advice please!

[gz023247]

I really need some desperate advice regarding a drink driving incident. I lost my licence back in 2001 for drink driving, I had recently lost my mum and things were tough, though that is no excuse.

Anyhow January of this year I got my license back after doing the theory test, hazzard perception test and passing an extended driving exam. This meant a great deal as my son had recently gone into a wheelchair and this now allowed me to drive him around in the disabled vehicle.

Last week I met up with a friend after work and had 2 pints of larger. On the way back to my flat I was pulled over by the police and failed a road breath test. At the station after blowing into the machine I was charged with drink driving due to having a reading of 54 mgs. I could not believe I was over the limit. I thought I had been careful and within the limit.

I am now due in court second week of January and am beyond myself with worry. I am concerned that I may be sent to jail with this been my second offence within 8 years. Spoke with some free phone solicitors who have advised this cant be ruled out

Can anyone advise please? I also live in Scotland, and I believe different rules apply.

 

[mike1960]

Don't know if this applies to Scotland.

 

[gz023247]

Many thanks for your reply Mike. I have been in touch with a law traffic solicitor today in Scotland regarding my case. I explained that even though from researching the internet it would suggest that being sent to prison would be unlikely it is still a concern to me.

He advsed that having him represent me would be a way of trying to ensure this did not happen and that he would focus on the 3 year ban (due to 2 drink drive offences within an 8 year period).

He also advised for me to sell the car prior to court case so that they could not request for my car to be taken off me as a way of using me as an example, this concerned me further as even though I have he intention to sell the car I was hoping to hold onto it up to the time of the case so I had a means to see my disabled son.

He also advised that the costs for his services would be £1,000 + vat, of which £500 would be needed prior to the court date and then the further outstanding payment after the court date. This would have to be paid in cash or cheque as no credit card payments allowed.

This is a further worry as I simply don't have £1,000 in cash lying around. I am unsure if the statement of saying its his job to keep me out of prison is a scare tactic to ensure I use his services and pay the money suggested.

I feel completely lost with this and would be grateful for peoples thoughts on this, ie is the likelyhood of prison on the cards?? and what your thoughts are on the costing of the services.

Many thanks in advance.

 

[mike1960]

Hi

Sorry but I'm just another crim whose got another 84 days to go before I get my license back - so any advice from me is worthless

I would have thought though that the statutory minimum ban would apply and a fine would be appropriate.

I would bet my last 190 odd days wages (not much btw) that there is no chance of you going to the big house. Have you watched the news lately?

 

[gz023247]

Hi Mike,

Well we can be crims together eh! It's wierd to think that you are tagged in the same light as someone who would rob a house or even kill somone for that matter......scary all for the sake of 2 pints

Anyhow mate, not sure what you are trying to direct me to reference to the tv watching?? Is there something I should be picking up here?? All I know is that they have been going on about clamping down for xmas with drink driving and also in Scotland a new law allows them to take your car of you now if convicted with a drink offence twice in 5 years.

 

[mike1960]

Sorry, I just meant that no one seems to get banged up these days.

Except of course those filthy scum who put their wheelie bins out 15 minutes earlier than the local council apparatchik has arbitrarily decreed the correct time.

Sentences are increased exponentially for ladies over the age of 75.

 

[gz023247]

Ok well the dreaded day is now over and done with. I was given a fine of £450 that was reduced to £300 and a 3 year ban with an offer of reducing it by 25% to 2 years and 3 months if I do a drink awareness course.

The main thing is I never got banged up which is what I was worried about most. I have to say the solicitor at the court was really good and further to that never cost me anything which I am very happy with as other solicitors were looking for like up to £1,000 to represent me etc.

One thing I am confused with though. Firstly no points were awarded onto my license which I was pleased about and no community service which I am grateful for. Nothing was mentioned regarding me having to resit my test etc when the ban expired. I have looked on the net and see I will need to take a medical, but I can't get anything black and white confirming if I do or don't need to take another test to get my licence back after the ban.

I spoke with work collegue who's dad is a judge or something and he advised her that I would just apply for my licence back at the end of the ban period with no re-test needing to be done.

Can anyone advise me please?
Also anyone want to buy a car lol!!