2nd Drink Driving offence

[malla196739]

Hi please help
I have committed a 2nd drink driving offence am at my wits end !

I was involved in an accident on my moped and recorded a reading of 43 breath at the police station.

It was a collision with another moped, my fault but i am only 5 months out of a 21 month ban. It was a stupid decision to take moped home but i did.
I am awaiting blood readings which are due on 1st November, how ever I can get my own reading done on my sample.
I am a family man with a printing company, under a lot of pressure (no excuse i know) but everything seems to be slipping away from me and I am desperate for some advice on which way to turn.
If I get a custodial sentence, I will loose my business, my family and their home.
How common is a custodial sentence.

Please Help !

 

[SeanJoyceStephensons]

As your evidential reading was 41 microgrammes, if the blood specimen is positive it should be in the lowest sentencing bracket, which would normally attract a disqualification of 12 - 16 months. As you have a previous conviction within the last 10 years you will be liable for a disqualification of 36 - 40 months.

The fact that you were in an accident will serve as an aggravating feature, particularly if it caused serious damage or injury.

Custodial sentences are normally only considered with very high readings (which in breath means 120 microgrammes or above) or where a person is convicted of a third offence within 10 years.

You should have your own specimen of blood independently analysed as this will give you some indication as to whether the evidential specimen is likely to be above the prescribed limit.

If you would like to discuss your case in more detail with one of our lawyers, please call 0845 002 0736.


Carl Johnson
Drink Driving Solicitor
On behalf of Sean Joyce

 

[malla196739]

Thank you Sean for your reply.
I am having the sample tested and should have the results by tomorrow.
Does the blood reading have a tolerance as I have read that if the reading comes back at 85 (80 legal) that I may not face prosecution. I have read that there is a 6 point tolerance that is applied.
Also you have mentioned that the accident will be an aggravating factor, could this sway more to a heavier fine / Community Service ?

Regards

Malla196739