The morning after the night before

Convicted Driver Insurance

ajtw1988

New Member
i went out on the friday night and the morning after i got pulled over in a routine traffic stop, the officer could smell alcohol on my breath so breathalized me which i failed then got arrested. the alcohol reading on my breath was 41 Ug/100ml and i have a court appearance on the 28th oct.
it is my first driving offence and first criminal offence, could anybody please advise me on possible sentencings and on whether i should get a solicitor?
thankyou
 
41 in breath?

were you offered the chance of a blood sample? If so, did you take your own sample for independent analysis?

Obviously don`t know where you live but GMP do not charge if the reading is under 40. (even though legal limit is 35 in breath). Because you were so borderline it could of been very possible that your blood results could of come back under 80 (in blood)
 
no i didnt take the blood sample test, i wasnt sure about the effectiveness of it at the time and they didnt give me much advice on it..
 
I was told that our force would not charge you if yu were 40 or under they would just give you a caution, but I know this varies wherever you are. You really should have taken the blood sample offered to you as there is every chance it could have saved you from getting a ban.
 
If you plead guilty you need to be aware that a ban is mandatory unless you can prove to the Court that special reasons exist that relate to the offence and not to you.


You are likely to be sentenced to a ban of 12 - 16 months from the reading that you have outlined. This presupposes that you intend to plead guilty to the offence with which you are charged. A financial penalty will also be imposed.



The Court can deviate from this suggestion depending on how they view the case as a whole. Therefore it ultimately depends on how your case is presented to the Court. This is where having a Solicitor can minimise the damage to your driving licence and achieve a shorter ban. However, the minimum is 12 months.


Should you require a Solicitor it is important to instruct one as early as possible. Drink Driving law is a highly specialised area of law. As such, you are best to seek the services of an expert motoring lawyer in order to maximise your prospects of success. This is particularly so if a ban would result in you losing your job or would impact on your livelihood. A conviction would also be a criminal one.

Whilst you may be able to use a duty solicitor at Court, their services are not guaranteed. Furthermore, if you are lucky enough to speak to one you may only get 5 - 10 minutes at most and you will have no control over the skill or expertise of the duty solicitor at Court that day.


The police frequently make errors in the procedure, either at the road side or at the police station. We have dealt with situations like yours before with success and are able to offer advice on whether the procedure was followed correctly with a view to persuading the Court to rule you breath sample as inadmissible.


We offer 2 levels of service to people who are considering challenging the case against them:


(1) A written opinion on your prospects of success and the defences that can and should be run in your case. This is often used by people who would like to represent themselves or who would like the benefit of our expertise and intend to use a less experienced and cheaper solicitor.


(2) Full representation to trial. If you were successful you would be entitled to reimbursement of your legal fees paid subject to taxation.

If you wanted to proceed further then we would invite you to contact us in order to discuss matters further.


If you require our assistance please do not hesitate to telephone us.
 
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