Advice please - unfamiliar situation

Convicted Driver Insurance

worriedmum

New Member
My 27 year old daughter was arrested at 01.30 on 30/1/11 for drink driving after hitting a lamp post in her car. She had been out for the evening and was the last of her group to go home. She tried to get a taxi but couldn't. Normally she would have called me to pick her up but as I was babysitting I wouldn't have been able to go out so she unfortunately decided to drive home, which is totally out of character as she is usually the one who gives lifts to others as she is happy to not drink. When she had the accident she drove round the corner but as the car was making a noise she got out to see what the damage was. Some police officers were up the road talking to somebody else and saw her get out of the car, came over to see what the problem was and breathalysed her. She failed the test with a reading of 77. She was taken to the police station where they took another breath sample and at 03.00 she was allowed to phone me to tell me what had happened. She was very upset on the phone so I spoke to the officer and asked if I could pick her up. They said that I couldn't as she needed to be interviewed and that couldn't happen until her alcohol reading was below the legal limit. She was detained overnight and released at about 10.45.

She has no previous convictions and a clean driving licence. She has undergone a random breath test in the past which proved negative. She is a single mum. She works 21 hours a week to fit in with school times and although work is only 3 miles away losing her licence would mean she has to reduce her working hours (if her employer agrees) to have time to walk her daughter to school, bus or walk to work and then leave in time to collect her again.

Not being familiar with legal procedures please could you tell me if correct procedure was followed and what she should expect when she goes to court on 17 February?

Many thanks
 
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Do you know the level of the reading at the police station?

If it was a similar level to the roadside reading, namely 77ug/100ml, your daughter will be liable for a disqualification of between 17 - 22 months and a fine.

This offence carries a Band C fine which means that the amount payable should be between 125% - 175% of 1 week's net income.

The fact that your daughter was involved in an accident, albeit minor, will be an aggravating feature to the offence.

The Court should offer a drink driving rehabilitation course, the successful completion of which will result in a reduction of up to 25% in the length of her disqualification.


Kind regards,


Carl Johnson
Drink Driving Solicitor
On behalf of Sean Joyce
 
Thanks for your reply. I believe the reading of 77 was the one taken at the police station so I guess she should expect the 17 - 22 month disqualification.

We just want to get it over and done with now and then maybe we can get some sleep!
 
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