On Bail 2nd time drink driving

[jim_dev]

Hi i am nearly 22 i was convicted of drink driving in july 2006, i was let off with 3 points and a dd conviction due to duress of circumstances, stupidly on friday i had 3 bottles of beer and thought i was fine to drive as i drove off the car park i was followed to a supermarket by an undercover police car where when i stopped i was asked to get into the back of the police car where i was breathalysed, i failed, i was took back to the station and blew 58 on the intoximeter, i was so worried in the police station i had an asthma attack and said i didn't want a solicitor i am regretting this now as i dont know what is going to happen, am an electrician so need my license for my job and also have a new born baby so really cant afford to lose my license i know i am looking at a ban but i believe i shoudln't have been porsecuted the first time and the only reason i was found guilty was because the person who was suppost to be giving evidence from the pub to say i had asked him to call the police did not turn up which changed my plea from not guilty to guilty is there anything i can do ?

 

[redzed]

I'm 99.9% sure that it's far too late to appeal your first conviction.

Check out your likely ban and fine. Be prepared for a shock.

http://www.drinkdriving.org/drink_driving_sentencing_guidelines.php

 

[jim_dev]

yeah i seen that earlier, was just trying to convince myself everything would be ok but clearly not...

 

[redzed]

In some ways it makes me wonder whether such lengthy bans are the right punishment as many folks will continue to drive illegally on someone elses insurance policy which obviously won't cover them. A driving ban isn't much of a punishment for a professional footballer for example as they can easily afford to employ a chauffeur. On the other hand, a couple of hundred hours of community service would be much more of a punishment.

In the case of the average working class person, surely a suspended custodial sentence, a suspended 4 year ban and a couple of hundred hours of community service would be a worthwhile punishment.

It would be interesting to know how many people who have received bans continue to drive.

 

[SeanJoyceStephensons]

It is now too late to appeal your first conviction as there us a 21 day time limit which will only be extended in exceptional circumstances. The fact you avoided a ban in 2006 doesn't alter the fact that this is your second conviction within 10 years and, as such, means the latest offence will attract a minimum 3 year ban on conviction. It also means you fall within the high risk offender scheme and must pass a medical at the end of the ban before you will get your licence back.

Disqualified driving is taken seriously by the courts as a deliberate flouting of a court order and will often lead to the imposition ifcan immediate prison sentence and further period of disqualification.