Convicted on Sunday Night. 87mg breath.

[whiterabbit]

I ride a motorbike, had my full license for just 4 months.
I don't really drink that much and this is why I think what I blew on the test was so high. Possibly.

I had 3 pints that night, but the night before had probably about 6 pints and the whole day on Sunday I was feeling a little hazy.

I was out for a sunday ride, and actually had a small accident where I fell off at the lights as the orads were wet and my reg plate snapped off, so I put this in my bag. Two friends called me to ask if I wanted to go for a quick drink and I did, thinking I would be OK for one and go home.

We had two drinks in one pub out of town and then we drove to another pub in the town center, I had one more and then rode home.

Here's where I made 2 big mistakes: I had no rear number plate on where my light was also attached, so no rear light in effect, and also the police caught me turning down a one way street. And I honestly swear I did not know this was a one way street. There were signs but dark and I did not see them.

The police car was there in a flash not sure how but I blew 87 on the breathalyzer. Thankfully they did not impound my bike, and they let me lock it up and took me to the cells.

I was compliant and did as I asked.

Was released at 9am the next morning. Thankfully my bike still there.

So can anyone please advise me on my likely outcome?

I got the bike so I can start looking for work in the nearing cities and commuting to them, am I going to be banned here?

I am not a heavy drinker, I very rarely drink. It's just a shame that when I did I had my bike!

 

[Forum Moderator]

I ride a motorbike, had my full license for just 4 months.
I don't really drink that much and this is why I think what I blew on the test was so high. Possibly.

I had 3 pints that night, but the night before had probably about 6 pints and the whole day on Sunday I was feeling a little hazy.

I was out for a sunday ride, and actually had a small accident where I fell off at the lights as the orads were wet and my reg plate snapped off, so I put this in my bag. Two friends called me to ask if I wanted to go for a quick drink and I did, thinking I would be OK for one and go home.

We had two drinks in one pub out of town and then we drove to another pub in the town center, I had one more and then rode home.

Here's where I made 2 big mistakes: I had no rear number plate on where my light was also attached, so no rear light in effect, and also the police caught me turning down a one way street. And I honestly swear I did not know this was a one way street. There were signs but dark and I did not see them.

The police car was there in a flash not sure how but I blew 87 on the breathalyzer. Thankfully they did not impound my bike, and they let me lock it up and took me to the cells.

I was compliant and did as I asked.

Was released at 9am the next morning. Thankfully my bike still there.

So can anyone please advise me on my likely outcome?

I got the bike so I can start looking for work in the nearing cities and commuting to them, am I going to be banned here?

I am not a heavy drinker, I very rarely drink. It's just a shame that when I did I had my bike!

When convicted of driving with excess alcohol there is a mandatory minimum 12 month driving disqualification. The actual period of disqualification imposed is largely based on the level of alcohol in a persons system at the time of the offence.

Upon a first conviction of driving with excess alcohol and a breath reading of 87 sentencing guidelines suggest a band C fine and a driving disqualification of between 17 and 22 months. The majority of first time offenders usually benefit from the opportunity of taking the drink driving rehabilitation course, on completion of the course you will be awarded a reduction of your driving disqualification of up to 25% of the total disqualification period imposed.

The fact you were involved in a minor accident and that the police witnessed you turn the wrong way into a one way street can only be seen as an aggravating factor and evidence of an unacceptable standard of driving which can only go towards increasing any sentence imposed.

Our guide to appearing at magistrates court for drink driving offences may prove useful to you. Let us know how you get on at court as it may help others who find themselves in a similar situation in the future.

 

[whiterabbit]

Thanks for the information.

I have read through it all.

Can I just ask:

I was going to go to citizen advice, is this worth it?

I would like to apply for legal aid, do I do this before court and if so how?

I was at 87mg of breath, I just read that the DVLA drink driving medical is required when you breath 87.5mg, will this mean I won't have to do this thus keeping my license?

I don't have any plastic license as the DVLA have not yet sent it through yet.

Do I need to take INSURANCE and MOT certs???? I am unsure I have the MOT cert, as I am unsure it had an MOT, as when it was listed on ebay it said MOT till August, so I presumed this meant the end of August??

 

[price1367]

There is not really anything the CAB can do for you.
Drink driving does not qualify for legal aid unless there is a substantial risk of custody, and with a reading of 87, this is not the case.
you can ask to speak to the duty solicitor free when you get to court, just ask the usher to point you towards where he / she is.
You are right that 87.5 is the threshold for doing a medical, so at 87 you will not have to do one, not sure what you mean by "thus keeping my licence....."? You will be banned, but you can apply 8 weeks before your ban is finished to be sent your licence back in the post without a medical. Just check the date on your licence as having the licence back does not mean you can drive yet..... The date you will be able to drive from will be printed on the licence.
the court will not want to see your documents, you will only have to produce them at a police station if the police gave you a form telling you to do so. "MOT expires August" does not mean the 31st, it could just as easily mean the 1st, you will have to be tighter than you have been on your documents after your ban is up!
DVLA should have sent your full licence through by now. You will not be in trouble if you do not have it to hand in at court, but I would check with them to see that they received notification that you had passed your test, because if this is not registered within 2 years then you default back to a provisional and have to sit your test again.

 

[whiterabbit]

I am going to represent myself and when I have the chance, tell the courts that I wanted to represent myself so that they could see I am a good honest member of society and that I have a lot going for me. I ran a business in the town center for years and only recently closed it down 5 months ago. However now continue to run my fashion store online though not as financially successful. But still a business man in my own right.

I also want to say to the court that what I have done I am fully aware of and am aware that I should be punished in some way, but I would like to ask that their punishment is lenient as I have a lot going for me and i am a true natured member of society who is wanting to contribute as much as possible. And my previous driving actions were not my normal self and I am a ware it was a mistake.

I have am not actually drinking alcohol now, not that I did much before, but this whole experience has been an awakening for me and know I need to stop even occasional drinks disrupting my business goals.

Or am I best just shutting up?

I would accept 12 month ban and a fine.

I feel community service would be inappropriate as I truly have had an awakening here, I have passed down on 3 drinks offers this week, and no intention to drink alcohol in the near future.

What's my best action here guys??

 

[price1367]

The right thing to do for court is to turn up looking smart and be sincere. The magistrates will like your apology, but do NOT tell them you feel there is no need for community service...... They decide the appropriate punishment, based on the circumstances of the drink driving and what they make of you. In any case, the normal threshold for a community order is a reading of 90 upwards.
I am sure you would happily accept a 12 month ban....... But the guidelines for your reading of 87 is 17 to 23 months. If you want to try to persuade the magistrates to sentence you at the lower end of that scale, then you can say about your business, but it is better to concentrate on the effect that your ban may have on others.
You can reduce the length of the ban that the court give you by asking to do a drink drive rehabilitation course. It has to be offered and accepted on the day at court. (although it is up to you if you actually do one) if you complete the 2 1/2 day course, then you get up to 25% off any ban that the court imposes.

 

[whiterabbit]

Thank You for advice.

So say about my work but also people?

Well I am not sure who it could affect other than myself? But any suggestions on how I can include people into this?

I am taking notes here and compiling a list.

 

[Irrationality]

My court experience is that they stick to the guidelines. I was 82mg and got 21 months reduced to 16 with DD course. I was hoping for 17 at best and thought I put a good case together while dressing smartly etc.

To be honest, sitting on the course hearing everybody make excuses was the most sobering thing of the whole experience. You'd have thought we were all pious nuns! The sentances are tough for a reason, I will never touch a drop and drive after this hellish experience. Best of luck and fingers crossed for you in court.

 

[whiterabbit]

OK so it's done now...

I'll leave a proper report in the other section but here goes..

Got to court at 9am (45 mins before it stated my hearing was), didn't actually get in the court room till 12.25! Thought keep your cool because these are all people here.

I was going to represent myself, and when I spoke with the duty solicitor, she just said, 'look I have 10 years in this so you either let me do it or forget your words and weaken your story'.... I liked her direct and snappy approach. She took all the info and crafted a strong case.

In court the judges got to see who I really was, it was an isolated error, and that I had ran a business in town center for nearly 4 years before closing and that the bike was essential for the continuance of my business online, i think they really liked me as the main judge said, 'sadly we have to work by the book here, and have guidlines to stick too.... etc' what he meant was we like you and would like to give you a 12 month ban but because you blew 87 we have to stick to certain guidlines..

So they gave me 20 month ban, option to do the drink drive course (which i took) and a fine and costs of £200... Not too bad..

Oh someone on here told me I didn't need to take my insurance, the solicitor said whatever wally told you that shouldn't be giving advice.. so I technically could have been done for no insurance, my bike had no MOT (just ran out) so the solicitor made a deal with the prosecutor that if I pleaded guilty for no MOT they will let the insurance count drop. So took that.

All in all apart form having to sit like a lemon for 3 hours it was OK and fully accept the punishment. I know I was fully stupid for driving with 87mg in me.. Absolutely reckless..

This whole incident has woken me up to many things. Life and business. It needed to happen in a sense. Good luck to all out there who have got to this stage.

 

[price1367]

You had a reasonable outcome, but please do not say I am a Wally for saying that you did not need to take your documents to court..... when you did not mention that you had been charged with not having Insurance or MOT as well as drink driving. I have read your posts again and you made no mention of this.
The solicitor said I shouldn't be giving advice...... I can only advise on what you tell this forum! Of course if you had been charged with those offences then you would want to take evidence that you did have them and were therefore innocent. (well the insurance anyway)
You would not need to take the documents if you had not been charged with those offences, as the court do not step outside what where remit is - to consider the charges brought before them.

 

[Argh]

You had a reasonable outcome, but please do not say I am a Wally for saying that you did not need to take your documents to court..... when you did not mention that you had been charged with not having Insurance or MOT as well as drink driving. I have read your posts again and you made no mention of this.
The solicitor said I shouldn't be giving advice...... I can only advise on what you tell this forum! Of course if you had been charged with those offences then you would want to take evidence that you did have them and were therefore innocent. (well the insurance anyway)
You would not need to take the documents if you had not been charged with those offences, as the court do not step outside what where remit is - to consider the charges brought before them.

Price, nicely handled. Crikey is this guy from middle earth or something, hence the username I guess hee hee

Anyway well done Whiterabbit, also as you've no medical that's an end to the matter, aside from the awareness course. Oh make sure you arrange that pal, they won't do it for you!! As part of your sentence report will be the date by which you must complete the course.