drink driving first offence

Convicted Driver Insurance

MrsEmily

New Member
my flatmate has been caught drink driving with a breath reading of 49. he has no previous convictions for anything. we have looked into this, and found what the maximum penalties are, but have been told his will be much less. can anyone give any hints about what he should expect to have to pay fine wise.

he knows he will lose his licence for at least 12 months, but we have read about rehabilitation courses for drink drivers which could reduce this to 9 months. does anyone know how much these cost, and will this choice be offered to him for a first offence with such a low reading?

thank you
 
MrsEmily said:
my flatmate has been caught drink driving with a breath reading of 49. he has no previous convictions for anything. we have looked into this, and found what the maximum penalties are, but have been told his will be much less. can anyone give any hints about what he should expect to have to pay fine wise.

he knows he will lose his licence for at least 12 months, but we have read about rehabilitation courses for drink drivers which could reduce this to 9 months. does anyone know how much these cost, and will this choice be offered to him for a first offence with such a low reading?

thank you

Hi MrsEmily

Welcome to the forums! For a first time drink driving offence your flat mate can expect to pay a fine anything from 125% to 175% of his relevant weekly income. Relevant weekly incomes are based on income each week after tax and NI, this income could be from benefits, self employment or a wage paid by an employer. It is set to a minimum of £100.00. So if anyone earns less than £100.00 the relevant income will be classed as ?100.00. Anything over £100.00 after tax and NI is classed as a persons relevant weekly income.

For example if you are on benefits and receive £60.00 per week then your relevant weekly income will be classed as £100.00. If you take home £180.00 per week after tax and NI then your relevant weekly income will be £180.00. So say for example your flatmate earns £180.00 each week after tax and NI then he can expect to pay anything from £225.00 - £315.00 in fines.

The drink driving rehabilitation course costs vary but can be between £100.00 - £250.00 depending on location and the course provider. Concessionary rates are available to those on benefits, state pension or full time students.

Your flatmate will almost definitely be offered the chance to go on a Drink Driving Rehabillitation course.

Hope this answers your question.
 
hi thanks for that.

my flatmate is a masters student, therefore he does not qualify for a student loan. all his money for this year, that is rent and weekly living costs were calculated and saved in advance of him starting the course. he does not have a job and does not claim any benefits. will they still class this as £100 per week income?

also, i forgot to ask a couple of things-should he be sent a means testing form and early plea form in the post beforehand?
-how much will he be charged in court fees?

thank you
 
MrsEmily said:
hi thanks for that.

my flatmate is a masters student, therefore he does not qualify for a student loan. all his money for this year, that is rent and weekly living costs were calculated and saved in advance of him starting the course. he does not have a job and does not claim any benefits. will they still class this as £100 per week income?

also, i forgot to ask a couple of things-should he be sent a means testing form and early plea form in the post beforehand?
-how much will he be charged in court fees?

thank you

Hi,

Yes it will still be classed as the relevant weekly income. However Magistrates do excersise their judgement to ensure the fine properly reflects the seriousness of the offence and takes into account the financial circumstances of each individual offender, hence the means testing form. They should consider your flatmates financial situation more broadly as his situation is out of the ordinary and substantially reduces his ability to pay a financial penalty. This means that the requiremnet to pay a fine based on the standard approach would lead to undue hardship and magistrates will take this into acount. This includes the calculation of court fees also.

He may receive a means testing and early plea form beforehand, if not, he will have to fill out a means testing form on the day of his court case.
 
does he need to provide proof that he is in uni and not receiving student support? what form would this take?

will he be required to do much speaking in court as he is extremely nervous and will find it difficult to say much.

when he was arrested he was very co-operative and polite, and did everything he was asked to do straight away. do the police pass on this kind of information to the court and does it make a difference?
 
MrsEmily said:
does he need to provide proof that he is in uni and not receiving student support? what form would this take?

This is at each sentencing courts discretion. However based on the information you have provided. And based on a standard approach magistrates use to calculate fines, and an early guilty plea which usually cuts all sentences and fines down by a 3rd, your flatmates fine will be calculated as follows:

Relevant weekly income = £100.00
X 125% = £125.00
- 1/3 = Approximately £83.00

However due to your flatmates financial situation it is doubtful the standard approach will be taken. It is also generally recognised that the maximum weekly payment of any fines due for those on state benefits etc should not exceed £5.00.

MrsEmily said:
will he be required to do much speaking in court as he is extremely nervous and will find it difficult to say much.

His solicitor will do most of the talking for him. He will have to enter his plea of guilty or not guilty and answer any questions the court ask, but he shouldnt have to talk much at all.

MrsEmily said:
when he was arrested he was very co-operative and polite, and did everything he was asked to do straight away. do the police pass on this kind of information to the court and does it make a difference?

The police do note down this kind of information, it will certainly go in his favour that he was co-operative.
 
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