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Thread: My story.....so far - 2 pints and over the limit!

  1. #11
    BT_Boy is offline Member
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    Default Re: My story.....so far - 2 pints and over the limit!

    Quote Originally Posted by latin View Post
    I've just been charged with being 'In charge of a vehicle and exceeding the alcool limit'. My vehicle was stationary (parked) with engine on and i was breathelized with 90 micrograms of alcohol in 100ml of breath.
    I only drove 800 yards and i was going to see my young daughter who wasn't well ( my wife and i are separated).
    I'm due to the court next week.
    I have a clean criminal record and have never offended before.
    What do i risk ?
    Hi, hope you are keeping well. I was 84mg of breath and I received a 20 month ban and a fine of £375. Hopefully a mod can clear this up but I think a reading of 90 classifies you as 'high risk' REMEMBER i'm not sure yet. So i'm guessing.

    It'll all be over soon and believe me you'll come out feeling a new person. I feel funnily enough a better person since I lost my license.


  2. #12
    Forum Moderator's Avatar
    Forum Moderator is offline Global Moderator
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    Default Re: My story.....so far - 2 pints and over the limit!

    Quote Originally Posted by MrSw9 View Post
    Thanks for the reply!

    So I will lose my licence if the blood test results are 80 or above?
    I may aswell face the fact that I will

    If I'm told I'm going lose my licence would there be absolutely anything that I could do to prevent it?
    If your blood test results show your were over the legal limit of 80 milligrams of alcohol per 100 millilitres of blood you will be charged and upon conviction of driving with excess alcohol there is a mandatory minimum 12 month disqualification. There is nothing you can do to prevent this. The only thing that you can do is take the drink driving rehabilitation course in order to reduce the length of any period of disqualification imposed.

    Quote Originally Posted by MrSw9 View Post
    I'm only 20, will I have to sit my test(s) all over again? I've had my licence for over 2 years ...
    Magistrates do have the discretion to order any person disqualified for a drink driving related offence to re-take their driving test, however in your case it is unlikely.
    Last edited by Forum Moderator; 12-29-2010 at 07:21 PM.

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  3. #13
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    Default Re: My story.....so far - 2 pints and over the limit!

    Quote Originally Posted by latin View Post
    I've just been charged with being 'In charge of a vehicle and exceeding the alcool limit'. My vehicle was stationary (parked) with engine on and i was breathelized with 90 micrograms of alcohol in 100ml of breath.
    I only drove 800 yards and i was going to see my young daughter who wasn't well ( my wife and i are separated).
    I'm due to the court next week.
    I have a clean criminal record and have never offended before.
    What do i risk ?
    If convicted of being in charge of a vehicle with excess alcohol with a breath reading of 90, sentencing guidelines suggest a band C fine or a community order AND either 10 points on your driving licence or a period of disqualification of up to 6 months.

    If you are disqualified for this offence then you will be classed as a high risk offender due to the amount of alcohol in your system.



    High Risk Offenders are drivers who:
    • Have been disqualified by order of a court for being over two and a half times the legal drink driving limit with a blood alcohol content that equalled or exceeded:

      (i) 87.5 microgrammes per 100 millilitres of breath, or
      (ii) 200 milligrammes per 100 millilitres of blood, or
      (iii) 267.5 milligrammes per 100 millilitres of urine; OR

    • Have been disqualified by order of a court for failing, without reasonable excuse, to provide a specimen for analysis when ordered to do so pursuant to section 7 of The Road Traffic Act; OR

    • Have been disqualified on two or more occasions within a period of 10 years for any drink drive offence.
    A high risk offender will need to satisfy the DVLA of their fitness to drive by taking a DVLA medical before their driving licence is returned to them.
    Last edited by Forum Moderator; 12-29-2010 at 07:41 PM.

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  4. #14
    MrSw9 is offline Member
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    Default Re: My story.....so far - 2 pints and over the limit!

    Quote Originally Posted by Forum Moderator View Post
    If your blood test results show your were over the legal limit of 80 milligrams of alcohol per 100 millilitres of blood you will be charged and upon conviction of driving with excess alcohol there is a mandatory minimum 12 month disqualification. There is nothing you can do to prevent this. The only thing that you can do is take the drink driving rehabilitation course in order to reduce the length of any period of disqualification imposed.



    Magistrates do have the discretion to order any person disqualified for a drink driving related offence to re-take their driving test, however in your case it is unlikely.
    Ok, thanks again.

  5. #15
    MrSw9 is offline Member
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    Default Re: My story.....so far - 2 pints and over the limit!

    Well, my citation came through the door today!
    As expected I was over the limit! My blood came back an 86.
    The reasons they stopped me were;

    1) I failed to stop at a red light.
    2) I didn't have my lights on.
    3) I obviously failed the breath test blowing a 42.

    I fear there going to be really hard on me.
    To think that I am now a criminal is unbelievable! Depressing stuff.

    I have to attend court on the 7th of March and have faced the fact that I will lose my licence & get quite a big fine At the end of the day it is completely my own fault & I will have to suffer the consequences! I haven't touched any alcohol since this happend back in Decemeber .. turns my stomach just thinking about it. Aswell as the thought of going to court!

    I am a nervous wreck.

    If theres ANY advice you could give me it would be very much appreciated,
    Thanks.

  6. #16
    xav
    xav is offline Member
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    Default Re: My story.....so far - 2 pints and over the limit!

    Hi,

    Couldn't leave you hanging there without a response... so

    First off, i think you have a good attitude; you made a mistake and it is wise to let the court know that you are sorry and regret the decision. You just need to relax and be yourself so this can come across. Think through (even write down) your story of the events well in advance, so you are well rehearsed to explain what happened, and why you did what you did (mitigation). This helped me prepare.

    Think about getting a solicitor. I didn't, and had a similar reading to yourself. Either way, you will get to speak to the duty solicitor on the day in court which will help you and feel like you are not on your own - you can use them if you want to for FREE. I don't think i needed one on reflection.

    You should get offered the alcohol awareness course; may advice is to take it- it really helped me get closure. It made me feel like I wasn't alone, and when we shared our stories with each other I realised in comparison, I had been well behaved!

    You will feel sick for a while with guilt about the incident, but it will pass. I didn't drink for a while either. Now I try to look at the positives - like recognising i had a problem with alcohol, and how it taught me a lesson, gave me a reality check and that I was lucky not to hurt anyone.

    On a negative note - and i'm sorry to raise this but i think you should be prepared - does your local area print out the court sentences in the local paper? Mine did, and that was the worst part of it for me. I just think you should be aware of this if you haven't thought of it. Not every case gets in the paper (yours is relatively slight) but some print ALL the court results for that week. Just a heads up. My dad broke this news to me!

    good luck, any other queries just ask me. Move forward now with your head high, except the responsibility and remember the important thing is not to repeat our mistakes.

    Take it easy (try)

    xav

  7. #17
    MrSw9 is offline Member
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    Default Re: My story.....so far - 2 pints and over the limit!

    Thanks Xav!

    I feel I am prepared although I'm still very nervous!!
    I really don't know what to expect .. I know my licence is gone and I know I'm going to get a big fine. I came to terms with this a while ago.

    Most of all I feel really bad to have let down my family like this because I am a real quiet person so it was a real shock to them. I think I'm the first person in my family to ever have a criminal record!

    Monday is D-day .. I will post an update then.

    And thanks again for the info!! Very, very much appreciated.

  8. #18
    Gutted1 is offline Member
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    Default Re: My story.....so far - 2 pints and over the limit!

    Quote Originally Posted by BT_Boy View Post
    Hi, hope you are keeping well. I was 84mg of breath and I received a 20 month ban and a fine of £375. Hopefully a mod can clear this up but I think a reading of 90 classifies you as 'high risk' REMEMBER i'm not sure yet. So i'm guessing.

    It'll all be over soon and believe me you'll come out feeling a new person. I feel funnily enough a better person since I lost my license.

    Hi I have just joined the forum after being stopped a week or so ago. Very similar story to yours, 42 breath test reading. Took the option of the blood test and have sent mine off privately to be analysed (£165) Got that result back today of 86. Absolutely gutted. I have read that up to a reading of 86 police may not prosecute what is the truth in this. The man that rang me with the results also said this, that they have to allow a 6% tolerance or 6 unit statistical anomally whatever is the greatest. I drove a short distance half a mile maybe and was outside my house with the engine off and the door open when the police pulled up behind me. Should have walked, but wanted to be home on time. What a muppet!!!

  9. #19
    MrSw9 is offline Member
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    Default Re: My story.....so far - 2 pints and over the limit!

    Court last week resulted in me losing my licence for a year and a £330 fine. I decided to get a solicator while at court aswell which was £250 plus VAT which bumped it upto £300 so yeah, it was a dear day out, lol.

    (42 - breath)
    (86 - blood)

    I completely forgot to ask about being put on the course to reduce my ban a little. Gutted! I would have been back on the road for Christmas.

    Court wasn't as bad as I thought it would be to be honest, although I did feel out of place when you see some of the people that are there too.

    Lets hope its a quick year!!

  10. #20
    xav
    xav is offline Member
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    Default Re: My story.....so far - 2 pints and over the limit!

    Convicted Driver Insurance Quotes
    Gutted 1,

    I'm sorry to tell you that a reading of 86 will result in a prosecution; even with a 6% tolerance taken into account. Blood tests are black or white, 80 or over results in prosecution. Breath tests are different, some forces prosecute at 35, others 40.

    All the best.

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