Worried sick, please give advice
- Thread starter Daisey
- Start date
Forum Moderator
Staff member
Upon a first conviction of driving with excess alcohol (presuming it's his first conviction) and with a breath reading of 129 sentencing guidelines suggest a disqualification from driving of between 29 and 36 months. Guidelines also suggest, in addition to the disqualification anything from a high level community order or up to 26 weeks in prison.
The guidelines also state that driving an LGV, HGV, PSV etc. is classed as an aggravating factor which can only go towards increasing any sentence imposed, as is the fact he was driving for hire or reward. Magistrates will certainly consider custody as an option, however it is not a foregone conclusion that he will receive a custodial sentence. Magistrates will consider all aggravating and mitigating factors surrounding the case before passing sentence and will often seek the advice of a probation officer in the form of requesting a pre-sentence report.
The majority of first time offenders usually benefit from the opportunity to attend a drink driving rehabilitation course. Upon completing the course, any period of disqualification will be reduced by up to 25%.
He will also be classed as a high risk offender due to the level of alcohol in his system at the time of the offence. High risk offenders must take and pass a DVLA medical before their driving licence will be returned to them upon expiration of their disqualification.
Our guide to appearing at magistrates court for drink driving offences may prove useful to you. Let us know the outcome of your partners court case as it may help others who find themselves in a similar situation in the future.
I would advise you seek expert legal advice from a solicitor with experience in these cases. Stephensons Solicitors, who provide legal advice on this forum can advise and represent anyone charged with road traffic related offences such as drink driving anywhere in England and Wales. They have a team of specialist road traffic solicitors who can provide free initial legal advice, you can contact them by calling 0333 999 7158 or 0333 344 4889. Alternatively you may find a specialist solicitor local to you in our drink driving solicitors directory.
price1367
TTC Group
I agree with the moderator, that sums up his position nicely.
It would be well worth having a solicitor to plead his case, custody IS a real option in these circumstances.
i would add that the Traffic Commissioner will also take a dim view when he comes to the end of his ban, he will not get his HGV licence back for longer than the ban lasts, and he will have tO appear before a "fitness" hearing to decide, when - or if - he gets his HGV licence back.
for him to have that high a reading, whilst driving a lorry, would indicate that he has a drink problem. It would look better in court if he was able to say that he has already started to address this BEFORE court, rather than say: "I am going to deal with it .... soon."
It would be well worth having a solicitor to plead his case, custody IS a real option in these circumstances.
i would add that the Traffic Commissioner will also take a dim view when he comes to the end of his ban, he will not get his HGV licence back for longer than the ban lasts, and he will have tO appear before a "fitness" hearing to decide, when - or if - he gets his HGV licence back.
for him to have that high a reading, whilst driving a lorry, would indicate that he has a drink problem. It would look better in court if he was able to say that he has already started to address this BEFORE court, rather than say: "I am going to deal with it .... soon."
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