Caught drink driving, blew 129

[Hive77]

Hi. I wonder if anyone could possibly help me im at my wits end with worry.

I was caught driving whilst under the influence and blew 129. I know this is bad and im so ashamed and disgusted with myself.

I was out on a saturday when my partner and i parked the car in the train station and went to town for a drink. I had no intention of driving home as we live only 20 mins walk from the station. I only drove there because it was raining. We had around 8-9 pints ans left at last orders. For some complete and utter brainless moment i got into the car when we arrived back at the trainstation. I have no idea what come over me. I just wasnt thinking.

Anyway i blew 129 after driving around 200 meters without my headlights on.

I cant stop thinking im going to go to prison. I will lose everything. My job. Our house as my girlfriend will not be able to afford the billa on her own. Im so scared.

I have a previous drink driving conviction but this 15 years ago and i was caught the next morning.

Also i have a prevoius unrelated conviction for common assault as i was in an abusive relationship 3 1/2 years ago.

Can anyone please help. Thank you.

 

[Hive77]

Hi. Just like to add my driving was fine. No accident or injury just headlights not on. Thanks.

 

[SeanJoyceStephensons]

You are correct in saying that the Court will consider a custodial sentence, although it is far from a certainty that they will choose to impose this. For a first offence in the last 10 years the Court are looking at a 29-36 month disqualification and either a high level community order or up to 6 months custody.

Whilst the previous drink driving conviction does not automatically affect the sentence impose the Court may well take this into consideration. That being said, as the offence is approximately 15 years ago I would not expect the Court to significantly increase your sentence as a result. You can also explain to the Court the impact that any custodial sentence would have on both yourself and your partner. Your partner could provide a reference addressed to the Court explaining the impact from her own perspective as well.

Because of the severity of this matter I would strongly advise obtaining legal representation. You may be eligible for legal aid due to the high reading, however this would be dependant upon your financial circumstances as well. You would need to contact a local firm that deal with criminal cases to check this with them. If you are ineligible for legal aid, or you would like to discuss instructing someone privately you are welcome to call my department on 0333 999 7158.

 

[Hive77]

Thank you for your reply. Im just so worried they will do their worst.

I was told by the police i could see the duty solicitor on arrival at court.

I just wish i knew if a custodial sentance was likely or unlikely.

Many thanks.

 

[Hive77]

Sorry, also what do mean by although it is far from a certainty that they will choose to impose this.?

Does that mean im more likely looking at a high community order? Is this classed as a 1st offence drink driving as my previous was over 10 years ago? Also will they loom at my assault conviction?

Many thanks.

 

[SeanJoyceStephensons]

The Court will consider the imposition of a custodial sentence because of how high your reading is in this case. However, just because they will consider it, it does not mean that they will definitely impose one. I'm afraid that without knowing the full facts of the case I cannot reasonably assess whether a custodial sentence is likely or not. The only advice I can give is that it is a possibility and your mitigation should very much be focused towards avoiding this.

You can indeed see the duty solicitor at Court, however with this level of severity my advice is to obtain representation beforehand. If for example it transpires to the duty solicitor that there is going to be severe financial hardship if you are imprisoned, there is nothing he can do to get evidence supporting this if he wants to rely on it in mitigation. If you instruct a solicitor before the Court hearing then you can attend with your case fully prepared and all of the necessary information/documentation.

Previous convictions can be taken into consideration by the Court, however an assault charge does not have any particular relevance to a drink driving case, and your previous drink driving conviction is some 15 years ago so is clearly not a recent issue.