended sentence in september 2006 for 12 months for drink driving whilst disqualified. we had a big row and he assaulted me and got arrested for assault by beating, iam going to re tract my statement. will he still go to prison?

    What is drunk driving while disqualified?

    Once he was arrested the case became the People of the State of ? Vs Him, not You vs Him so it's up to the Prosecutor whether to go forward. If you retract you can be charged with filing a false Police Report.

    Depending on the circumstances, sure, he could serve some time.
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