Advice please - unfamiliar situation

Convicted Driver Insurance

worriedmum

New Member
I originally posted this on the 'Legal Advice' forum but as I haven't had a reply there I thought I'd post it here as well as time is ticking by.

My 27 year old daughter was arrested at 01.30 on 30/1/11 for drink driving after hitting a street sign in her car. She had been out for the evening and was the last of her group to go home. She tried to get a taxi but couldn't. Normally she would have called me to pick her up but as I was babysitting I wouldn't have been able to go out so she unfortunately decided to drive home, which is totally out of character as she is usually the one who gives lifts to others as she is happy to not drink. When she had the accident she drove round the corner but as the car was making a noise she got out to see what the damage was. Some police officers were up the road talking to somebody else and saw her get out of the car, came over to see what the problem was and breathalysed her. She failed the test with a reading of 77. She was taken to the police station where they took another breath sample and at 03.00 she was allowed to phone me to tell me what had happened. She was very upset on the phone so I spoke to the officer and asked if I could pick her up. They said that I couldn't as she needed to be interviewed and that couldn't happen until her alcohol reading was below the legal limit. She was detained overnight and released at about 10.45 am.

She has no previous convictions and a clean driving licence. She has undergone a random breath test in the past which proved negative. She is a single mum. She works 21 hours a week to fit in with school times and although work is only 3 miles away losing her licence would mean she has to reduce her working hours (if her employer agrees) to have time to walk her daughter to school, bus or walk to work and then leave in time to collect her again.

Not being familiar with legal procedures please could you tell me if correct procedure was followed and what she should expect when she goes to court on 17 February?

Thanks for reading.
 
Hi,

Your daughter is looking at a ban and that is definate. What was her reading on the charge sheet? Using that you can get a rough idea of her sentence using the guidelines.

hope this helps a little.
 
Hi Worried Mum,

From what I have read in your original post, it would certainly appear that your daughter was charged with a breath reading above 50. I know this because she is due in court so quick after the arrest. So based on that I predict, she her breath reading would have been lower than the time of arrest at roadside, but higher than required to offer her a blood test. So it would certainly appear the police have followed procedure.

Her reading based on my guess work would equate to a 12-16 month driving Ban and a Fine. There is absolutly nothing you can do to avoid this. The court will have to punish her. Unless you can indeed find a flaw in how the police acted that night. But that will take a highly powerful and probaly very expensive solicitor. The court will have to be seen doing something about it. It is very very rare a drink driver of our status get away with it once being charged. Only celebrities seem to afford this luxury (alledgedly).

The best thing your Daughter can do is prepare for the loss of her licence. You as Family and her Friends are going to have to rally round and help her as best you all can.

Take my advice, Get her some good character refrences from doctor, priest, work (if they will do one for her) etc, or someone in a position of power. She should also write a letter to the magistrates explaining her remorse and how sorry she is and how she is prepared to accept the consequences of her actions. I did all of this on my court appearance. And I pleaded Guilty at the first opportunity, mainly because I was, and court like people who don't mess them around.

At court, she has two options, 1, hire her own solicitor if she can afford one and get him/her to reprensent her at court or 2, Get to court early enough on the day to spend 10 mins with the duty solicitor who if not too busy will also speak for her in court. Again I opted for the duty solicitor, and she spoke for me in court as she could tell I would just crack up standing infront of the magistrates. Dress smart, be on time and be polite.

Upon conviction which will be a ban, and a fine, they should offer her a chance to reduce the ban by 25% upon completion of an alcohol awareness course to be completed during her ban. She will not be going to prison. I recommend she attends this course, although it is extra cost at her expense but will be the difference of at least 3-4 months of her getting her licence back.

My own personal experience to give you an idea is as follows

Arrested 10th April 2010- Blew 69 roadside. Then blew 2 further readings of 51 and 49 in the cop shop. 49 got me a blood test. Bailed until 8th May 2010. Charged 8th May, blood reading 92. Court 20th May 2010. Banned for 1 year and fined £270. Ban reduced to 9 months upon completion of course. Course cost me £175 and I completed within the time requirements. Driving licence reapplied and cost me another £65. Driving licence returned to me. Can start driving on 20th Feb 2011. Insurance has gone up a bit too. But I don't care, I am just itching to get back behind the wheel again. I wont make this mistake again.

The rest of it is down to you and your daughter and her friends and family. It is going to be hard, and people will have differing opinions on what she did, but at the end of the day people generally rally round in situations like this. She is not the 1st and wont be the last to get convicted of drink driving. Some people do it all their life and get away with it, others get caught and pay the price. Rightly so. However, it could have been alot worse, if she had of hurt somebody, but she didn't. So she has to hold her head and hands up, and now just get on with it. Ask for help from friend and family and anyone who offers. And in 9-12 months when she back on the road, remember all those who helped her through this period of her life.

Anything else you would like advice on in terms of court, and what to expect, I am here for you guys.

Take care, and keep strong as a family, you will get through this.

Kind Regards

The Village Idiot.
 
Hi Village Idiot!

Thanks very much for taking the time to reply.

Unfortunately I think she may be looking at a 17 - 22 month ban. She is getting a character reference from her employer and I've suggested she writes a letter to the magistrates. I'm wondering whether it would be of any benefit to write one myself? She can't afford a solicitor so she will try and speak to the duty solicitor.

She is extremely regretful for making the decision to drive home that night and prepared to accept the consequences. She just wants to get it over with so she knows what she has to deal with and get on with her life (as do I - then maybe I can get some sleep!).

She does have my support - I believe anyone is capable of making a foolish decision - but I have told her that she won't have it if she ever does it again! I honestly don't believe she will as it truly is totally out of character. After all the decision to drive was made under the influence of alcohol! The whole experience of being arrested, spending the night in a police cell and the impending court appearance has really shaken her.

Thanks again and drive safely ;)
 
Hi again Worriedmum,

A short reply this time!!, I believe that if you also write a letter of compassion to the magistrates it can only be seen as a good thing. I would encourage you to do so. Anything that is going to help your daughter receive the minimum ban and smallest fine is going to be a blessing.

Anyway, did you see in my last post to you about celebs, being a law unto themselves, today I have just read that Paul Gascoigne has had a charge of drink driving dropped against him by the CPS, because a mystery witness came forward. Un believable. And a famous cricketer from the current England squad will no doubt be the next one to get away with it very soon. I am not bitter, honestly!!!

So good luck for the future, and if you are willing too, please post on here how your daughter gets on in court.

All the best,

The Village Idiot.
 
Re: Advice please - unfamiliar situation - updated

Court today.......

We managed to speak to the duty solicitor on arrival who was very helpful and managed to speak for my daughter in court.

She was give an 18 month ban, which will be reduced by 19 weeks as she was given the option of taking the drink driving rehabilitation course, and a total fine of £280.

Glad it's all over and we can now get on with our lives (and maybe get some sleep).

She'll get her licence back in April next year. Meanwhile I will be wearing my taxi driver's hat!
 
Hi Worriedmum,

Thanks for posting your daughters outcome on this forum.

Good luck to you your daughter and your family for the next 14 months, and fair play to you for "putting on your taxi drivers hat" too. You are a great mum.

All the best, and keep popping in from time to time because you will be an expert on drink driving advice before you know it, and believe me there is hardly a day goes by that somebody new, who has made the mistake and got caught, ends up here on this site looking for advice. We have all been there.

Best Wishes,

TVI
 
Hi TVI - Just wondering if you could give me some advice on the letter front? I would like to write a letter to the magistrates and was wondering if I write this letter and send it before my hearing? I'm due in court in two weeks time (I was arrested over the weekend - blew 54, was fully co-operative, although very upset and spent the whole night in my cell crying - not realy sure if this may go against me - as I did bug the police a few times whilst in my cell wanting to go home - but I think they could clearly see I was just very upset).

I would also like to obtain a few character references and was wondering if I could get a reference from a family member - who is a police Sargeant - he's an uncle not blood related - through marriage.

Many thanks in advance
 
I too could do with advice on this. As I'v not told many people i only have friends of family members to obtain character references off, will it be worth it. The letter i am planning on writing should i take that witrh me on the day or send it before hand and what kind of stuff should i put it in it? who do i address it to? Any help on this would also be beneficial to me. Sorry for butting in on your posr luckyme. Thanks
 
No probs sl8 - its all so confusing to me! I've got so many questions and as it's a weekend can't contact solicitors and still uncertain as to whether I should instruct a solicitor!
 
Hi Guys,

I am not a solicitor, nut can and will try my best to help you out.

I have just replied on one of your other threads luckyme.

Regards,

TVI
 
Thanks TVI - so glad I found this forum and it's nice to know that there are helpful people out there who have been through/going through the same thing :)
 
Good luck to you your daughter and your family for the next 14 months, and fair play to you for "putting on your taxi drivers hat" too. You are a great mum.

Thanks, TVI for your kind words and your previous advice. You sound like a really nice person (which goes to show that anybody is capable of making a regrettable decision).

I will certainly pop back from time to time. I have found this whole website of great help and comfort.

Take care yourself and enjoy having your licence back.
 
wonder if anyone can help me just sent my d1 form off after getting my ban reduced by 7 months by the court am a HRO so will have to under go a medical just wondering if fromwhen i can drive again post back thanks ?:confused:
 
Paul you should probably start a new thread for a new question so that people will see it. But to answer what I think you're asking, try ringing the DVLA to get the date, I did this a few days ago and they were very helpful.
 
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