Advice please

[christoff_g]

Recently moved to the north east of england as my girlfriend was given a job in the hospital after passing university. I moved with her as im a nightclub photographer and was given some regular work in some nightclubs

One of the dj's of the nightclubs asked if i wanted to go out for his birthday on wednesday and because we were going to the club i worked at i thought i would work and have some drinks at the same time

Wednesday night (19th) drove to the friends house and parked the car up. Went into town and worked in the clubs i normally do and about 3am we left to go get food. Jumped in a taxi back to his house as that's where i was staying for the night, he went to bed and i got into an argument with his other mates over something which i dont remember and they basically kicked me out the house leaving the only place to go was to my car and as i type this i know in my mind i just wanted to go to sleep.

HOWEVER

My battery died on my phone as i attempted to call my girlfriend, phone died and so i was stuck in the car in a place ive never been too. At this point i dont remember anything. Ive drove the car away from the house trying to get home. I've came into a grove and drove around it looking for a way to get home, as ive turned one of the corners to leave the grove ive turned too much and hit a bollard and knocked it over causing damage to the front of my car. A woman who lived near to where the accident happened had CCTV in her driveway and caught it all so there is no denying the fact i was driving the car as she also described my looks. I have then drove away from the scene, still not knowing where i am to then park up and fall asleep slumped over the steering wheel with the engine running to keep me warm using the heaters i imagine. I always lock my doors when im in the car as u can never be too careful, a family have returned home from walking the dog to find me parked were they had been parked before leaving and heard music coming from my car, saw the damage and phoned the police. Police have arrived and attempted to wake me up, eventually i do and being half asleep and/or still drunk ive attempted to drive the car away however only getting as far as revving the engine. The police officer then smashed my passenger window and turned the engine off then dragged me out the car and took me to the police station which is where my memory comes back.

Blew 105 to 100ml of breath. Now i know its only been a couple of days but i am literally worried to death, i couldn't sleep last night because of thinking how much of an idiot ive been and what will happen from now.

Ive never been in trouble with the police, i didn't have a criminal record and im just wondering if someone can give me some sort of advice on what my likely sentence will be, im in court the end of December so if there is anything i can do to help myself it would be really appreciated

 

[Forum Moderator]

Recently moved to the north east of england as my girlfriend was given a job in the hospital after passing university. I moved with her as im a nightclub photographer and was given some regular work in some nightclubs

One of the dj's of the nightclubs asked if i wanted to go out for his birthday on wednesday and because we were going to the club i worked at i thought i would work and have some drinks at the same time

Wednesday night (19th) drove to the friends house and parked the car up. Went into town and worked in the clubs i normally do and about 3am we left to go get food. Jumped in a taxi back to his house as that's where i was staying for the night, he went to bed and i got into an argument with his other mates over something which i dont remember and they basically kicked me out the house leaving the only place to go was to my car and as i type this i know in my mind i just wanted to go to sleep.

HOWEVER

My battery died on my phone as i attempted to call my girlfriend, phone died and so i was stuck in the car in a place ive never been too. At this point i dont remember anything. Ive drove the car away from the house trying to get home. I've came into a grove and drove around it looking for a way to get home, as ive turned one of the corners to leave the grove ive turned too much and hit a bollard and knocked it over causing damage to the front of my car. A woman who lived near to where the accident happened had CCTV in her driveway and caught it all so there is no denying the fact i was driving the car as she also described my looks. I have then drove away from the scene, still not knowing where i am to then park up and fall asleep slumped over the steering wheel with the engine running to keep me warm using the heaters i imagine. I always lock my doors when im in the car as u can never be too careful, a family have returned home from walking the dog to find me parked were they had been parked before leaving and heard music coming from my car, saw the damage and phoned the police. Police have arrived and attempted to wake me up, eventually i do and being half asleep and/or still drunk ive attempted to drive the car away however only getting as far as revving the engine. The police officer then smashed my passenger window and turned the engine off then dragged me out the car and took me to the police station which is where my memory comes back.

Blew 105 to 100ml of breath. Now i know its only been a couple of days but i am literally worried to death, i couldn't sleep last night because of thinking how much of an idiot ive been and what will happen from now.

Ive never been in trouble with the police, i didn't have a criminal record and im just wondering if someone can give me some sort of advice on what my likely sentence will be, im in court the end of December so if there is anything i can do to help myself it would be really appreciated

Upon a first conviction of driving with excess alcohol and a breath reading of 105 Magistrates sentencing guidelines suggest a 23-28 month driving disqualification and low to high level community order.

Being involved in an accident, failing to report and leaving the scene of an accident and finally attempting to drive the car away resulting in the police officer smashing the window and turning the engine off will all be seen as aggravating factors by the court which can only go towards increasing the severity of the sentence imposed.

While Magistrates usually stick to the guidelines, multiple aggravating factors can sometimes see them deviating from the guidelines. It may be that the aggravating factors surrounding your case could see the magistrates considering the next sentencing bracket up which suggests a 29-36 months driving disqualification AND a high level community order OR up to 26 weeks custody.

It is highly unlikely, from the information you provided, that you will receive a custodial sentence but you should prepare yourself for a lengthy disqualification and a community order.

As the level of alcohol in your system exceeded 87.5 microgrammes per 100 millilitres of breath you will be classed as a high risk offender. This means you will have to satisfy the DVLA of your fitness to drive by taking and passing a DVLA medical once your disqualification has expired and before your driving licence will be returned to you.

The majority of first time offenders usually benefit from the opportunity to take the drink driving rehabilitation course, if you successfully complete the course you will be awarded a reduction in the length of your disqualification of up to 25% of the total disqualification period imposed.

Our guide to appearing at magistrates court for drink driving offences may prove useful to you. I would suggest you consult with a solicitor about your case who can examine all evidence surrounding your case and advise you further.

Let us know the outcome of your case and how you get on at court as this may help others who find themselves in a similar situation in future.