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Thread: 3rd Drink driving offence in 16 years

  1. #1
    JohnboyB77 is offline Member
    Join Date
    May 2018
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    10

    Default 3rd Drink driving offence in 16 years

    On Friday 25th May 2018, I was arrested for Drink Driving. This is my 3rd offence. I was first convicted in 2002 where I received 11 month ban and went on the rehabilitation course. I was again convicted in 2010 and was given a 3 year ban and 60 days community service plus court costs.

    I am due in Court on the 25th June and really do not want a custodial sentence. I am really worried and frightened about this and have contacted a local solicitor they have sent me a legal aid form which I have to fill out and return to them. I am on JSA and have been told because of a possible custodial I could be eligible for help with costs.

    I am aware that if one is convicted 3 times within a 10 year period that this will result in a probable custodial but mine has been within a 16 year period the last one in 2010 is within a 10 year period and I am hoping that I will be given community service. I am aware that I will no doubt be given a long ban longer than 3 years. Please can I have some advise on this it would be much appreciated.


  2. #2
    Join Date
    Nov 2008
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    I represent people accused of road traffic offences all over England and Wales
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    3,178

    Default Re: 3rd Drink driving offence in 16 years

    You are right in thinking that the fact that the most recent conviction was 2010 would lessen the risk of custody. Custody is certainly not guaranteed if there are three offences in 10 years and the fact that yours span a period of 16 years lessens the risk somewhat. However, the circumstances of this offence will be relevant. The reading and any aggravating factors will be taken into account. Similarly, the court will consider mitigation, both in terms of the circumstances of the offence and in terms of your personal circumstances. Thorough preparation is needed and the detail of the case and your background is an important issue for the court. Your solicitor will talk you through this process. A community order, or even a fine, depending on the reading, is certainly not out of the question.

  3. #3
    JohnboyB77 is offline Member
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    May 2018
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    10

    Default Re: 3rd Drink driving offence in 16 years

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    My reading was either 73 or 74. I have submitted my Legal aid form and am waiting to see if I am able to qualify. Thank you for putting my mind at rest with regard to my original post I definitely do not desire a custodial sentence. This is the very LAST time that this is going to happen to me it has been nerve wracking.

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