Blood test 120, 4 months after getting my licence back..

Convicted Driver Insurance

marcus81

New Member
Hi guys, just a quick version of my story. Had gone out for 1 drink on a week night following an argument with my other half, one drink turned into more than a few. Stupidly thought I was fine to drive (didnt feel atall drunk) so me and my frriend started the journey home through the town centre. At the traffic lights there were 2 lanes - police were waiting in the inside lane as the light was red. I drove through the light, passing the police and was pulled over.

Blew 49 and 59 at the police station, opted for blood test and their results came back at 120 so I've been charged and will attend court this Friday.

Am I right in thinking that because I have only had my licence back for 4 months after my previous ban (12 months for driving without due care and attention) that they will take a dim view on this and punish me more than someone with a clean driving history?

With my reading the guidelines state a band C fine and a ban ranging from 12 - 18 months (as far as I remember)

With the fact I ran through the red light and my recent driving convictions I'm expecting ATLEAST the top end of the sentencing guidelines, maybe more. Has anyone else been in a similar situation to mime?

I have found this forum a great help so I'll update this thread once I've been sentenced so it will give others a rough indication of the sentence if they're in a similar situation.

Any words of wisom / advice would be much appreciated! Thanks
 
Hi guys, just a quick version of my story. Had gone out for 1 drink on a week night following an argument with my other half, one drink turned into more than a few. Stupidly thought I was fine to drive (didnt feel atall drunk) so me and my frriend started the journey home through the town centre. At the traffic lights there were 2 lanes - police were waiting in the inside lane as the light was red. I drove through the light, passing the police and was pulled over.

Blew 49 and 59 at the police station, opted for blood test and their results came back at 120 so I've been charged and will attend court this Friday.

Am I right in thinking that because I have only had my licence back for 4 months after my previous ban (12 months for driving without due care and attention) that they will take a dim view on this and punish me more than someone with a clean driving history?

With my reading the guidelines state a band C fine and a ban ranging from 12 - 18 months (as far as I remember)

With the fact I ran through the red light and my recent driving convictions I'm expecting ATLEAST the top end of the sentencing guidelines, maybe more. Has anyone else been in a similar situation to mime?

I have found this forum a great help so I'll update this thread once I've been sentenced so it will give others a rough indication of the sentence if they're in a similar situation.

Any words of wisom / advice would be much appreciated! Thanks

Upon a first conviction of driving with excess alcohol and a blood specimen alcohol reading of 120 sentencing guidelines suggest a band C fine and a 12-16 month driving disqualification. Running a red light will show an unacceptable standard of driving at the time of the offence and can only go towards increasing any sentence imposed, your recent disqualification certainly wont go in your favour either.

The majority of first time offenders usually benefit from the opportunity to take the drink driving rehabilitation course which once completed can reduce the period of any disqualification imposed by up to 25%.

Our guide to appearing at magistrates court for drink driving offences may prove useful you.

Let us know how you get on.
 
Thanks for the reply, your guide to appearing at court has been very useful. So I'm guessing in circumstances such as mine the magistrates have to power to exceed the sentencing guidelines?

2 days to go and I'm dreading it, I've spent the last year saving towards insurance which was very high due to my last ban and now I'm about to go through it all again.

With regards to seeing a duty solicitor whilst at court, my income is slighty above the amount that makes you automatically eligible for legal aid - will they still act on my behalf? Or would they have to wait until it's been accepted before they can help me. I realise I'm going to get shafted, but I'd like somebody to mitigate on my behalf and I'm not confident enough to do so. Letter to the magistrates sounds like a good idea as a last resort, however I believe hearing it from an actual person would be a better option.

Thanks for your help
 
Also my independent sample came back with a result of 112. Do I just take the report to court with me and they will accept it? I realise it isn't a huge difference but every little helps I suppose.

Or would I just be wasting my time?
 
Thanks for the reply, your guide to appearing at court has been very useful. So I'm guessing in circumstances such as mine the magistrates have to power to exceed the sentencing guidelines?

2 days to go and I'm dreading it, I've spent the last year saving towards insurance which was very high due to my last ban and now I'm about to go through it all again.

With regards to seeing a duty solicitor whilst at court, my income is slighty above the amount that makes you automatically eligible for legal aid - will they still act on my behalf? Or would they have to wait until it's been accepted before they can help me. I realise I'm going to get shafted, but I'd like somebody to mitigate on my behalf and I'm not confident enough to do so. Letter to the magistrates sounds like a good idea as a last resort, however I believe hearing it from an actual person would be a better option.


Also my independent sample came back with a result of 112. Do I just take the report to court with me and they will accept it? I realise it isn't a huge difference but every little helps I suppose.

Or would I just be wasting my time?

Duty solicitors are only obliged to give legal assistance to people at their first appearance at court who are facing a possible prison sentence or who are already in custody. However, depending on their workload, they may provide assistance to people who do not meet this criteria but it is not guaranteed.

You can apply for legal aid if you want to instruct a legal aid accredited solicitor. You can use this calculator to see if you are financially eligible for legal aid assistance or contact a legal aid accredited solicitor who can advise you further. If you are not eligible for legal aid then another option is to instruct a solicitor on a private fee paying basis.

In regards to your independent sample. My advice would be to consult with a solicitor to see if it can be used to challenge the police sample.
 
Last edited:
Just left Court and I'm chuffed. Was given a 13 month disqualification (reduced by 99 days with drink drive course) and a £340 fine which includes costs and victim surcharge.

Still gutted, ashamed and disgusted with myself for whats happened but the sentence was alot nicer than I was expecting.

Wear atleast a shirt and tie, and just make sure you look like you're sorry for what you've done. Magistrates gave a few harsh words but that was expected.

Just under 10 months til I can put this whole mess behind me and get back on the road, I'm sure it will fly by :)
 
Enter code DRINKDRIVING10 during checkout for 10% off
Top