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Thread: Drink driving

  1. #1
    Dolly is offline New Member
    Join Date
    Apr 2018
    Posts
    1

    Default Drink driving

    I was charged with drink driving and awaiting to go to court but im worried as the police didn't know that iv got no licence will the court know that iv got no licence then one week after I was charged with failure to give a specimen of breath on a separate offence and charged with this awaiting to goto court two weeks after I goto court for the first offence need some advice please


  2. #2
    Join Date
    Nov 2008
    Location
    I represent people accused of road traffic offences all over England and Wales
    Posts
    3,194

    Default Re: Drink driving

    The court will be aware of the status of your licence as they will have access to the DVLA records. If you have never passed your test then this would be an aggravating factor and will mean the drink driving penalty could be increased as a result. The police may also lay a separate charge of driving otherwise than in accordance with a licence for which no separate penalty should apply. Ordinarily, a second conviction within a 10 year period for a related offence such as drink driving or failing to provide would result in a mandatory 3 year ban being imposed for a second offence. However, the important period to consider is the date of the first conviction and the date of the second offence. As you are yet to be convicted of any offence (you have only been charged at this stage) you should be penalised in line with the guidelines applied for first time offences in both instances. This means that, by way of example, if you are banned for 12 months or more for drink driving and then appear in court for failing to provide, you should be banned for a period of between 12 and 36 months but no more (the length of ban imposed depends on the circumstances of the offence). That second penalty should run alongside the first one and not consecutively. This can be a complicated concept to understand and you should speak with a solicitor to obtain more detailed advice. You can do so on 03330093819.

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