Advice needed please!!

Convicted Driver Insurance

rachw1

New Member
Hi.. I was pulled over by the police just after midnight on new years day. I had spent the evening at a friends boyfriends house in a town I am unfamiliar with. I was staying with my friend, and picked him up, taking him to the house where we were going to. We had a take away, and throughout the evening I consumed 2 glasses or wine with lemonade in. I unfortuantely made the fatal error of thinking as I felt fine to drive and had eaten I would drive my car back to my friends house. Very stupid I know. Unfortuantely, as I dont know the area, and my friend lives in a 1 way street, I was following directions and trying to park my car. I pulled over to try and park in a space but it was too tight, I then followed the road around the corner and was in another street. I tried to pull into another space and realised it was a disabled space, so again pulled out, but not in front of anyone. I proceeded around the 1 way system again and saw flashing blue lights. I pulled over and the officer asked where I had been and where I was going so I explained. The officer then asked if I had consumed alcohol and I truthfully advised that I had 2 glasses of wine with my meal. They asked had I consumed mouth wash in the last 10 mins which I had..... They then advised that they believed they could smell alcohol on my breath and breathalysed me which came back positive. They advised they had to take me to the station for a more accurate reading. At the station, they went to check my property in at the custody desk, but the seargant advised to wait and see what the reading of the instrument was first... I blew a reading of 73ug. The officer who arrested me was shocked, and even indicated on a form she was filling in that I appeared sober and had been very compliant. She also commented that I was the most calm and well mannered person she had ever arrested for drink driving. I myself was extremely shocked at this reading. I know what I did was completely wrong and that there are absolutely no excuses. I was just wondering where I am likely to stand when I attend court on the 18th Jan. I am currently going through a very messy divorce and spent my first ever new year eve away from my children. I have 2 children aged 3 & 6 who both reside with me permanently. I have to take my children to school every morning via car as they attend a school in another village to where we live,which is not in walking distance. I am currently on medication for anxiety and depression, and also suffer from an eating disorder which I recieve counselling for.
I have never had any motoring convictions and have a clean uk license which I have held for 12 years. I did have an accident in July 2007 with a pedestrian who crossed a pedstrian crossing when the no crossing sign was displayed, which was no further actioned by the police as all witnesses confirmed the circumstances and no points were applied to my license.
What is the likely situation I am going to face? From what I have read there will be a ban from driving and a fine, with the possibility of attending a course to reduce the ban? Are there any cases at all where a driving ban can possibly be replaced with points on the license and some other form of punishment or is it always a case of a ban?

Thanks
 
For this offence you will be liable for a disqualification of 17 - 22 months and a fine. Yes, the Court should give you the opportunity to attend a drink driving rehabilitation course, the successful completion of which will result in your disqualification being reduced by up to 25%.

For an offence of driving with excess alcohol it is not possible to substitute points for the disqualification. The disqualification is mandatory in cases such as this.

That said, many cases can be defended on a technical basis and it would be worth discussing your case before you attend Court to see if any defence can be identified.

If you would like to discuss the matter with a member of the team, please call 0845 002 0736.


Kind regards,


Carl Johnson
Drink Driving Solicitor
On behalf of Sean Joyce
 
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