Help please!!

Convicted Driver Insurance

Griff1980

New Member
Help!! My husband has been learning to drive recently and after his Uncles funeral on Friday spent a few extra hours with his friends in the pub whilst I came home. Around 9pm I got a call from him that he and his friend had an accident and hit a concrete post. His so called friend let my husband drive his car knowing full well that he only had a provisional license, no insurance plus had been drinking. I am so angry! The police attended and my husband was fully cooperative, admitted everything. I had a full sleepless night whilst he spent the night in custody. My husband has been charged with driving over limit, no insurance and driving on provisional license (terminology different on charge papers). He blew 41 which I am surprised of considering he'd been drinking at the wake all afternoon. I'm so ashamed of him but just as worried my husband will be sent to prison. He will never be driving again and we have cancelled his lessons and test booked in July. Any help/advise appreciated I just don't want him to get a custodial sentence, I'm not sleeping for fear!
 
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The Court will not consider the imposition of a custodial sentence for this offence.

For a first offence with a reading of 41 in breath the Magistrates sentencing guidelines advise the imposition of a 12-16 month disqualification and a Band C fine which will be calculated on his income. He is also likely to be offered the opportunity to attend the drink drive rehabilitation course which would reduce the length of the disqualification by up to 25% upon completion.

The offences of driving without insurance and otherwise in accordance with a licence are likely to be treated as aggravating factors in respect of the sentence. However the respective guidelines for these offences are to endorse 6-8 penalty points and 3-6 penalty points. As such there is no risk that they will aggravate the sentence to such an extent that a custodial sentence would be imposed.
 
Hi Sean Joyce

Thank you for replying, I have been out of my mind with worry searching the internet for every bit of information I can find (sometimes this makes it worse)? I am so angry, hurt and ashamed of all of this I am a complete "T Totaller" and don't drink at all .. ever! What about the accident? Will that play a factor in the sentance? What about his so called "friend" who's vehicle it is and who was sat with him in the vehicle, will he face any charges? I hope so as he allowed him to drive knowing a) he didn't have a full license b) no insurance and c) he had been drinking all afternoon? I am 100% sure if the police has tested him he would have been over the limit too. I can't actually believe this is real and that they have done this, they could have seriously hurt someone or worse or each other. Also will the courts only take my husband's income or will they factor mine in? As a senior manager my income is significantly higher than my husbands we also have savings tucked away for a wedding we are going to in Cuba next year. Thank you so much for replying.
 
It is possible that your partner's friend will be prosecuted for one or several offences such permitting a person to drive without insurance/otherwise in accordance with a licence/whilst unfit. I cannot say whether the police will choose to take any action and it will be entirely a matter for them.

The accident would be relevant but not to the extent that the Court would consider a community order or a custodial sentence. At most I would expect this to move his disqualification closer to 16 rather than 12 months.

In respect of the fine, it will be calculated solely on your partners income. However, if he were to ask for time to pay then they may well take any savings or your earnings into consideration and order that payment is due in 7 days for example.
 
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