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Thread: Student caught over the limit, advice needed!!

  1. #1
    tiptop10 is offline Member
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    Mar 2018
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    Default Student caught over the limit, advice needed!!

    Hi there,

    Got caught with a breath reading of 44. Was driving a 2 minute journey to a friends house, 1st ever conviction never been in trouble before and was only just over the limit, so I believe I fall into the first penalty bracket. This being said is there any chance the ban can be reduced? My court date is on the 28th March so I have time to find representation, but do I need it? I am a student so money is stretched quite tight already! Just need some advice on the court procedure, I am pleading guilty to the charge, and if I argue any mitigating circumstances such as;

    - First conviction
    - Clean driving record of 3 years
    - Only just over the limit,

    could the ban be reduced at all or is it not worth the magistrates time arguing for a reduced ban?

    Thanks!


  2. #2
    Join Date
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    I represent people accused of road traffic offences all over England and Wales
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    Default Re: Student caught over the limit, advice needed!!

    The lowest possible ban that the court can impose for a drink driving offence is 12 months. A ban is mandatory for this offence and 12 months is the lowest length of ban the court will impose. The court can allow you the opportunity to complete a drink driving rehabilitation course. If that is then successfully completed by the required deadline then your ban can be reduced by up to 25%.

  3. #3
    tiptop10 is offline Member
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    Default Re: Student caught over the limit, advice needed!!

    Quote Originally Posted by SeanJoyceStephensons View Post
    The lowest possible ban that the court can impose for a drink driving offence is 12 months. A ban is mandatory for this offence and 12 months is the lowest length of ban the court will impose. The court can allow you the opportunity to complete a drink driving rehabilitation course. If that is then successfully completed by the required deadline then your ban can be reduced by up to 25%.

    Thanks! And with the fine, is there any possibility of a reduction there? And with the criminal record, is that there for life or for a certain amount of time, depending on what the magistrate says?

  4. #4
    Join Date
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    Default Re: Student caught over the limit, advice needed!!

    Your fine is assessed based on your means and pleading guilty on the first occasion should see your fine reduced automatically. Your fine will be calculated by using a starting point of 150% of your 'relevant weekly income' (equivalent to your take home weekly pay). That can be reduced by up to 33% when you enter a guilty plea at the first opportunity. The conviction will remain on your driving licence as an endorsement for 11 years. It will be recordable as a previous conviction on any DBS check for 5 years after the date of conviction and sentence.

  5. #5
    tiptop10 is offline Member
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    Default Re: Student caught over the limit, advice needed!!

    Convicted Driver Insurance Quotes
    Quote Originally Posted by SeanJoyceStephensons View Post
    Your fine is assessed based on your means and pleading guilty on the first occasion should see your fine reduced automatically. Your fine will be calculated by using a starting point of 150% of your 'relevant weekly income' (equivalent to your take home weekly pay). That can be reduced by up to 33% when you enter a guilty plea at the first opportunity. The conviction will remain on your driving licence as an endorsement for 11 years. It will be recordable as a previous conviction on any DBS check for 5 years after the date of conviction and sentence.
    This is great information, thank you! As a student with no weekly income is it based off my student loan and maintenance grant do you know?

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