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Thread: drink driving

  1. #1
    daisy is offline Member
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    Default drink driving

    Hello.
    I got caught drink driving my breath reading was 86. I had my 3 year old boy in the car and had drove to MacDonald's for dinner the staff at MacDonald's called the police as they believed my speech was slurred and my head heavy. They told me to go wait in the food order bay and that is when the police arrived.
    My little boy was 8 weeks premature in 2014 and i have been struggling with post natal depression and post traumatic stress which i have kept to my self and tried self medicating with alcohol. It has only been since a month ago that i braved to tell my husband how ill i really was and he took me doctors where i was prescribed anti depressants but obviously they take a while to fully work.
    I have my court date on monday and I'm convinced in my head i will be sent to prison. My mental health at the minute is not good as this is all i think about and google about. I am soo upset and feel so guilty that i could of ever have done this and put my sons life in jeopardy like that. I'm just grateful no one was hurt.
    Any advice would be appreciated


  2. #2
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    I represent people accused of road traffic offences all over England and Wales
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    Default Re: drink driving

    If you have been charged with driving with excess alcohol as an isolated offence then you would not ordinarily expect to receive a prison sentence for this offence. Whilst it is certainly an aggravating factor that you had your 3 year old son with you, the reading of 86g of alcohol per 100ml of breath would ordinarily see you placed in the second sentencing bracket out of four. You are usually only considered for custody when you are in the top bracket (reading of 120g and above).

    You have a lot of issues that, in my view, will need to be addressed with the court. You have clearly been through a very tough time and it is important that the court have an idea of some of the contributing factors leading to this incident. If you can use this as an opportunity to tackle some of the issues you have had and show the court that you are proactively dealing with any of these underlying issues then that will form strong mitigation. I would recommend speaking to a solicitor to get the right advice, specific to you, and to get representation if possible. You can contact a solicitor on 03333231109.

  3. #3
    daisy is offline Member
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    Default Re: drink driving

    Hi. Thanks for getting back to me. I have a solicitor who will be there with me on monday and they know everything about my past and what i have dealt with. I've also been back to the doctors and had my anti depressants upped. Started councelling and started a 1-1 alcohol programme

    What do you mean as an offence? I have never been in trouble before . Do you think there could be a chance i get a custoial sentence then?

  4. #4
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    Default Re: drink driving

    If driving with excess alcohol is the only charge you face on this occasion then a reading of 86g puts you in a second sentencing bracket. That bracket would indicate a ban of between 17 and 22 months together with either a fine or a community order. Your reading alone is not sufficient to mean the court will be considering imposing a prison sentence. It is an aggravating factor that you have a young child in the car with you at the time but, from the information I have, that alone would not be enough to push you up by two sentencing brackets and put you at risk of custody. On the face of what you say the court should not be considering custody. It is certainly helpful that you have a solicitor in place and that you have made positive and proactive steps that will help your solicitor present an argument to minimise any potential penalty. In cases like this, the prosecution may sometimes charge you with being 'drunk in charge of a child' as an additional offence. It appears not to be the case for you and you appear to have been charged only with driving with excess alcohol. You will need to speak with your solicitor who will have a better grasp of the detailed facts and the extent of any charges you face and can give you a clearer indication.

  5. #5
    daisy is offline Member
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    Default Re: drink driving

    I got given a caution for neglect of child as i had the same solicitor that i will have on monday and he managed to talk to them so i got a caution. Thank u very much for ur help.

  6. #6
    daisy is offline Member
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    Default Re: drink driving

    Hi sorry can i just ask another question. Is prison only considered as a last resort? Could a suspended sentence be seen first?

  7. #7
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    Default Re: drink driving

    The court do not set out determined to impose a prison sentence but if they feel that the custody threshold is met then the court will also consider whether that can be suspended as part of that process. The personal circumstances and attitude towards the offence will be considered as part of that process.

  8. #8
    daisy is offline Member
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    Default Re: drink driving

    What classes as meeting the custody threshold?
    I'm sorry for so many questions. I asked the police sergent when i first got arrested and a few others and also my solicitor who said it was highly unlikely il get sent to prison but for some reason my brain won't believe them. Do the court follow the guidlines is it very reliable?

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