Repeat dr10s

Convicted Driver Insurance

bad past

Member
hi ... i hope someone may be able to help me with this...In 2010, i got done for drink driving,i got a 11 month ban,fined, and went on the drink drive course and reduced my ban.Now i have just been cought drunk in charge (reading 82 breath)which i have pleaded guilty to..I am in court in 2 weeks and still looking for a solicitor.
iv looked at all the "what sentance i may get" sites and they all seem to say the same.... 3 year ban and fine plus medical BUT....If you go back years.. past 30 years there are 3 or 4 other dr10sfrom the 80s on.. Can the court take these into concideration ????
im askink this as when my wife phoned the police station , they told her i was going to jail.. many thanks


 
You have had this answered in the 'ask a solicitor' thread. That advice it correct.
What are the circumstances of you being caught 'in charge'? There may be a defence to put forward on 'not likely to drive whilst still over the legal limit.'
 
You are not going to be going to prison for this. My question about the circumstances was because you may have a defence available, so no punishment at all, not just the risk of prison. What happened?
 
hi, thank you for that... i dont think iv got any defence.. iv already pleaded guilty..( got drunk, fell asleep, woke by police..) the wife found out id been arrested and called the police station. She asked what would happen to me and they said jail..... we been trying for a baby for 10 years, ivf, the lot, but shes now 11 weeks pregnant(all my doing, between ivf courses).. i was the happest man alive, till we fell out and i thought id blown it. maybe i have,,(we still working on it) The stress shes going through is really worrying me...she terrified of me going to jail,losing my job.... just when we thought we had it all..
 
bad past, let me be more specific in my question. Where was your car when you were found? How close to your house was it? What time was it? When were you due to be driving next... for work or anything else?
 
i was in a carpark... i was a 15 min walk from my sisters where i was going when i fell asleep..the car had been there since 7pm the night before,arrested 11.50am the next day.. (me drinking in that time)
aa man called police and said he had seen me start, and rev car, and drink vodka..i cannot remember doing this, but with the high reading it sounds possible...
i stated all along that no way would i have driven the car.. as i had so much to lose..
how likley does jail look.. thank you..
 
well, im not going to take the silence as a case of "no news is good news"...:( thank you for your help and advice.Ill let you know how i get on.. thank you..
 
Sorry, silence was because of working away.....
All the police have to do is to show that you were in charge of the vehicle on a road or public place, and that you were unfit to drive or that you were over the prescribed limit. That seems to all be present in your case.
YOU can then plead not guilty on the basis that you were not likely to drive the vehicle whilst still over the limit. You could not just say "there is no way I would have driven while over the limit." You have to produce one evidence of your likely movements over the next few hours and expect to be questioned in court about your work times etc.
You would also have to get a 'technical defence' form filled in by an expert who would need to know your height weight etc and how much you say you drank, and when. From that he would produce an estimate as to how long it would take for you to become under the legal limit. This costs in the region of £300 and it is served on the prosecution who can either: accept it, and discontinue the case or dispute it no get their own technical defence expert to counter what has been said in your report. Now it can get messy..... if they both have to go to court to give evidence and you lose, the £800 fee each would be claimed against you. If you win, you might still have to pay a large part of your defence costs, Drink driving or in charge offences are not normally covered by legal aid.
the other option is to plead guilty to 'in charge' but put forward mitigation about the circumstances and how you felt that you wouldn't have driven whilst over the limit.... evidence of good character and (if relevant) a letter from your employer saying how you would lose your job if disqualified. The magistrates are entitled to NOT disqualify you for an 'in charge' offence, it is discretionary. BUT if they decide to not ban you, you will get 10 points instead. If you already have 3 points or more on your licence, you still might get banned for 'totting up' for reaching 12 points.
You may be able to get advice on this at court from the Duty Solicitor if you get there early. This is dependent on how busy the court is as they tent to focus on the more serious offences if there are some tomorrow. The advice will only be brief, but it is free. I just want you to be aware of the financial implications of going not guilty as this sometimes can get lost in the 'enthusiastic optimism' that some solicitors give out. (Not Sean on here, he is a specialist and up front about all their costs)
 
hi... just to let you know what happened.i was the first in court,i only spoke to my lawer for 10 mins, but he was fantastic.He stated that i had so much to lose by drink/driving,and as the car was on cctv for 16 hours without moving (with me in the car most of the time) i would have walked to my sisters, sooner or latter ... i did not get a ban, but 10 points ,,and a £615 fine (inc costs)
i feel i am a very,very lucky man
.The lawers fee was £200+vat.
many thank to all ...
 
That was a decent result for you, and the solicitors cost was very reasonable.
now you have to be careful with those 10 points on your licence for the next 3 years........
 
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