General Advice after drink driving arrest

Convicted Driver Insurance

1stoffence

New Member
I was recently caught drink driving and wanted to understand what the most likey outcome will be.

Breath was 90 (at police station)
Mitigating factors: full cooperation with police, no previous driving or criminal offences and pleading gulity at the time

Aggrevating factors:
Car was in an accident after hitting a curb (flat trye as was bould and deflated on impact)
1 passenger
Empty bottle of beer in car (although not drank by me found in drivers side but not taken away)

In terms of court will again pleady gulity
 
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Re: General Advice after arrest

The sentencing guidelines are available here:
http://www.drinkdriving.org/drink_driving_sentencing_guidelines.php

You will see that the guidelines sentences come in ranges. Whether your case falls at the top or bottom of the range will depend on the quality of presentation of your mitigation. Sometimes it is possible to persuade courts to move into the range below if the mitigation is particularly good and well argued.

I would recommend you obtain legal representation.

If you want help with this then either call us on 0845 0020736
or visit our web site and contact us by clicking on the link below.
 
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Re: General Advice after arrest

Thanks

in terms of the empty bottle will that have a bearing?

I intend to have reprsentation in the court room and also hope to have a reference from work
 
Re: General Advice after arrest

I don't think that the presence of the empty bottle will have any bearing on the outcome of the case.
 
hey,
I was in a similar situation to you,reading 88 and went into fence on private land so that was aggravating too..I got representation at court,UK Traffic law who were really good,obviously i pleaded guilty but the solicitor really helped in that he was able to put across my mitigation in a way that i could not.I didnt have to say anything other than name etc and plea. I got 17 months ban reduced to 13 with driving course,100 fine,85 costs and 15 victim surcharge..so really lenient considering.solicitor was not cheap but worth it as i believe that helped me get a lower ban.hope this helps. Alex
 
Hi Alex

Thanks for the advice :)

I am for sure getting representation, i spoke to a friend who also got arrested several years ago and he suggests the same. Did you have any references at your hearing regarding character?

Also (open to all to answer) would noting the amount of travel you do in the car help with mitigation?
 
well I am a community worker and volunteer as a mentor for young people so that sort of showed im not just genrally a terrible person!got a reference from my boss there and colleague and family friend,and letter from man whose fence i broke to say i had rung and apologised and offered to cover damage,all definitely helped along with genuine remorse in court.While driving is not essential to my job it has made things difficult and my solicitor sort of went along the lines of 'well she will suffer anyway so can you not make it too long' it wont stop you getting banned but might help in length of ban.
 
I had one addition question regarding the bearing of the passenger to the case. What bearing is there if it is a relative and they are elderly or disabled? Is this taken into account or is taken that there is simply a passenger?

I am in deep shame about this who situation and am thankful that one was was hurt as a result of my lack of judgement.
 
The aggravating feature is that you hade a passenger in the car. I don't beleive that the age and disability of that passenger is going to make any material difference to the outcome of the case.
 
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