Advice for my Husband (Needs to drive to work)

[Dolymixture2046]

Good Afternoon,

My Husband was pulled over for drink driving after driving around 250metres home from a bar. He was breathalised and the reading was 99.
Its his first offence, and a one off. He drives to work on a daily basis. This takes him around 35 minutes by car, by public transport he is looking at around 2 hours made up of numerous buses and trains. His job demands long hours (often working 7am-8pm) so the additional journey time is likely to cause him significant problems with work, is there any hope of avoiding a driving ban?

Thank you in advance for any help you are able to provide. Court Date is 20th Nov 2017.

 

[SeanJoyceStephensons]

Drink driving is an offence that carries a mandatory disqualification, meaning that no amount of mitigation relating to his background and impact on employment or otherwise will allow the court to decide not to impose a ban. There is a mandatory ban of a minimum of 12 months and a reading of 99 means the ban will likely start at 23 months and go to as much as 28 months together with a community order. The only ways in which a ban can be avoided are if there is a potential defence or if there is a special reason relating to the circumstances of the offence whereby the court could then use their discretion not to impose a ban. In this case the special reason to be advanced would be that of shortness of distance driven. The authority in this area clearly outlines the criteria that would be considered by the court, namely:

1. How far was the vehicle driven?
2. In what manner was the vehicle driven?
3. What was the state of the vehicle?
4. Whether there was an intention to drive any further?
5. What were the road and traffic conditions at the time?
6. What were the reasons for the car being driven?

The court would also consider the level of alcohol detected in the breath and a reading of 99µg of alcohol per 100ml of breath would mean that it would be more difficult to persuade the court to allow special reasons. That is a high reading. It is worth speaking with a specialist in more detail to consider the circumstances of the offence and any potential technical defences that may exist. You can contact a specialist on 01942 774061.