Can't believe I'm here again :o(

Convicted Driver Insurance

stupidgirl

Member
I received a DR10 in May 2012. I blew 56mg, was given 12 month ban (reduced to 9 with course) and fine of £280.00, plus court costs. I got my license back in March 2013.

I'm so ashamed to say, that here I am again :( Monday evening, after having 2 bottles of white wine, I drove (idiotically) and was stopped. I blew 89mg this time, and required to appear in court 14th May (in Liverpool btw). There were no accidents / injuries / damage to anything etc (same as last time).

I am utterly ashamed and so full of hatred and anger for myself right now. I am absolutely terrified that they will send me to jail this time :( I can't eat or sleep and feel sick with this thought. I am a full time carer for my husband and our 2 young amazing sons. Hubby had a Stroke back in Sept 2012 and he wouldn't be able to look after our boys if I went to jail, my life and family would literally fall apart. I am currently taking anti-anxiety meds (Citalopram) and when mixed with alcohol, there seems to be a 'crazy' switch inside my head, which makes me do stupid things, like this.

I am not a bad person, in fact I'm a decent, caring mum and wife and since having to come out of work, I am now studying a BSc (Hons) with The Open University. Again, if I go to jail, I'll lose out on the continuation of my course too :(

I understand that I now face a mandatory 3-year ban and possibly another huge fine, but I just can't go to jail, it will kill my family. I would be happy to carry out community service, as I like helping people and feel I would gain some satisfaction out of doing so.

Am I heading for jail, in reality ??? :(:(
 
No point in preaching to you, you seem to have summed up for yourself the situation you have put the family in.....

So to reality: NO, I do not think that you will go to prison. A reading of 89 on a second conviction will, as you say, mean a 3 year ban, but that is the minimum -it could be up to 3 yrs 10 months.
The usual starting point for a Community Order is a reading of 90, so you may escape that. It would be worth stressing how much time is taken up caring for your husband, as one of the prerequisites for a community order is the time you have available to perform it.
There is nothing to stop the court from offering you a Drink Drive Rehabilitation Course. I know you have already done one, but if you do not mention that you have attended before, they may well agree to you attending if you ask to be allowed to attend. If they are switched on, they will see from your DR10 showing against a 9 month ban that you must have attended a course, and if they ask, you must not lie and say you didn't. People often fail exams first time round, and pass the second time... It can depend on what is going on in their lives at the time, and how receptive they are to learning.
there will also be a fine and costs.... Plus your insurance is going to be much much higher.
if you don't feel able to express your thoughts to the magistrates yourself, you could ask to speak to the duty solicitor at court on the day. This is free, and he MAY speak for you in court, they often do.
You could pay for a solicitor yourself, but as you will not be facing prison for this offence, I would put the £300 or so that would cost towards the fine.
there are people on the forum who have been there already and can also advise on what to say for the best, but genuine remorse,in your own words, is always the best bet.
 
Hi,

Thanks for your quick reply. When you say I won't be facing prison, the guidelines state between 3-6 months :( I can't help worrying that my Judge will be in a bad mood on the day, or take a disliking to me etc :(
 
Have a read through the guidelines on here, the first chart:

http://www.drinkdriving.org/drink_driving_sentencing_guidelines.php

It does not indicate 3 to 6 months as being likely at all.
I agree you should be worried if someone had been injured, but as it was a 'straightforward' drink driving, the aggravating factor of it being a second conviction is already taken into account with the starting point of a 3 year ban.
If you can persuade the magistrates to offer you a course, and you got the maximum guideline ban of 3 yrs 10 months, you might get 11 1/2 months off that, or up to 9 months off if it was a 3 year ban.
Be aware, though, that it can get even worse.... I dealt with someone last year who got a 10 year ban for a 4th conviction.
 
StupidGirl - I was in a similar situation to yourself.

I was first convicted in 2004 and received a 1 year ban. I completed the DD course etc.....

I was then caught again in 2010 with a reading of 83. I received a 3 year ban and £300 fine but was not allowed to retake the DD course. The Magistrate was off the opinion that as I had already taken the course and I had drank and drove again so she couldn't see any benefit of me taking the course again.

I assumed I would be facing a prison sentence due to the high reading but my Solicitor stated it is at the Magistrate's discretion but it was unlikely they would impose a prison sentence for a second offence.

What you need to consider is the short space of time you have got your licence back to when you got caught again. The Magistrate may decide to lengthen the ban to more than the minimum 3 years !!
 
Ok, guys, now I'm seriously terrified as re-reading the charge sheet, it looks like I'm also on there for Dangerous driving (driving wrong way on c/way)

I'm going to Prison aren't I? :.( I will lose my whole family :,(
 
I assume that means you were driving on the wrong side of the road - I would definitely get some professional advice.

Again there is no-way of knowing what the Magistrate will impose until you are standing in front of them - until then its just worrying and saying what if !!!

When I was convicted the second time the statement given by the Police was that they had a road checkpoint and I drove straight through nearly knocking one of the officers over - totally fabricated by the Police. Yes they had a checkpoint, I slowed down and they let me pass. They saw I was driving erratically and decided to follow me down the road and then stopped me.

I did not dispute this as I had not seen the prosecution papers beforehand and was unaware of this until I was sat in front of the Magistrate. I was only charged with the Drink Driving and not dangerous driving.

Again I would urge you to consult a Solicitor. It probably won't be as severe as you imagine.
 
Hi Andy,

Thanks again for replying so late. I'm not sure now, confused, as the charge sheet states as follow: -

Section 5(1)(a) of the road traffic act 1988 and Schedule 2 to the road traffic offenders act 1988

Not sure what the 'Schedule 2' is referring to but reading conflicting info online :-( x
 
What you have quoted there is the offence of drink driving.
Section 5 outlines the offence, schedule 2 amended the scale of the punishment available.
where did you get the idea that you are being done for dangerous driving as well? That is covered in SECTION 2 of the Road Traffic Act 1988, not schedule 2.
Look at your charge sheet again. If it only says that you drove a motor vehicle on a road, namely x, where the proportion of alcohol in your breath exceeded the legal limit...... Contrary to section 5 (1) (a) Road Traffic Act 1988 and Schedule 2 of the Road Traffic offenders act 1988, then it is only drink driving.
If you have been charged with dangerous driving, there will be a separate charge, saying that you drove a motor vehicle on a road, namely x, dangerously, or perhaps, in a a manner likely to cause danger to other road users.
If the police were considering charging you with dangerous driving, they would have interviewed on tape when the alcohol had worn off. For drink driving, with no complications, they wouldn't.
i thing you have confused section 2 with schedule 2. STOP reading so much.... The law is complex and you will only confuse yourself! ..... but you can claim that you have received my post number 500 !!!
 
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Thank you so, so much for your swift replies guys, you don't know how much I appreciate them, I suffer with extreme Anxiety and OCD so this is why my mind spirals :-( I think I was getting 'Section 2' and 'Schedule 2' mixed up, reading the RTA website!

When I attend court, would they bring up dangerous drivinv at all, if it's not actually stated on charge sheet? My charge sheet does just state the alcohol? x
 
The prosecutor will read out a summary of the evidence from the police. This will include why they breath tested you, and the manner in which you drove. It could be something like" the officers observed the motor vehicle and saw that it was veering from the nearside into the centre of the road," .... Or "the officer saw the vehicle clip the nearside kerb and decided to stop the vehicle." It will then go on about the officer smelling intoxicants on your breath and asking you for a breath test.
i take it that you were not driving down the wrong carriageway?
 
Well I'm sure he said I was :-( but nothing of the sort is on the charge sheet? Can they bring a further charge if it wasn't initially stated on charge sheet? ? :-( I'd beg them for community service, but just not jail :(
 
I think this story is a stark lesson to the rest of us. Being stopped once for DD is bad enough but if it happens a second time the implications can be even worse than the first time round. Also, combining medication with alcohol is a recipe for disaster.

stupidgirl, I sincerely hope you find a way through this. We have all had to deal with our issues when caught and it sounds like you have a handful to deal with. I'm not telling you what to do or trying to make you feel bad but perhaps you'll be able to stop drinking at all from now on, particularly as you are already aware of what happens when you mix alcohol with your drugs. When I was caught I was in pieces. I quickly found myself at the lowest point in my life when it happened. I had no previous charges for anything, nothing at all, and then I turned my life and work upside down by being very foolish just once. And this was at a time when my life was sailing along very nicely.


Keep your chin up and make sure you get a decent solicitor.

Good luck
 
Guys,

Sorry to pester :( I rang the Police Station to check what I was being charged for, they confirmed it's just what's on the charge sheet - DUI (sec.5(1)(a)), therefore if this is the case, if I get to court and the Police report says I was driving dangerously (but no charge for dangerous driving), could the magistrate then decide to bring that charge as well, on top of the drink driving??

I just cannot stop panicking :( These 3 weeks are going to be a total nightmare :-(

I've been reading that if I don't get a Solicitor, I'll probably go to prison, but I can't afford one whatsoever :( Could they not just give me community order, or suspended sentence??? :,(
 
Hi Stupidgirl...I don't know if it's the same in England, but here in Northern Ireland, if there's any chance of a custodial sentence, you qualify for legal aid...surely it's worth phoning a solicitor and finding out?...good luck anyways
 
Hi Strontium90, thanks for your reply. I spoke to a Solicitor (the ones on here) a couple of days ago, just for advice, and they were quoting £900 :-O but said it most likely won't be custodial and therefore I probably wouldn't get legal aid, even though they reassure me by telling me this, I still can't help worrying :( x

Hardly anybody on here seems to have been convicted more than once and posted back to tell what their sentences were, which worries me even more :( x
 
stupidgirl said:
Guys,

Sorry to pester :( I rang the Police Station to check what I was being charged for, they confirmed it's just what's on the charge sheet - DUI (sec.5(1)(a)), therefore if this is the case, if I get to court and the Police report says I was driving dangerously (but no charge for dangerous driving), could the magistrate then decide to bring that charge as well, on top of the drink driving??

I just cannot stop panicking :( These 3 weeks are going to be a total nightmare :-(

I've been reading that if I don't get a Solicitor, I'll probably go to prison, but I can't afford one whatsoever :( Could they not just give me community order, or suspended sentence??? :,(
Click to expand...

The magistrate cannot decide to introduce another charge. The prosecution will describe the manner in which you drove, and this can influence the magistrates as to how long a ban you get, but that is all.
i don't know where you read that if you do not have a solicitor you will probably go to prison..... certainly Sean, the solicitor on the forum here, indicated that you could get community service because both offences were close together, that could be the case but YOU WILL NOT GO TO PRISON. I have dealt with drink drive cases for many years so I should know, and so should Sean.
You could ask to speak to the duty solicitor when you arrive at court on the day, that advice is free, and he may speak for you in court.
 
Hi Price1367,

Thank you again for your words of reassurance, they really do help, although I do understand that I don't deserve any reassurance or advice from anyone. I do however, understand now why the medication pamphlet for the SSRI's which I am on do state NOT to drink alcohol with them. Again, not making an excuse though :(

I would be very happy to give back to the community by way of community service, I feel I owe it.

I have written my letter for the Magistrate - do you think I would be okay to include my facts of being my husband's (and boys) carer and a University student etc?

Thanks again, to all of you who have replied to me so far. x x
 
stupidgirl said:
Hi Price1367,

I have written my letter for the Magistrate - do you think I would be okay to include my facts of being my husband's (and boys) carer and a University student etc?

x x
Click to expand...

Yes, I would add information about those 2 things, particularly about being a carer. The only thing to think about is that the press are entitled to report on proceedings in court, so do not put in too much information about your husbands condition unless you are happy to see the details possibly being reported in the local rag.
 
Hi Price,

Yeah, the press is one thing I've thought about, but the least of my worries just now! When I attended Court in 2012, I was actually mistaken for a Solicitor, as with working in a professional office at the time, I knew the 'attire' that would be required! I had suit trousers, court shoes and a smart blouse, not a great deal of make-up, and hair swept back neatly. Think if asked by the Press, I'll pretend to be somebody's Solicitor again! Though I think the sheer fear in my face will spell it all out :( ! x
 
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