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Old 07-29-2009, 06:13 PM
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Default Advise Please

Hello,

I've just recently got my license back from a three year ban which was the second drink driving offence in ten years. On Saturday 25th July I got arrested for drink driving, blowing 47 milligrams in breath.

Can you advise me on what the likely outcome is and is there anything I can do to help my defence as I genuinely believed that I wasn't over the limit and ok to drive.
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Old 07-30-2009, 08:15 AM
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Default Re: Advise Please

Your belief you were under the limit does not alter the fact that you drove, presumably knowing you'd consumed alcohol, and this carries a risk. The court are likely to have little sympathy for you given that this is now your third drink driving offence within 10 years and comes so soon after you've got your licence back following the last ban. Whilst the alcohol reading is not that high (you should have been offered the option of replacing the breath sample with blood or urine) the previous convictions will weigh heavily in the minds of the Magistrates or District Judge when they sentence you and they will no doubt regard the previous convictions as aggravating factors.
There is a strong possibility that following a guilty plea the court will adjourn for a pre-sentence report from the Probation Service to consider all sentencing options, including the possibility of a prison sentence. You should also expect a ban significantly in excess of the minimum 3 years.
I would certainly recommend you get yourself a solicitor. A solicitor will be able to do a much better job of mitigating and limiting the damage if he/she is able to see you in advance of the court date and spend time taking details and advising about what mitigation should be put forward. If you need help finding a good solicitor then feel free to contact me direct by clicking on the link below.
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