my moronic incident - Crash, no insurance, 97mg

Convicted Driver Insurance

jim_brez

Member
2 days ago I made the idiotic decision to drive to the 24 hour garage to get ciggies at around 6am after coming back home from a night out at approx 1am.

On the way back, i lost complete control of the car after hitting a curb on the dual carridgeway where i managed to spin into the grassbank on the side of the road where, sadly, a man going to work hit into me just before i went into the ditch.

Thank god, there was no injuries, the fellow in the van managed to slow down enough to only manage a bump on his vehicle - my car however, was a write off.

I was breathalised at the scene where I blew a reading of 97.

I have also been having an ongoing battle wit my insurance company for overcharging me and have now found out i was uninsured as of 30 days ago.

I have been charged of of driving a vehicle under the influence and possesing no insurance.

I am totally prepared to pay my debt to society as I am totally disgusted with myself - I would just like some advice on my possible sentance as if it is custody I will more than likeley lose my business as I have no one to run it.

I will also be sending a gift hamper to the bloke in question - doesn't really make up for the stress I must have caused him but it's the least I can do.

Thanks in advance for any advice, It's very much appreciated.
 
Sorry if I have read it wrongly, or misunderstood -

But the person you hit, was he a pedestrian or driving a vehicle?
Either way I think compensation will have to be paid.

I had a reading of 84 (Lowest) and received 20 month ban reduced to 15 by the course and a fine of £375. However, I didnt have any aggravating factors.

I'm thinking you won't get custody (First offence?) Pretty certain you won't - however you may have to do a community service.

Ban - you will be looking at around 20 months +

(Just to clarify as well - this is just my opinion.)
 
Thanks for the reply,

The bloke was driving a van and yes this would be my first offence.

Just now got my car scrapped, very embaressing.

After reading a few of the other stories i hope I don't get a custodial sentance, there are quite a few worse stories on here but sadly the end results are hardly ever posted.

The arresting officer told me that the man in the van that I collided with was suffering from some harsh whiplash apparently.

Going to read some more stories on the forum to see what I may be in for.

Thanks again :)
 
My blood reading was 176 which is a bit under your reading but not that much. I also had no insurance.
I had bought insurance online, got the cover note and sent off the proof of no claims etc. I never heard anything back so assumed all was ok.
I had been out at a meal with work, had a few drinks but foolishly felt I was under limit and drove home about 10pm. I heard a noise from the back of my car which sounded like the exhaust had dropped off or something and pulled over to check (it wasn't that by the way, ended up a stupid heat guard had dropped). The police pulled in behind me and that was that, breathalysed, failed, taken to police station, had to give a blood sample as asthamtic and couldnt give breath sample.
I got a producer for my insurance, went to print it off from online but it wasnt there. I called the insurance company who advised my policy had been cancelled and they had sent me a recorded letter to notify. I argued point blank with them that nothing had been received and asked them to provide proof that it had been signed for. They ignored my letter and my solicitors and so I went with to try and explain to police within the 7 days. I was charged with no insurance.
I went to court and pleaded guilty. I had no other convinctions/offences and got a £300 fine and 12 month ban (with option to reduce). I got a further £300 fine for no insurance but never got points or anything.
Overall, it was better that I expected and although a £600 fine was hefty it could have been so much worse.

I hope this helps.
 
Hi,

With that sort of reading your looking at a 24 month ban reduced to 18 months with the course (if you get offered it, which you most likely will) and a community service order.

The fact you crashed and had no insurance are aggro factors and this could and most likely will push up the length of your inpending ban -be prepared for that.

As far as going to prison, that is a possibility but seeing as stated you have not pervious and no one was hurt i would think that is very unlikely, but a suspended sentence is possible. You could deal with that anyway if you get one.

I blew 94 and got 24 months and a fine (18 now have done the course). I consider myself lucky not to have had community service and i put that down to the fact i got myself a good brief, showed up in court with charecter references, in a suit and looking nice and tidy. I would suggest you do the same in this instance.

Good luck, i doubt very much you'll get prison.
 
Hey, I was given a 3 year ban and fined £350, second offence in 10 years. My Solicitor talked about custodial sentence, big fines and up to a 5 year ban. I went to court expecting the worse and assuring myself I deserved all I got but was surprised as was the Solicitor of the minimum sentence, he said it was a 'good result'.

Reading the stories on the forum does frighten you but hoping the Magistrate wont come down hard on you, it mite be worth while mentioning mitigating factors, depression, break up of relationship etc...

Good Luck.
 
Thanks for the replies folks, its very comforting at this moment in time as I have still not told any of my close relatives as I am too ashamed of myself.

Tomorrow I will be getting a solicitor and attending a local Alcoholics Anonymous meeting with the intention of going tee-total and cleaning up my act.

After reading the advice papers on attending court i was handed in the police station, they stated I could visit the magistrates court and arrange a solicitor there - is this a good idea or should I seek a private firm?

Thanks again - I've just turned 23 and have no idea on court procedures/solicitors and too ashamed to ask advice from my family members.
 
You can use the duty solicitor at court on the day, but his / her time is extremely limited and there is no guarantee that that will be able to speak on your behalf when your case is called. It is certain that their time to prepare for your case will be minimal if not negligible.

Given your reading and aggravating circumstances, now is not the time to mess about trying to save a few quid, if you want the best representation.
 
Jim Brez

Thank your lucky stars you're still here to tell the tale. If this doesn't teach you a lesson, nothing will...:rolleyes:

Tell your relatives and your closest friends. You'll be surprised how understanding people are if they genuinely care for you.

Go for a duty solicitor. It won't cost you anything and their representation is as good as any. When you go to court, bring character references (from current employer or tutor, but not your family) - they do help. Anything to prove that you're of good character and people who know you are happy to vouch for you (again - not family, cos they're meant to be biased). It'll make no difference to your defence whether you've send the bloke who you collided with a hamper or not, so don't even bother mentioning it when in court. Then again, you may get a character reference from him, so there's a thought? ;)

You're not going to jail. It's your first offence, you're young and full of remorse. Be prepared for community service and fines.
My bet is you'll be banned for approx 24-30 months because you've had an accident and no insurance.

Don't go overboard joining AA unless you really think you have a drink problem.

Good luck!
 
My Solicitor charged £120.00, he managed to get me a late sitting so as to avoid the press so i didnt get a mention in the local rags !!

I felt the same, I will never drink again, clean myself up etc but lifes too short, it was a bad error of judgement and the shame / disgust will pass in time.

Make sure the Solicitor requests that you wish to participate in the Drink Drive Course (I took it the first time but not allowed to do it again, you meet others in the same position and its interesting to hear their stories)

When I appeared before the magistrate, I wasnt even looked at by the Magistrate, Prosecutor, I was just another case on a very busy day, I was out in 10 minutes.

I am now in the 14th day of my ban, only over 1000 days to go !!

Good Luck.
 
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Quick Update:

Court today, got myself a good solicitor about a week ago - really faught for my case - braught up my battle with the insurance company and the fact i actually lost the value of my car to get the courts sympathy

Ended up with a 24 month ban and a £300 fine - also turned out my reading was 119 at the roadside so i am definatley pleased with the end result. :)
 
Hey Jim, a good result. Am sure you are a very relieved man.

Sometimes its the days after we get caught that makes us realise what idiots we have been. Its an expensive lesson to learn.

Did you get to attend the DD Course also !!
 
Not long now!!

For anyone still reading, Life isn't all bad when you are banned. I did a lot of reading and managed to make money online and use it to invest in stocks and shares while working from home

The guilt and the shame does subside but what is still clear with me, is to never make that mistake again

The only thing that really bothers me now is that it will be a good 5 years before i can get a tidy car due to the insurance (£8,000+ for a tidy car) (£2,500 for a 1.6 litre ford escort that costs about 400 quid) My personal point of view is that someone that has served a 2 year ban is far less likley to drink drive than someone who hasn't, but alas that is not for me to decide

Anyhow, Good luck to everyone and stay positive :)
 
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