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Convicted Driver Insurance

Jaffa1975

Member
On Friday night I came home from djing a party... I had about 5 half’s of vodka... finished drinking about 2am.
The following day I decided I was going to take my dog out a trip to Loch Lomond.. I had some juice and food before I left the house.
I left the house about 12.30 afternoon and went on my merry way.. halfway down the motorway my car came to a sudden halt,
I tried in vain to restart my car to no avail.
Ten minutes later the Traffic cops came the back of me to assist me off the road, I was asked about the insurance on my vehicle to my total surprise as I thought I was totally fine on that, I had been on holiday the previous week and it turns out I didn’t have enough money in the account so it came back as non payment.
I was asked to join them in the back of the car.
As soon as I sat in the seat one of the officers told me he could smell alcohol on me and was gonna do a roadside breath test... my heart sank ?

I can’t remember what I blew at the side of the road.
I was taken back to the station, read my rights then brethalised.. I blew 35 and 36... limit up here is 22.
If I was from England I would have been ok.
I was stripped of my shorts shoes ect and shut in a cell for 5 hours.
I’m due up at court on the 10th of next month, I can honestly say I’m terrified as I’ve never been in trouble with the police before.
I hope and pray things go ok on the day, so worried ashamed and hollow feeling... it’s all my own doing and I know that.
I know I will get a fine and ban... and because I’m only a year on the road I will need to sit my tests again.
Worst feeling I’ve ever had.
Thanks for listening ☹️
 
There are no fixed guidelines for the length of Drink Drive disqualification in Scotland, although the minimum is the same as in England - 12 months.
This makes it important to submit as much mitigation as you can, and stress the impact on you, and especially others, that the ban will have. That will hopefully steer them to give you just 12 months.
Hopefully you will be offered the chance to attend a Drink Drive Rehabilitation course which will reduce your ban by up to 25%. If it it not mentioned in court, ask to be allowed to attend, as it cannot be offered after your case is finished.
Finally, unless the court orders it, you do not have to retake your test. If you get 6 points or more in the 2 years after you first pass a test to drive, then you have your licence revoked and you are back to a provisional one. BUT, drink driving has an automatic ban and NO points, so this does not apply and you get a full licence back when the ban is over.
 
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Hi price
I was at my lawyer yesterday.
He has noted on my charge sheet that I am being charged for road traffic act 5(1) b
With means I was in charge of a motor vehicle whilst under the influence... I don’t understand why this is the case, having said that the police never actually seen me driving, they came to assist me off the road as my car had broken down... but how else would I have got down the motorway without driving... lawyer said the court might decide to change it to a 5(1)a...what do you think the chances of this happening?
Also the other charge is for driving without insurance, the story behind that is I genuinely thought I was insured. I was abroad 2 weeks ago and the insurance company tried to take out a dd... from my partners account... she deals with all that stuff... there wasn’t enough money in the account so it came back as a non payment... I had no clue about this, if I did I wouldn’t be in this mess as I wouldn’t have drove not a chance!!!
My lawyer is going to try and get the pf to drop this charge..... what do you think?
Many thanks btw
 
How long you have passed your test does not matter. The rule of 6 points or more meaning a resit is just that, 6 points. Drink driving = no points.
you will just have to wait and see about the s5 (1)a or 5 (1)b. Fingers crossed they leave it as b because then a ban is discretionary, and the minimum ban is 6 months rather than 12 months. They have taken the lazy way out eat her than do the work to find evidence that you drove. Your solicitor needs to say as little as possible about the actual circumstances and concentrate on the mitigation, to deflect the magistrates from hearing about your manner of driving......
i am sympathetic to your circumstances about the no insurance, your problem is that it is an ‘absolute offence,’ you either have 8nsurance or you don’t. Because you are facing the prospect of disqualification though, the prosecutor might be sympathetic to drop the charge because it would carry no points anyway. That is what happens with points that should be awarded but the court appearance includes a disqualification.
you should get something in writing from your partner to confirm that the payments come from her account and she had not made you aware that the payment had not been made.
I thought that generally insurance companies gave notice in writing that a policy was being suspended for non payment?
 
Thanks for the advice price and, according to my lawyer a lot of insurance company’s do not inform you of the fact you’re insurance is null and void... unfortunately I’ve been stung.. and now live with regret and what ifs... I’ve been so stupid and finding things really tough just now.
 
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