In Charge of vehicle whilst over the limit.

[Stupidnob]

Hi All

To cut a long story short:

I went out after work for a coulpe of pints, and then a couple more and decided to sleepit off in my car - Police cought me and I ended up with DR40.

I had a fallout with the mrs and had to sleep in the car but had a few vinos (stupid I accept) and got cought again - I'm awaiting court and wondering what could be the outcome?

 

[Xeronema]

Hey,

You said you got 'caught again', is this your second drink drive/in charge related offence?
Did you get arrested and charged twice in one night or was it just the one time?

 

[Xeronema]

Ok, so after re-reading a few times. You have a DR40 conviction already and now you've been arrested for drunk in charge (what will be, after convicted, another DR40) again?

Do you have any points on your licence?
What year did you receive your DR40?
What was your reading on the lion intoxilyzer at the police station?
Were you arrested for 'drunk in charge', as apposed to drink driving?

I'm just trying to get some additional information together to make it easier for others to help answer the question better.

 

[Stupidnob]

Ok, so after re-reading a few times. You have a DR40 conviction already and now you've been arrested for drunk in charge (what will be, after convicted, another DR40) again?

Do you have any points on your licence?
What year did you receive your DR40?
What was your reading on the lion intoxilyzer at the police station?
Were you arrested for 'drunk in charge', as apposed to drink driving?

I'm just trying to get some additional information together to make it easier for others to help answer the question better.

Last year was the first.
I have no idea what intoxilyzer make was and was arrested for in chare over the prescribed limit, and have 1 point left.

 

[BigTom]

Last year was the first.
I have no idea what intoxilyzer make was and was arrested for in chare over the prescribed limit, and have 1 point left.

You are being quite elusive with your information which makes it harder for people to give you any guidance.

Presume you received a 10 point endorsement last year rather than a ban? A second 'in charge' means 2 relevant endorsements in 10 years, this will result in a minimum ban of 3 years with you also being classed as an HRO. After the 3 years you will have to undergo the DVLA medical to get your licence back.

 

[Stupidnob]

You are being quite elusive with your information which makes it harder for people to give you any guidance.

Presume you received a 10 point endorsement last year rather than a ban? A second 'in charge' means 2 relevant endorsements in 10 years, this will result in a minimum ban of 3 years with you also being classed as an HRO. After the 3 years you will have to undergo the DVLA medical to get your licence back.

Apologies if I appear to be elusive and your correct with 2 relevent endorsments in 10 years but think it was 11 points and a fine?
I also thought it was 1 year per point to be reduced from the licence?
I'm thinking that because Iv'e committed the same offence twice that I would have the book thrown at me, so to speak...
so if the minimum is 3 i'm wondering what the maximum would be and how do they work out what fine should be, it seems to be like a finger in the air fine whith how they are feeling on the day???

 

[TCB1989]

Have to agree with BigTom, This will go down as a 2 in 10 years so it will more than likely be a mandatory 3 year ban, its still technically classed as a DD offence.

Without knowing your reading etc it would be hard to pin point the punishment in terms of fine, community service etc, but the punishment will be more severe the second time around, does the breath reading not appear on your charge sheet?

 

[Stupidnob]

Have to agree with BigTom, This will go down as a 2 in 10 years so it will more than likely be a mandatory 3 year ban, its still technically classed as a DD offence.

Without knowing your reading etc it would be hard to pin point the punishment in terms of fine, community service etc, but the punishment will be more severe the second time around, does the breath reading not appear on your charge sheet?

Iv'e since misplaced the charge sheet but blew 85 twice

 

[C J 1980]

Iv'e since misplaced the charge sheet but blew 85 twice

The minimum ban time for a second drink driving offence in ten years is 36 months, but that’s if the reading is just over 35. However, as your reading is quite high I would say you are looking at a minimum of at least 42 months in this case with some additional punishment like community service.

CJ

 

[Stupidnob]

The minimum ban time for a second drink driving offence in ten years is 36 months, but that’s if the reading is just over 35. However, as your reading is quite high I would say you are looking at a minimum of at least 42 months in this case with some additional punishment like community service.

CJ

Thanks CJ, so 3.5 years is probably what I'm looking at and at the end of the ban as BigTom said a DVLA medical.
In addition to the ban in terms of the punishment with community service or maybe a fine, I have been signed off work by the Doctor for over 5 months now and looks as it's ongoing and only on SSP, if I'm signed off from work (not recieving Universal Credits) I'm wondering if community service would apply and whilst I'm on mealsly SSP if they would fine me still???

 

[C J 1980]

Thanks CJ, so 3.5 years is probably what I'm looking at and at the end of the ban as BigTom said a DVLA medical.
In addition to the ban in terms of the punishment with community service or maybe a fine, I have been signed off work by the Doctor for over 5 months now and looks as it's ongoing and only on SSP, if I'm signed off from work (not recieving Universal Credits) I'm wondering if community service would apply and whilst I'm on mealsly SSP if they would fine me still???

When you appear at Court you need to declare your income and state you are out of work and not in receipt of any benefits. The Magistrates bench makes the final decision about punishment. They shouldn’t impose a heavy fine in these circumstances because invariably in some cases (not yours I might add), it forces people to commit further crimes like theft or burglary if they have no means to pay.

CJ

 

[Stupidnob]

When you appear at Court you need to declare your income and state you are out of work and not in receipt of any benefits. The Magistrates bench makes the final decision about punishment. They shouldn’t impose a heavy fine in these circumstances because invariably in some cases (not yours I might add), it forces people to commit further crimes like theft or burglary if they have no means to pay.

CJ

Thanks guys

 

[TCB1989]

As CJ said the fine they may come away from, however may compensate in other manners of punishment whether this be, suspended sentence, RAR days with probation, alcohol tag or indeed community service (again your health permitting). It’s like my solicitor said to me “it wouldn’t be feasible second time round for purely a ban and fine” they have to be seen to be meeting the severity threshold, so if you are unable to pay a large fine or do community service they will look to other options.

 

[C J 1980]

As CJ said the fine they may come away from, however may compensate in other manners of punishment whether this be, suspended sentence, RAR days with probation, alcohol tag or indeed community service (again your health permitting). It’s like my solicitor said to me “it wouldn’t be feasible second time round for purely a ban and fine” they have to be seen to be meeting the severity threshold, so if you are unable to pay a large fine or do community service they will look to other options.

I’d maybe seek legal advice when going to court on this occasion as it’s a second drink driving offence. Although, I would always encourage a guilty plea, a solicitor may help in addressing the bench in requesting a suitable course of punishment. Stupidnod may be eligible for legal aid if his circumstances are rather tight.

CJ

 

[Guygibson]

I had 2 convictions in 10yrs with aggravated factors and my 3rd got mentioned as well got 4yrs and 550 fine got lucky I geuss