please help

Convicted Driver Insurance

jessica

Member
please help me..i was banned from driving in 2009 i got 2 years reduced with course and 120 hours community service...i was in a bad place at the time and went to AA stopped drinking and got my life back on track i have since married and got a 3 year old and 11 week baby who i breast feed...(i also have a 15 year old)and have done controled drinking for a few years with no problems...but on saturday i went for a meal for a realtions hen night i refused the limo and champagne and said i would drive just for the meal..when i was there there was so much wine in front of me coz everyone brought there own that i drank two much..i rang my hubby and heard the baby crying and just got in my car and drove home i didnt get very far till i crashed on a bad bend into a lamp post which i broke..my car is wrote off and i spent the night in prison then hospital. i blew higher at road i think but 114 and 109 at the station i saw a solictor in the morning who was nice...my questions are. which reading will they go off on the form they gave me it says 109?..what is likely to be my punnishment? with it being second time. i am terrified of prison coz i just cant leave my kids.... will they take into account the fact that i was in the sun all day and never hardly drink and have a baby? i am beyond devasted i didnt even want to go to the meal i went to please someone i havent been drunk in years i just cant believe it..i am so scared i will go to prison and just dont know how ill manage without my car with three girls..please help me
 
"my questions are. which reading will they go off on the form they gave me it says 109?..what is likely to be my punnishment? with it being second time. i am terrified of prison coz i just cant leave my kids.... will they take into account the fact that i was in the sun all day and never hardly drink and have a baby? i am beyond devasted i didnt even want to go to the meal i went to please someone i havent been drunk in years i just cant believe it..i am so scared i will go to prison and just dont know how ill manage without my car with three girls..please help me"

You will be prosecuted on the basis of the Lower of the 2 readings that you supplied, so yes, 109. That reading would normally qualify for a ban of 23-28 months and a community penalty, BUT as you have a previous conviction for Drink driving in the past 10 years the minimum ban has to be 3 years. Your ban could be as high as 4 years. The reality is that you will HAVE to manage without the car for quite a while. You may be ble to reduce the ban by up to 25% if you agree to, and complete, a Drink Drive Rehabilitation Course. It has to be offered and accepted on the day, but you do not have to do it if you do not want to.
As you had a community penalty last time, your reading must have been quite high then as well, I feel sure that you will get an increased community penalty this time. (subject to your suitability to do one) I think prison is unlikely, and if it was considered then it would be suspended. 'Hardly ever drinking and in the sun all day' will cut no ice at all in mitigation.
Sorry if you find this bit blunt, but I think you have to consider if you should be 'controlled drinking'. Alcohol caused you a big problem in 2009, and is now causing you a major problem in 2017. Perhaps you should take the view that you should not trust yourself with alcohol and give up entirely. There is life without alcohol, but another cock up due to drink could well cause your whole world to collapse. You 'LIKE a drink' you 'NEED to be there for your family.' The choice is yours.
 
thanks for ur reply...i am going back to AA i only stopped coz i thought i was 'cured!' and seemed fine only drinking with my husband and that was rarely coz ive just had a baby and im breast feeding.. i never put myseld in these circumstances tho just in case...the restuarnt wasnt even licensed! i just did not expect my 'friends' to have brought so much wine etc i was only there two hours n left when they went to the cocktail bar coz i didnt want to drink too much honestly its so ironic! i obviously cant control it no sane person does what i did i could of killed someone or myself i am in shock and digusted at myself
 
do u really not think prison is likely..i have blown high both times? will they possibly take into consideration my little 3 year old and that im breast feeding the baby when giving me community work?
will they take my husbands wage into consideration when fining me...i think i will have to pay for the lamp post too im on maternity at the moment with no wage but hes just had a pay rise...but it seems unfair he would be considered ...
 
It is likely that the case will be adjourned for a 'pre sentence report' where you have to be interviewed by a probation officer who prepares a report and makes a recommendation to the magistrates on a suitable sentence. They are not bound to follow it. Probation do not ever recommend prison in their report. The magistrates will tell you that 'all options are open' which means that prison is an option, but I do NOT think that this will be the outcome because there has been 8 years between the offences and no one else was hurt. At worse it would be a suspended sentence, so you do not go to prison unless you re offend again within a set period of time.
The solicitor on here will be better placed to answer the part about fines. It should be based upon your income because you are the one that committed the offence.
 
oh no i couldnt cope with waiting even longer this wait is killing me...tho i know i deserve it..i definately must be an alcholic ive done enough service in AA to realise it now this has happened it was stupid to ever try controled drinking....i wish i could turn back time ...
 
what makes them not sentence there and then? also i had a solicitor in custody who sat in with me when i had my interveiw and she said she or someone from her firm would b with me in court but shes given me no way of getting hold of her...ive managed to get her email but will she know enough about me to represent me properly...will it help that i pleaded guilty immediately and complied with everything.
 
From a person who's own mental health, drug and alcohol problems led to loosing his licence as a high risk offender all I can say is get help for your alcohol problems and when your at court this will stand you in good stead with your sentencing.

From my limited knowledge like said you won't go to prison but the court will hit you hard as a repeat offender.

All you can do is look after yourself and your family and don't make the same mistake again!
 
thank you....i am going to a new AA meeting tomorrow going to start afresh i just cant believe what ive done..ive not been drunk for years...how will the court know ive been at AA i only saw a solictor in prison will i see anyone on the day before i go in...will they consider that i breast feed my baby and if it is prison would she come with me...or am i over worrying still xx
 
You won't go to prison. The reading wasn't 'quite' high enough, you didn't hurt anyone and you weren't driving whilst disqualified etc. It was also quite a long time since your last conviction.

You'll lose your licence for at least 36 months - that's definite (if you plead guilty). That will be reduced by 25% if you complete the awareness course. They have to offer you that, and I don't think they normally do for a 2nd offence? Sometimes they do, so definitely ask!

Anyway there's no way you'd get a custodial sentence - so I don't think you should worry about that.
 
The court won't know your going to aa you'll have to let them know through a statement by your solicitor, I presume you can't afford one so get there early for your court date and make sure you get plenty of time with the duty solicitor.

i know it's a long way a way but thinking forward you know you have an alcohol problem and controlled drinking hasn't worked so you have to admit your an alcoholic. Tuff but if you want to get your licence back when your ban ends best to document your years of abstinence with your GP. Best to have a good relationship with your GP when it comes to the dvla.

wish you al, the best
 
Bravo thank you...i thought the reading didnt matter coz its a second high offence but i do keep seeing things about 120....so can they not put u in prison if its under?

splodger....i need AA back in my life its only way i stopped last time but coz ive been ok on most occassions except saturday i need to accept it...maybe my kids have stopped me tho not my 'control'
also i rang the solicitor i had at the station they said she is preparing a file to give a proper solicitor who will b there with me on the day... but i wish i could speak to whoever it is... is this all still classed as duty or will i b paying coz if paying im wondering whether to get my own....
 
splodger said:
The court won't know your going to aa you'll have to let them know through a statement by your solicitor, I presume you can't afford one so get there early for your court date and make sure you get plenty of time with the duty solicitor.

i know it's a long way a way but thinking forward you know you have an alcohol problem and controlled drinking hasn't worked so you have to admit your an alcoholic. Tuff but if you want to get your licence back when your ban ends best to document your years of abstinence with your GP. Best to have a good relationship with your GP when it comes to the dvla.

wish you al, the best
Click to expand...
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i went to a meeting on sunday and im going a few times next week is it enough just to tell the solicitor...would u advise getting my own solicitor....the one i had at the station seemed to b saying someone from her firm will b in court with me...would that be expensive xx
 
jessica said:
thank you....i am going to a new AA meeting tomorrow going to start afresh i just cant believe what ive done..ive not been drunk for years...how will the court know ive been at AA i only saw a solictor in prison will i see anyone on the day before i go in...will they consider that i breast feed my baby and if it is prison would she come with me...or am i over worrying still xx
Click to expand...

Can I just confirm something? Do you breast feed?
 
See I'm a bit worried about your attitude here. You seem to be attempting to justify what you did. The facts are simple, you went out for a meal, drank enough wine within a 2 hour window to put you three times over the limit then drove a car which you crashed and were caught and arrested. These seem to be facts.

You will be prosecuted for this offence and receive a SIGNIFICANT period of disqualification and probably a reasonably onerous community penalty.

Aggrivating factors include it being a second offence within a ten year period, the quantity of alcohol in your system and your intoxication causing a collission. If i were on that bench and the cps prosecutor told me your were also a breatfeeding mother that wouldn't endear me to you!

I am very concerned that despite this you are looking to deflect blame...i was out in the sun, my 'friends' provided too much wine, i don't normally drink, i haven't drunk for a long time etc. If you go into court and say these things its going to get worse. You are just below the custody threshold but it could be bumped up and cause a suspended sentence. I can't see custody being given, generally the rule is 4 times the limit and your child would suffer.

Your best hope is an early guilty plea, a clear acceptance entirely at your probabtion report interview and clear evidence that your acceptance of YOUR choices being directly responsible for this outcome have resulted in your seeking help for you quite clear alcohol problem. That is your only mitigation, accepting it is noone elses fault and there are no external influencing factors other than your decision to consume a large quantity of alcohol and then drive a car that led to thus, accepting that, and showing them what you have done to stop this happening again. If you can do that you might be extremely lucky and just get a three year ban and a curfew for a month or so on electronic tag rather than 200 hours of unpaid work
 
And to add, the advice from splodge is goid advice....because your pain wont stop in three years, your going to have to deal with the dvla who will have you as a high risk offender so your going to have to jump through their hoops for 6 months after your ban to have any hooe of ever driving again. If you want my advice as soon as you get banned engage with your gp and kick the drink and spend the next two years seeing your gp showing them how well you are doing alcohol free. Dvla are going to withhold your right to drive until they see at least a whole year of absetneance from alcohol so use your three years to sort yourself out
 
i appreciate what you are saying. i dont mean to make excuses i guess im still trying to make sense of it all.. and i want to let the court know i havent been a mad drunk for the past eight years that i have been trying.. i spoke to my gp today he said ive been having blood tests and he knows ive not been drinking. im back at AA im planning on abstaning forever. one day at a time!
ive got a solicitor now amd ive emailed him everything across but should i try speak to him before the day...he seems to just want to see me on the day....
i was wondering whether breast feeding might go against me too... im so worried xx
 
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