court tomorrow

[cauncey]

Im in court tomorrow and worried about the potential fine i may recieve...i blew a 91 on the breath test so know im in the high fine band...what i want to know is,do i need to fill in the financial means form in at court or do i need to download one and take it into court with me.

Your help would be appriciated,thanks Steve

 

[Forum Moderator]

Im in court tomorrow and worried about the potential fine i may recieve...i blew a 91 on the breath test so know im in the high fine band...what i want to know is,do i need to fill in the financial means form in at court or do i need to download one and take it into court with me.

Your help would be appriciated,thanks Steve

A first conviction of driving with excess alcohol with and evidential breath test reading of 91 puts you in the sentencing bracket where a low to high level community order is recommended as opposed to a fine. Saying that there is no guarantee you will receive a community order and you may receive a band c fine instead. In any case you should be provided with a financial means form at court if they are considering fining you.

Sentencing guidelines suggest a 23-28 month driving disqualification and a low to high level community order upon a first conviction of driving with excess alcohol and a breath reading of 91. 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%.

As your alcohol level at the time of the offence exceeded 87.5 microgrammes per 100 millilitres of breath you will be classed as a high risk offender. This means you will need to satisfy the DVLA of your fitness to drive once you have applied for your driving licence upon expiration of your disqualification. This is achieved by taking and passing a DVLA medical before your driving licence will be issued to you.

Our guide to appearing at magistrates court for drink driving offences may prove useful to you. Let us know how you get on tomorrow.

 

[cauncey]

Thanks for the reply..im a bit worried about the community order as i work 6 days a week...would they still give me community service when i work all week and most weekends or would they give ke a different community order?

Thanks steve

 

[Forum Moderator]

Thanks for the reply..im a bit worried about the community order as i work 6 days a week...would they still give me community service when i work all week and most weekends or would they give ke a different community order?

Thanks steve

Usually when the courts consider any kind of community order a pre-sentence report is carried out which assess your suitability for various sentencing options the court may be considering imposing. This is carried out by a probation officer, you will be able to raise any concerns about your ability to do for example unpaid work because of your work schedule etc. The report will then be given to the magistrates for consideration before passing sentence.

 

[cauncey]

Again,thanks for your reply...just one mpre question cos my reading was very high,is there a pretty good chance my case will get ajourned so i can have a interview with the probation officer and then give the report back to the judge at my next court date?

Thanks steve

 

[Forum Moderator]

Again,thanks for your reply...just one mpre question cos my reading was very high,is there a pretty good chance my case will get ajourned so i can have a interview with the probation officer and then give the report back to the judge at my next court date?

Thanks steve

Yes if the Magistrates request a pre-sentence report, your case will be adjourned. Sometimes, especially if you appear in court early in the morning and a probation officer is available to do one, you can get one done the same day and be sentenced in the afternoon. Other times it could be a week or so later. Let us know how it goes.

 

[cauncey]

Ive just got home and got 23 months (reduced to 17 with the course) £145 costs and 100 hours unpaid work