Is the One Year Minimum Ban Ever NOT Given?

[midnight]

My partner was arrrested a few nights ago for DD after someone reported seeing him coming out a pub and driving (the police actually told him that had they not received the call they would never, based on his driving, had stopped him). His breath test (at the station) gave a reading of 67 (the first one of 70). Anyway, he has to go to court on the 9th and obviously has no choice but to plead guilty.

My question is, based on the fact that my partner is the only driver in our household, that we have a severely disabled daughter who cannot use public transport, and that my partner relies on driving to make a living, does anyone believe that there's ANY chance that he won't get the 'mandatory' ban (I've been reading conflicting things on the net, some saying it is indeed 'mandatory', others saying that there can be some discretion involved)? I don't know whether this makes things worse or better, but he's only had his UK driving license for just under a year. He has, however, held a US driving license for some 35 years and is a former school bus and lorry driver with a perfect (US) driving history.

Also, would anyone be able to give us some idea of the kind of fine he can expect, bearing in mind that his self-employed income is no more than 50-100 pounds a week (low because we're both needed at home to look after our daughter).

Any help much appreciated, thanks.

J.

 

[liverpool-paul]

My partner was arrrested a few nights ago for DD after someone reported seeing him coming out a pub and driving (the police actually told him that had they not received the call they would never, based on his driving, had stopped him). His breath test (at the station) gave a reading of 67 (the first one of 70). Anyway, he has to go to court on the 9th and obviously has no choice but to plead guilty.

My question is, based on the fact that my partner is the only driver in our household, that we have a severely disabled daughter who cannot use public transport, and that my partner relies on driving to make a living, does anyone believe that there's ANY chance that he won't get the 'mandatory' ban (I've been reading conflicting things on the net, some saying it is indeed 'mandatory', others saying that there can be some discretion involved)? I don't know whether this makes things worse or better, but he's only had his UK driving license for just under a year. He has, however, held a US driving license for some 35 years and is a former school bus and lorry driver with a perfect (US) driving history.

Also, would anyone be able to give us some idea of the kind of fine he can expect, bearing in mind that his self-employed income is no more than 50-100 pounds a week (low because we're both needed at home to look after our daughter).

Any help much appreciated, thanks.

J.

im afraid to say that whatever your personel circumstances are, that a drink driving ban of at least a year will be implied..

 

[Forum Moderator]

My partner was arrrested a few nights ago for DD after someone reported seeing him coming out a pub and driving (the police actually told him that had they not received the call they would never, based on his driving, had stopped him). His breath test (at the station) gave a reading of 67 (the first one of 70). Anyway, he has to go to court on the 9th and obviously has no choice but to plead guilty.

My question is, based on the fact that my partner is the only driver in our household, that we have a severely disabled daughter who cannot use public transport, and that my partner relies on driving to make a living, does anyone believe that there's ANY chance that he won't get the 'mandatory' ban (I've been reading conflicting things on the net, some saying it is indeed 'mandatory', others saying that there can be some discretion involved)? I don't know whether this makes things worse or better, but he's only had his UK driving license for just under a year. He has, however, held a US driving license for some 35 years and is a former school bus and lorry driver with a perfect (US) driving history.

Also, would anyone be able to give us some idea of the kind of fine he can expect, bearing in mind that his self-employed income is no more than 50-100 pounds a week (low because we're both needed at home to look after our daughter).

Any help much appreciated, thanks.

J.

Hi,

The 12 month driving ban is indeed mandatory in most cases. The only (and very rare) exceptions are when a person was driving over the legal prescribed limit under special circumstances such as an urgent matter of life or death and/or personal safety. In cases like this, the courts have the power to and may decide not to impose a driving ban due to the circumstances involved.

It does not matter what a persons personal circumstances are, or how much of a hardship losing their driving license will cause, a minimum driving ban of 12 months is mandatory when someone is found guilty of driving with excess alcohol, except maybe under the very rare circumstances where 'special reasons' exist.

As for what fine to expect, please see this thread.

 

[midnight]

Many thanks for the responses. We've finally accepted the fact that the ban will indeed be at least a year. We're hoping though that our personal circumstances will mean that it's not longer.

I do have another question though. If someone is detained on a DD charge, responds yes when asked if they would like to speak to a solicitor but never actually gets to see one/speak to one, does it in any way make the case against them somewhat suspect? Also, is it standard procedure to not take a statement from someone charged with DD? I don't want to go into too many details but it does 'seem', from what we've been told, that something is slightly amiss in terms of the way that my partner was treated whilst at the station.

Any help much appreciated.

 

[SeanJoyceStephensons]

In order to clarify the concerns that you have raised I can advise that the minimum ban is 12 months. However, magistrates follow sentencing guidelines and the guideline ban suggested for the reading in question is between 17 - 22 months. I am afraid the only way of standing a chance of getting the ban reduced to the minimum 12 month period is to instruct a good motoring lawyer. We have a proven track record of securing damage limitation and keeping disqualifications to minimum in these situations. We are able to work on a fixed fee basis.

There is no defence if you were not permitted to speak to a solicitor at the police station. In any event you provided a specimen of breath for analysis and such an argument could only realistically be put forward where someone has failed to provide breath.

 

[midnight]

Planning to Appeal

As for what fine to expect, please see this thread.

Well, in my partner's case the guidelines were definitely not adhered to. As well as an 18-month ban, - which in itself was rather harsh, we feel, taking into account his 35-year clean driving history and the fact that there were no aggravating circumstances etc. - he was ordered to pay a fine of 360 pounds. This, in spite of the fact that his only work-related income is just 200 per month (if that), as is mine, our only other income being Working Tax Credit and the Carer's Allowance I receive for looking after my daughter, neither of which, if I've understood things correctly, should be taken into account. So, given that the maximum 'Band C' fine should only be 175% of his weekly income, then the maximum fine in this case should have been only 175 pounds. Correct?

Anyway, we're going to appeal as a matter or principle as we definitely feel there was some kind of bias at play here, as does our solicitor. Which leads me to my next question - has anyone appealed and succeeded in having the length of the ban/size of the fine reduced?

Thanks in advance for any help.

 

[liverpool-paul]

Re: Planning to Appeal

Well, in my partner's case the guidelines were definitely not adhered to. As well as an 18-month ban, - which in itself was rather harsh, we feel, taking into account his 35-year clean driving history and the fact that there were no aggravating circumstances etc. - he was ordered to pay a fine of 360 pounds. This, in spite of the fact that his only work-related income is just 200 per month (if that), as is mine, our only other income being Working Tax Credit and the Carer's Allowance I receive for looking after my daughter, neither of which, if I've understood things correctly, should be taken into account. So, given that the maximum 'Band C' fine should only be 175% of his weekly income, then the maximum fine in this case should have been only 175 pounds. Correct?

Anyway, we're going to appeal as a matter or principle as we definitely feel there was some kind of bias at play here, as does our solicitor. Which leads me to my next question - has anyone appealed and succeeded in having the length of the ban/size of the fine reduced?

Thanks in advance for any help.

i am afraid to say that the ban is not harsh..drink driving is one of the most serious road offences that you can have put against you..get over this appeal for this or that scenario..no matter what circumstances you are under you have broken the law( everybody who gets caught has circumstances as to which they would not want to lose their license!!!) ..except it like thousands of others!!!!!!

 

[Forum Moderator]

Keep in mind that the courts have the power to increase the sentence given as well as decrease it.