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Thread: Drink driving & dangerous driving

  1. #1
    Jennyrai is offline Member
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    Default Drink driving & dangerous driving

    Dangerous driving with 75/100. S38(1)/1984.What should i explect please?it is the first time.thank you verry much for your answers
    Last edited by Forum Moderator; 04-18-2018 at 12:42 PM.


  2. #2
    price1367 is offline TTC Group Associate Director
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    Default Re: Drink driving & dangerous driving

    It will depend on several factors. What was the alleged dangerous driving? Was there an accident? Collision?
    just for the drink driving, with a reading of 75 you can expect a 17-22 month ban. Dangerous driving as well could see it at the top of that scale or even into the 23-28 month scale.
    Your main concern will be where the case is heard. Drink driving can only be heard in the magistrates court. Dangerous driving introduces the possibility that your case could be heard in the Crown Court and this could mean a much more serious outcome, including up to 2 years in prison, and unlimited fine and an extended test before you are allowed back on the road.
    i would strongly suggest that you get yourself a solicitor straight away. It may be that the solicitor could make representations for the dangerous driving, if not too bad, be dropped and the circumstances just incorporated into the drink driving charge alone. This would be the best way of minimising your punishment, but it is not something that you can really do yourself. Get expert help.
    Also, can I clarify what you mean by S38(1) 84? That does not relate to drink driving or dangerous driving. Is there another offence?
    Last edited by Forum Moderator; 04-18-2018 at 12:42 PM.

  3. #3
    Jennyrai is offline Member
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    Default Re: Drink driving & dangerous driving

    No accidents...they considered dangerous driving because of a tyre which get exploded..i was trying to get out of the motorway when the police stooped me.in the report says that i hade the right signal on before they stopped me.

  4. #4
    Jennyrai is offline Member
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    Default Re: Drink driving & dangerous driving

    And it is at the Magistrates Court

  5. #5
    price1367 is offline TTC Group Associate Director
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    Default Re: Drink driving & dangerous driving

    The cases always start at the Magistrates court, even murder! The question is, will it be dealt with there.... you can elect trial at Crown Court or the CPS, if they feel that the case is serious enough, can ask for it to be tried at the Crown Court.
    i would suspect that CPS would be happy for a case like yours to be dealt with at the Magistrates court.
    It depends as to how far you drove, in what lane and at what speed on a flat tyre. There could certainly be a case made out for dangerous driving if your tyre was shredded and you drove any more than a minimal distance to get to the hard shoulder or an exit.
    As I said before, your best bet is to get a solicitor to try to have the dangerous driving dropped and the court to be told about the tyre as an aggravating circumstance of the drink driving.
    You could ask the duty solicitor at court on the morning of the case, you would qualify to speak to him / her and have representation in court free as dangerous driving carries a risk of custody, but that would not give much time for the consultation process to take place,

  6. #6
    Jennyrai is offline Member
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    Default Re: Drink driving & dangerous driving

    S38(1) Police and Criminal act 1984 what i was saying..and i will definetly get a solicitor

  7. #7
    price1367 is offline TTC Group Associate Director
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    Default Re: Drink driving & dangerous driving

    S38 (1) PACE relates to bailing a person, not to an offence.

  8. #8
    Jennyrai is offline Member
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    Default Re: Drink driving & dangerous driving

    What that actually means,can you explain me please?

  9. #9
    price1367 is offline TTC Group Associate Director
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    Default Re: Drink driving & dangerous driving

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    Ok, when you first posted, it looked like you were saying you had 3 charges,.... drink driving, dangerous driving and s38(1) 84. I didnít know what you meant by the 3rd one, but then you said it was S38 (1) Police and Criminal Evidence Act 1984.I am pointing out that this refers to the fact that the police have released you on bail, it is not a separate charge, so you only face 2 charges......

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