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  • Henrique's Avatar
    Today, 02:55 PM
    Hi, I got a letter from the police with a court date. I had been charged with 3 Charges. 1 Drove a motor vehicle when the proportion of a controlled drug. 5A(1)(a) and 2 of the road traffic act. 2 Drove a motor vehicle otherwise than in accordance with a license authorising you to drive. 87(1) of the road traffic act. 3 Had in my possession quantity of cannabis contravention os section 5(1) of the misuse of drugs. Contrary to section 5(2) of and Schedule 4 to the misuse of drugs. I will need to attend court on the 31th May and would like to know if I should enter a plea of guilty or not. I do not understand the British law very well. do you think I should get a solicitor to go with me to the court? I haven't ever been charged before with anything in UK. And I have sent all my doc for the home office because I had applied for a new visa, but it happens before the traffic offence. do you think I will have a problem with my visa? thanks for your help. I will update the post after I heard the court veredict.
    2 replies | 194 view(s)
  • sillysausage's Avatar
    Yesterday, 06:12 PM
    Hi all, I have been reading these amazing forums for ages, think I have read every post going haha. Anyway I have a query and I figured maybe there might be help here if I were to stop my incessant lurking! My story is slightly different in that its involves a drug driving conviction but I think it links to alcohol. and might be relevant. Long story short in late 2015 my wife, yet again, announced another affair and our marriage had to end. I took this hard as I had no option to leave the family home and my two young children for a while. I REALLY struggled with that and was shortly after prescribed the anti-depressant Mirtazapine. A few weeks later I crashed into a pedestrian barrier. Police breathalysed me but I blew a zero which they were surprised (and annoyed) by. So they did the Field impairment test on my 14 times until I failed, arrested me, did the FIT in front a the FME at the station 11 more times then told me they required blood and of course found the anti-depressant. Annoyingly my GP was absolutely convinced the AD couldn't have impaired my driving given the prescribed dose and thought I had blacked out due to not having eaten for 5 weeks, but without the estimated 6k defence costs for a solicitor and medical experts report I had no option but to plead guilty and so took the 12 month ban. In fairness I shouldn't have been driving anyway, albeit probably not for the reasons the police stated so I cannot grumble about that. The police also wrote to the DVLA saying they would remove my licence before I was banned by the court which they did. I thought this was normal but I realise now it was a medically unfit to drive thing so my licence was revoked by the dvla and I was then also disqualified. Anyway, I went to my GP soon as they released me and he asked me about drinking. I very very foolishly I now realise said that for about a week immediately after I left my ex-wife I had drunk every night. I'm normally tee total and drink maybe once or twice a year at most but I said I drank a lot, for me as a non-drinker I meant that I had drank a full bottle of port over a week and thought that was probably not a lot really, but it was for me. Anyway fast forward 12 months and my ban ended and 2 months prior I reapplied for my license. This raised the medical fitness issue and they spent 2 months writing to my GP and assessing the reply. I assumed there would be no issue, I haven't been to my GP since jan 2916 so nearly 17 months. He has obviously said I had told him I was having a problem with alcohol so now the DVLA are requiring me to have a medical assessment for fitness to drive! I'm assuming this is to check if I'm an alcoholic. Does this seem normal and should I be worried. About 2 months ago I was drinking quite heavily, just for fun, not for weird or unhealthy reasons but I was knocking it back really. Probably going though a few bottles of vodka over a month. Stopped now but is this likely to show up in whatever tests they will want to do in this medical?
    0 replies | 58 view(s)
  • SkyRed's Avatar
    Yesterday, 01:44 PM
    Brief Description of Offence: Drinking at a bar for birthday, left upon closing and husband wanted to drive but couldn't put my car in reverse. I put car in reverse but drove on as well, crashing into a car on the road just outside the car park and almost colliding with a police car. Minimal damage to the other car. Blood Alcohol Level and Reading Type: Breath. 76. Mitigating Factors: No previous convictions, clean licence, good character, cooperated fully with police. Aggravating Factors: Caused an accident. Legal Representation at Court?: Yes Sentence: 12 month ban, reduced to 9 if DD course completed. 250 fine for DD offence. 250 fine for careless driving. Offered the Drink Driving Rehabilitation Course?: Yes. Sentence Comments: Overall, happy with the outcome of the ban as I received the minimum. Bit annoyed that they added the careless driving charge on the day which was unknown to me until 2 minutes before going on the dock.
    135 replies | 123524 view(s)
  • Michael Lyon's Avatar
    Yesterday, 01:30 PM
    John, The right to an alternative specimen of blood or urine is no longer part of the law. Even when it was, it did not apply to readings above 50 in breath. If you sought to explore possible contamination of the breath specimen you would require to plead not guilty as it is only then that you are afforded access to all the evidence the Crown has, although I note that your contention of contamination appears to be purely speculative. You should discuss this with the duty solicitor
    7 replies | 140 view(s)
  • Forum Moderator's Avatar
    Yesterday, 12:12 PM
    Upon conviction of driving with excess alcohol and a breath reading of 80 sentencing guidelines suggest a band C fine or low level community order AND a driving disqualification of between 17 and 22 months. As this is your first offence you are likely to be afforded the opportunity to take the drink driving rehabilitation course. Upon successful completion of the course, the period of disqualification imposed will be reduced by up to 25%. Our guide to appearing at magistrates court for drink driving offences may prove useful to you. Let us know how you get on at court.
    1 replies | 104 view(s)
  • Slow learner's Avatar
    Yesterday, 10:02 AM
    Thank you. I will update as and when I get any more information.
    2 replies | 81 view(s)
  • splodger's Avatar
    05-25-2017, 09:55 PM
    It's tuff but the only way you will get your licence back is with total abstinence now you have been classed as dependant. You will need your doctor on your side, best to visit him regularly and have him document the day you last had a drink. Once you've done that you can apply for your licence 8 weeks before your 12 months of abstinence is up. from then your doctor will be contacted, the you will most likely have to go for a medical with a CDT test. you have to wake up to the fact you are an alcoholic and no amount of controlled drinking will re define that at the dvla good luck, I've been through it all myself
    2 replies | 81 view(s)
  • splodger's Avatar
    05-25-2017, 09:41 PM
    I wouldn't worry about it, I got a new job in a university after completed a enhanced dibs check. It shown drink drive, possession cocaine and multiple shoplifting.
    4 replies | 226 view(s)
  • jp2102's Avatar
    05-25-2017, 04:44 PM
    Thanks for the response Michael, I have been doing a bit of research ..could you advise on the following The police officer fails to ask all relevant questions to eliminate the risk of the breath sample being contaminated.. What were they meant to ask ? I wasn't asked anything . Where the breath reading is at a certain level the police are required to give the motorist the opportunity of having a blood or urine test. What are the levels for this ? Your rights on providing an alternative sample must be explained fairly and properly I wasn't offered this or had no idea I could have until looking on this forum and into it a bit more. Why would this be ? Thanks John
    7 replies | 140 view(s)
  • Over's Avatar
    05-24-2017, 07:35 PM
    I just work part time as a cleaner, well it's full time part time as 5 days a week. Done it for years and where I live there is only seasonal work, and a job like that they don't care. Only time they'd ask is if working in a school or something like that and run a full background check on you. I wouldn't let the conviction stop you from applying for jobs unless you are worried the news would spread about what comes back on the check, they can't say anything and if they say no you never have to see or speak to them again, keep trying and do what you want to do. Ironically me getting caught was the best thing that happened to me, the girlfriend I was with at the time was totally useless and would be pick me up an hour or so late each day (full time cleaner back then 12 hours a day at various sites) got sick of her moved back home with my mother got myself a job and a new girlfriend who knows everything and couldn't be happier. To anyone else reading this, if you get caught and the people beyond your close family are unsupportive, get out now and see it as a way to make a new life, in the year or two that your ban exists use it to build yourself up not just from being caught but to better your life. It's what I did and I don't look back and think wish I'd never got caught, I probably have a very unique experience in this regard but it made my life a lot better than it was 5 years ago. That's isn't to say I condone what I did, but it did shake my life up and get me back on track to building a future.
    4 replies | 226 view(s)
  • SuicidalDepressive's Avatar
    05-24-2017, 01:37 PM
    Thanks everyone, really appreciated the advice. Helped keep me sane for this past fortnight. Had my hearing yesterday. Pretty much knew what was coming, 21 month ban (thanks to some good mitigation, otherwise probably would've been 22) and 280 fine (with the course provided which I'll definitely take, reducing it to under 16 months). I could be back on the roads by September 2018, which I know as a student is just gonna fly by. All in all, the court experience was painless. Magistrates wished me well and the police as I said were nice. I'm just taking it one day at a time now. I'm still pretty depressed mentally, so gotta work on that now, but it's looking up. I did a lot of volunteering before, but I did it selfishly as a career boost so it'll be good to do it for a more redemptive purpose. Don't know if I will end up in the local rag as, tragically, the news coverage has been all on the devastating Manchester bombings (and a M6 pile up). As for the whole changing my name thing, I appreciate it won't keep me clear of a DBS check but from professional point of view you don't want clients and employers googling your name to see all this in a newspaper article online. However, there is this EU "right to be forgotten" law which means you can petition search providers to ditch these articles post-Rehabilitation of Offenders Act period so there's that. Havent heard from the farmer whose gate/hay bale I crashed into. My solicitor told me just to forget about it. Insurers will send me a bill if applicable (though I haven't heard from the guy so I doubt they're doing anything) and the guy might be able to mend the damage himself she says. I doubt it will be a eye-watering bill like some I've heard about.
    8 replies | 344 view(s)
  • SuicidalDepressive's Avatar
    05-24-2017, 01:32 PM
    Thanks everyone, really appreciated the advice. Helped keep me sane for this past fortnight. Had my hearing yesterday. Pretty much knew what was coming, 21 month ban (thanks to some good mitigation, otherwise probably would've been 22) and 280 fine (with the course provided which I'll definitely take, reducing it to under 16 months). I could be back on the roads by September 2018, which I know as a student is just gonna fly by. All in all, the court experience was painless. Magistrates wished me well and the police as I said were nice. I'm just taking it one day at a time now. I'm still pretty depressed mentally, so gotta work on that now, but it's looking up. I did a lot of volunteering before, but I did it selfishly as a career boost so it'll be good to do it for a more redemptive purpose. Don't know if I will end up in the local rag as, tragically, the news coverage has been all on the devastating Manchester bombings (and a M6 pile up). As for the whole changing my name thing, I appreciate it won't keep me clear of a DBS check but from professional point of view you don't want clients and employers googling your name to see all this in a newspaper article online. However, there is this EU "right to be forgotten" law which means you can petition search providers to ditch these articles post-Rehabilitation of Offenders Act period so there's that. Havent heard from the farmer whose gate/hay bale I crashed into. My solicitor told me just to forget about it. Insurers will send me a bill if applicable (though I haven't heard from the guy so I doubt they're doing anything) and the guy might be able to mend the damage himself she says. I doubt it will be a eye-watering bill like some I've heard about.
    8 replies | 344 view(s)
  • Michael Lyon's Avatar
    05-24-2017, 10:55 AM
    John, On the basis of the information provided, you are not at risk of a custodial sentence.
    7 replies | 140 view(s)
  • jp2102's Avatar
    05-24-2017, 08:52 AM
    Thanks again. Just looking for a bit of peace of mind with the anxiety issues I have , will I be looking at a custodial sentence in any way ?
    7 replies | 140 view(s)
  • Michael Lyon's Avatar
    05-24-2017, 08:38 AM
    John, A duty solicitor will be available and you should mention this to the front desk when you arrive at court. A letter would not be necessary as you will be personally present and your solicitor can make verbal submissions to the Sheriff. It is difficult at this stage to quantify what, if any, effect, the alcohol in the car would have. That is something that can be assessed once you are given your case papers on the morning of court. Wishing you the best of luck at the hearing,
    7 replies | 140 view(s)
  • Leascho's Avatar
    05-24-2017, 06:38 AM
    Hi all, this is my first offence and I am really scared. I have depression and anxiety and had a bit of a meltdown/anxiety attacks in my car 2 days ago and stupidly had a drink to try and calm down, I ended up getting carried away and scored 80 on the breath test at the police station following a crash. No one was injured but my airbags did deploy. I can't remember what I scored at the scene but it was probably a bit more. I don't know when my court hearing is yet and don't know what to expect however I know I will get a ban and a fine, will i ever be able to afford insurance ever again? I'm only 19 and have never done anything like this before and feel like I have ruined my life. Any help would be greatly appreciated, thank you P.s I am taking medication for my mental health
    1 replies | 104 view(s)
  • jp2102's Avatar
    05-23-2017, 06:43 PM
    Thanks for your response . I have been dealing with an alcohol problem for some time and previously attended a alcohol councillor but this was a relapse. I don't have the funds available for a solicitor so will the duty one be OK ? Should I write a letter and if so any information I should put in it ? And with the alcohol in the car make a difference ? Thanks John
    7 replies | 140 view(s)
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