Expectations

[joeblogg]

I was caught drink driving with 75mg of alcohol in my breath. I have gained 2 separate incidents of speeding in the last 2 years so currently have 6 points on my license. Myself and a friend had arranged to stay in a hotel that night but my friend (who arranged the accommodation for both of us) had neglected to check if and when they would shut the doors to the hotel. We had clearly arrived after the hotel's lock up hours, and after some time of knocking to try and get in, we went to our separate cars to sleep. The next thing I remember is being arrested and breathalysed.

What conviction can I expect upon my hearing?

 

[SeanJoyceStephensons]

You are looking at a conviction for driving with excess alcohol which will remain on your driving licence for 11 years.
The sentence you can expect, according to the sentencing guidelines, is 17 to 22 months and a Band C fine.
You punishment is reduced if you plead guilty. You can also apply for the return of your driving licence up to 25% earlier if you accept and complete the drink drive rehabilitation course.

The previous speeding offences and penalty points are irrelevant and will have no bearing on the punishment and length of ban you can expect to receive.

 

[joeblogg]

Thanks for your reply Sean.

I have already been booked to go to the guilty court, should I seek legal representation for my hearing and would the fact that I had made prior arrangements to stay somewhere count towards any leniency or a reduction in the conventional sentence guidelines?

 

[SeanJoyceStephensons]

I've just re-read your original post and from what you say you were not actually driving, but in fact may have been asleep in the car. If this is the case then you are more likely to be charged with being drunk in charge rather than drink driving. Whether you're guilty of that offence will depend on what your alcohol ready was likely to be have been whenever you next intended to drive the car. If your likely reading would have been below the legal limit when you intended driving then you would have a defence.

Drunk in charge is not a compulsory ban like drink driving but can instead carry 10 penalty points.

You should definitely seek legal advice. You can arrange this in advance of your hearing by a drink driving specialist. If you would like help doing this then please give one of my team a call on 0333 3233726.

Alternatively you would be able to see the duty solicitor at court on the day.