Please help

Convicted Driver Insurance

gooba

New Member
I gave up drinking over a year and a half ago and have been attending AA as I desperately don't want to end up like Dad.

Last night I fell of the wagon after getting upset about my Dad in intensive care. I then had a row with the missus who stormed off with our kids. I then panicked and about 30 mins later went to look for her - massive mistake.

Turns out a family member had already called the police who got me about 200yards from my front door. I blew 74 and was then taken to the station for the night.

I am desperately worried now about what may happen. I had a 'lapse' and will pay dearly for it - I will be banned, lose my job and perhaps my family. Most of all I am terrified that I may end up in prison.

Does anyone know of possible outcomes or been through similar? I was doing so well in recovery and was finally winning the fight against depression, only for my utter stupidity and illness to rip it all away again.

I don't know what to do. Any help would be hugely appreciated.
 
gooba said:
I gave up drinking over a year and a half ago and have been attending AA as I desperately don't want to end up like Dad.

Last night I fell of the wagon after getting upset about my Dad in intensive care. I then had a row with the missus who stormed off with our kids. I then panicked and about 30 mins later went to look for her - massive mistake.

Turns out a family member had already called the police who got me about 200yards from my front door. I blew 74 and was then taken to the station for the night.

I am desperately worried now about what may happen. I had a 'lapse' and will pay dearly for it - I will be banned, lose my job and perhaps my family. Most of all I am terrified that I may end up in prison.

Does anyone know of possible outcomes or been through similar? I was doing so well in recovery and was finally winning the fight against depression, only for my utter stupidity and illness to rip it all away again.

I don't know what to do. Any help would be hugely appreciated.
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Upon a first conviction of driving with excess alcohol and a breath reading of 74 sentencing guidelines suggest a driving disqualification of between 17 and 22 months along with a band C fine.

In your circumstances, custody would only be considered if the level of alcohol in your breath exceeded 120.

The majority of first time offenders are usually offered the opportunity to take the drink driving rehabilitation course, completing the course will reduce the length of disqualification imposed by up to 25%.

Our guide to appearing at magistrates court for drink driving offences may proves useful to you. Keep us updated and let us know the outcome of your court case.
 
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Thank you for your kind reply.

I neglected to mention that I have two readings on my print out - the lowest being 74, the highest being 86. I was not asked to provide blood or urine, does this mean anything?

Thanks again.
 
gooba said:
Thank you for your kind reply.

I neglected to mention that I have two readings on my print out - the lowest being 74, the highest being 86. I was not asked to provide blood or urine, does this mean anything?

Thanks again.
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It means that two samples of breath were analysed, the lowest of which is used as evidence to prosecute. This is standard procedure. You will be prosecuted using the breath reading of 74.
 
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Thanks again for your reply.

I am so totally confused and utterly terrified by this.
 
Try not to stress too much. I was convicted with a reading of 75 last year, so almost identical to yours, and I received a 20 month ban reduced to 15 months on completion of the rehab course, which I did back in spring. The course is well worth it by the way, not just for the reduction of your ban but also from an educational point of view.

There's no point trying to compare fines and costs because it's largely dependent on weekly income, within the Band C range.

I will be driving again from December 1st so not long to go now. I won't kid you that the disqualification period is a bed of roses, but in my experience the thought of it is worse than the reality. The months tick down very quickly and you find new ways of adjusting and getting by. For me, the early inconveniences rapidly became the new norm.

You are probably in the worst period right now, which is waiting for the court hearing. It gets easier once that's out of the way and you know where you stand.

Good luck with it all. Ultimately it's a lesson well learnt!
 
Withnail said:
Try not to stress too much. I was convicted with a reading of 75 last year, so almost identical to yours, and I received a 20 month ban reduced to 15 months on completion of the rehab course, which I did back in spring. The course is well worth it by the way, not just for the reduction of your ban but also from an educational point of view.

There's no point trying to compare fines and costs because it's largely dependent on weekly income, within the Band C range.

I will be driving again from December 1st so not long to go now. I won't kid you that the disqualification period is a bed of roses, but in my experience the thought of it is worse than the reality. The months tick down very quickly and you find new ways of adjusting and getting by. For me, the early inconveniences rapidly became the new norm.

You are probably in the worst period right now, which is waiting for the court hearing. It gets easier once that's out of the way and you know where you stand.

Good luck with it all. Ultimately it's a lesson well learnt!
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Thank you for your kind words - it's a real help to have a forum like this to get advice and support. My Court Case was today, and the prosecution withdrew their case due to the breath analysis readings having a greater margin than 15% and therefore unreliable (74 and 86) and no other specimen was asked for. I was exceptionally lucky, and although it cost me a grand I am very glad I hired a specialist solicitor; had I not bothered then I would have been banned and fined, and had my life turned upside down.

I have learnt my lesson regardless of punishment - from spending the night in a cell and then having this whole two-week period of shame & guilt which has been horrific for me in every avenue of my life. I don't drink anyway and this has re-enforced my awareness of how bad alcohol is for me. Even if you're not an alcoholic like I am, getting behind the wheel after even one drink is a really stupidly bad idea.

My advice is simple; don't do it in the first place and if you can, hire a specialist solicitor who knows motoring law.
 
gooba said:
Thank you for your kind words - it's a real help to have a forum like this to get advice and support. My Court Case was today, and the prosecution withdrew their case due to the breath analysis readings having a greater margin than 15% and therefore unreliable (74 and 86) and no other specimen was asked for. I was exceptionally lucky, and although it cost me a grand I am very glad I hired a specialist solicitor; had I not bothered then I would have been banned and fined, and had my life turned upside down.

I have learnt my lesson regardless of punishment - from spending the night in a cell and then having this whole two-week period of shame & guilt which has been horrific for me in every avenue of my life. I don't drink anyway and this has re-enforced my awareness of how bad alcohol is for me. Even if you're not an alcoholic like I am, getting behind the wheel after even one drink is a really stupidly bad idea.

My advice is simple; don't do it in the first place and if you can, hire a specialist solicitor who knows motoring law.
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Congratulations on beating the prosecutions case. Good for you.

It's interesting that nobody else has congratulated you on here.

Like you I have never been convicted.

Regards
M
 
I am pleased for Gooba that he (she?) seems to have been able to learn a lesson without the pain of disqualification, but I will not offer congratulations on beating the prosecution case, nor from the tone of his post does he seem to be seeking congratulations. He acknowledges that what he did was " a really stupidly bad idea."
 
Mclanelli said:
Congratulations on beating the prosecutions case. Good for you.

It's interesting that nobody else has congratulated you on here.

Like you I have never been convicted.

Regards
M
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I have no doubt that the OP is not seeking any form of congratulations or admiration. An error in process is all that stood between them and a ban.
There is nothing clever about boasting about not being convicted (either genuinely or based upon a desire to exhibit 'internet bravado').
 
Thank you for all your kindness. I must state that in no way was I seeking any kind of pat on the back or otherwise. I was incredibly lucky, and felt that by sharing my experience on here someone may also get the help they need.

Had I not phoned around several different solicitors I would not have been lucky enough to be writing this with a driving license. I had no idea of the process. I am a salesman by trade, not a lawyer. I was not looking to get off - more to try to reduce any form of sentence.

What I did was wrong - and as I sit here looking at my baby son I know everything could have been so vastly different that night.

Being banned , although horrible, is better than the other results of drink driving:
I could have killed someone else's son or daughter or myself. Or ended up behind bars.

For me, the hell of the shame and anguish that I have caused both myself and my family is worse than any official punishment. Reflection on this past month has taught me - if I ever doubted - that with alcohol my life becomes something very unpleasant indeed.

There are many on here that would probably benefit from going to AA. It's saved my life, and was completely not what I was expecting.

For this, and the lessons I get learned I am truly grateful.
 
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gooba said:
Thank you for all your kindness. I must state that in no way was I seeking any kind of pat on the back or otherwise. I was incredibly lucky, and felt that by sharing my experience on here someone may also get the help they need.

Had I not phoned around several different solicitors I would not have been lucky enough to be writing this with a driving license. I had no idea of the process. I am a salesman by trade, not a lawyer. I was not looking to get off - more to try to reduce any form of sentence.

What I did was wrong - and as I sit here looking at my baby son I know everything could have been so vastly different that night.

Being banned , although horrible, is better than the other results of drink driving:
I could have killed someone else's son or daughter or myself. Or ended up behind bars.

For me, the hell of the shame and anguish that I have caused both myself and my family is worse than any official punishment. Reflection on this past month has taught me - if I ever doubted - that with alcohol my life becomes something very unpleasant indeed.

There are many on here that would probably benefit from going to AA. It's saved my life, and was completely not what I was expecting.

For this, and the lessons I get learned I am truly grateful.
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You make your own luck in life. That's what you did, so fair play.

The CPS had knew that their case had a weak point and if challenged on that point they would have to withdraw, which they did at the first hurdle.

Drink drive cases have a high guilty plea percentage and as a result a high conviction rate, but that leads to complacency on the CPS's part, which was the case here.

If the CPS cant get their own house in order then they have no right proceed in the first place and as tax payers we are entitled to bring them to task over it.

What this case serves to prove it that all is not lost when charged with a drink drive offence, and you should always consult with a specialist solicitor. This will give people who are down some ray of hope.

For all of these reasons, I wish you the very best.

Regards
M
 
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