c191
New Member
Hi, I hope someone can give me some advice here. I was out one night 24th April 2016 when I got home and decide I wanted to take a visit to the popular local fast food chain restaurant. The restaurant is 400metres away from my home, I stupidly decided since it was such a short distance and they only serve drive through past midnight I’d get in my car.
I proceeded through the drive through where I placed order and was asked to wait in bay for meal. I felt something was up due to the wait, so I got out my car and proceeded to enter the restaurant however police quickly pulled up and I was stopped.
They identified me as the driver by removing key from my pocket and pressing remote central locking. I assume the staffs of restaurant confirm this too!
Anyway I was asked to do road side test of which I first blew a high reading, not sure exact, followed by a fail.
I was arrested and taken back to police station to provide a sample there. I don’t know why but I always thought if you put a coin in your mouth you blow a lower reading so I proceeded to do the tests with a coin in my mouth. Both tests failed to give a reading, and I was told failing to provide was an offence in itself and was held in custody.
I was due to be in magistrate’s court 5 weeks after the arrest. In this time I took professional advice on which I was to expect the minimum due to myself having, No previous convictions, first driving offence, and clean licence for 9+ years, not aggressive towards police, no damage caused, good character, and good job and maybe for the short distance. I also pleaded guilty at the first opportunity however my case was made up for a not guilty plea? Possibly being fully cooperative with police however I failed to provide I don’t know if this would be against that could be in my favour also. However I was advised to just use the duty solicitor on the day as the outcome will be the same.
I understand what I did was shameful, could have be worse and I can’t begin to put in to words how remorseful I am. It was a sheer act of stupidity on my behalf. I fully take responsibility for my actions and deserve to be punished.
I have attended court and below is the following outcome;
1. 3 year driving ban + HRO to the DVLA
2. 18 Month suspended sentence
3. High level community order consisting of 16 week curfew (electronic monitoring)
4. Rehabilitation programme
5. £200 fine including fees, surcharges etc.
I know I deserve to be punished for my actions however it seems the district judge who was in court really threw the book at me. My partner’s farter has worked within traffic police as a sergeant for 20+ years and has never seen such sentence for a first time offence and has seen people who were worse on several occasions come off more lightly. Everyone I speak to thinks I’m joking or that is a bit too harsh and have been made and example of. I have search on this website on similar cases and it seems where there have been aggravating factors such as damage to property of collisions then people have been served the same if not less. I understand that I should be punished but I am a good character and have always been on the right side of the law. I feel physically sick and can’t put food down due to the fact of just missing being locked up for x amount of months. This has forced me to cancel a pre-paid holiday to the USA assuming I could have went on a 1 DUI charge but I cannot now as I have a suspended sentence and a community order. My partner, an innocent person in this case has lost money due to this. (Of course I will reimburse that).
This one act of stupidity has really had some server consequences, and has cost £5,800 so far all for a stupid burger!
I have read and understand the sentencing guidelines used by magistrates (in my case district judge) for fail to provide specimen for analysis (drive/attempt to drive). From my sentence it is obvious the district judge has went to the top of the scale and use deliberate refusal or deliberate failure where evidence of serious impairment. ‘Serious impairment ‘was justified by district judge from my action of putting my card on the wrong place on the card reader whilst making a contactless payment (something I would probably do sober).
From this the judge initially spoke about 12 weeks custody at this point I felt hot and almost collapsed but was reduced to the high level community order and 18 month suspended sentence and maximum length of ban. Using the table and columns, in small print it states, ‘starting point based on first time offender pleading not guilty’ however I pleaded guilty?
After exiting the court and speaking to the duty solicitor, who was, as well as myself, in shock at the sentence said I have the right to appeal that. I spoke to my partner farther who was astonished, shocked and furious with the outcome and the justice system and also went back to the solicitor who has also told me to appeal against the sentence.
I by no means have any intention to get out of some kind of punishment but would like it reduced. I’m guilty deliberate failure however I don’t see how failing to place my card in the right place on the contactless card reader is evidence of serious impairment, due to the fact its relatively new technology, ‘contactless’ so there is no specific point I always thought you just hold near it or over it so doing this could be carried out by myself impaired or not impaired.
Can anyone advise, reference or elaborate on what is classed as evidence of serious impairment? Also as the evidence of card reader action is in the statement of staff stating there is no CCTV footage of this it would be their word against mine? Only CCTV footage that identifies me as the driver is myself getting out the car when parked up and walking over to the restaurant.
I have a solicitor gathering the evidence and reviewing the case, however, after being re-assured from solicitors and other professional people working within law that I should expect the minimum and no need for legal support, I don’t know who to trust and what to believe here. I really don’t want to appeal to stand up in crown court where my sentence could be increased and face jail time, magistrate’s court was daunting enough. I understand that a judge would speak to the solicitor before the hearing and possibly say ‘I advise your client to re consider’ and can withdraw my appeal prior to entering but this is a scary thought, and I really would like to avoid all media to myself due to career.
I don’t know whether to take this on the chin and sit the curfew out. I don’t imagine myself getting on the wrong side of the whilst carrying out a 18 month suspended sentence however I don’t want to feel I’m walking on egg shells and scared to go anywhere incase I do something minor like litter or my dog poo’s and get sent to jail.
I proceeded through the drive through where I placed order and was asked to wait in bay for meal. I felt something was up due to the wait, so I got out my car and proceeded to enter the restaurant however police quickly pulled up and I was stopped.
They identified me as the driver by removing key from my pocket and pressing remote central locking. I assume the staffs of restaurant confirm this too!
Anyway I was asked to do road side test of which I first blew a high reading, not sure exact, followed by a fail.
I was arrested and taken back to police station to provide a sample there. I don’t know why but I always thought if you put a coin in your mouth you blow a lower reading so I proceeded to do the tests with a coin in my mouth. Both tests failed to give a reading, and I was told failing to provide was an offence in itself and was held in custody.
I was due to be in magistrate’s court 5 weeks after the arrest. In this time I took professional advice on which I was to expect the minimum due to myself having, No previous convictions, first driving offence, and clean licence for 9+ years, not aggressive towards police, no damage caused, good character, and good job and maybe for the short distance. I also pleaded guilty at the first opportunity however my case was made up for a not guilty plea? Possibly being fully cooperative with police however I failed to provide I don’t know if this would be against that could be in my favour also. However I was advised to just use the duty solicitor on the day as the outcome will be the same.
I understand what I did was shameful, could have be worse and I can’t begin to put in to words how remorseful I am. It was a sheer act of stupidity on my behalf. I fully take responsibility for my actions and deserve to be punished.
I have attended court and below is the following outcome;
1. 3 year driving ban + HRO to the DVLA
2. 18 Month suspended sentence
3. High level community order consisting of 16 week curfew (electronic monitoring)
4. Rehabilitation programme
5. £200 fine including fees, surcharges etc.
I know I deserve to be punished for my actions however it seems the district judge who was in court really threw the book at me. My partner’s farter has worked within traffic police as a sergeant for 20+ years and has never seen such sentence for a first time offence and has seen people who were worse on several occasions come off more lightly. Everyone I speak to thinks I’m joking or that is a bit too harsh and have been made and example of. I have search on this website on similar cases and it seems where there have been aggravating factors such as damage to property of collisions then people have been served the same if not less. I understand that I should be punished but I am a good character and have always been on the right side of the law. I feel physically sick and can’t put food down due to the fact of just missing being locked up for x amount of months. This has forced me to cancel a pre-paid holiday to the USA assuming I could have went on a 1 DUI charge but I cannot now as I have a suspended sentence and a community order. My partner, an innocent person in this case has lost money due to this. (Of course I will reimburse that).
This one act of stupidity has really had some server consequences, and has cost £5,800 so far all for a stupid burger!
I have read and understand the sentencing guidelines used by magistrates (in my case district judge) for fail to provide specimen for analysis (drive/attempt to drive). From my sentence it is obvious the district judge has went to the top of the scale and use deliberate refusal or deliberate failure where evidence of serious impairment. ‘Serious impairment ‘was justified by district judge from my action of putting my card on the wrong place on the card reader whilst making a contactless payment (something I would probably do sober).
From this the judge initially spoke about 12 weeks custody at this point I felt hot and almost collapsed but was reduced to the high level community order and 18 month suspended sentence and maximum length of ban. Using the table and columns, in small print it states, ‘starting point based on first time offender pleading not guilty’ however I pleaded guilty?
After exiting the court and speaking to the duty solicitor, who was, as well as myself, in shock at the sentence said I have the right to appeal that. I spoke to my partner farther who was astonished, shocked and furious with the outcome and the justice system and also went back to the solicitor who has also told me to appeal against the sentence.
I by no means have any intention to get out of some kind of punishment but would like it reduced. I’m guilty deliberate failure however I don’t see how failing to place my card in the right place on the contactless card reader is evidence of serious impairment, due to the fact its relatively new technology, ‘contactless’ so there is no specific point I always thought you just hold near it or over it so doing this could be carried out by myself impaired or not impaired.
Can anyone advise, reference or elaborate on what is classed as evidence of serious impairment? Also as the evidence of card reader action is in the statement of staff stating there is no CCTV footage of this it would be their word against mine? Only CCTV footage that identifies me as the driver is myself getting out the car when parked up and walking over to the restaurant.
I have a solicitor gathering the evidence and reviewing the case, however, after being re-assured from solicitors and other professional people working within law that I should expect the minimum and no need for legal support, I don’t know who to trust and what to believe here. I really don’t want to appeal to stand up in crown court where my sentence could be increased and face jail time, magistrate’s court was daunting enough. I understand that a judge would speak to the solicitor before the hearing and possibly say ‘I advise your client to re consider’ and can withdraw my appeal prior to entering but this is a scary thought, and I really would like to avoid all media to myself due to career.
I don’t know whether to take this on the chin and sit the curfew out. I don’t imagine myself getting on the wrong side of the whilst carrying out a 18 month suspended sentence however I don’t want to feel I’m walking on egg shells and scared to go anywhere incase I do something minor like litter or my dog poo’s and get sent to jail.
