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Thread: DRINK DRIVING SENTENCES

  1. #41
    huhuh is offline New Member
    Join Date
    Jul 2010
    Posts
    1

    Angry Re: OMG!

    Brief Description of Offence:
    had moved my car 1/2 mile in to a car park after only a few pints drank over a course of 4 hours, considered myself sober. went back to where I was drinking and drank more (about 2 cans of strong lager and a shot). then returned to the car about 2 hours later with the intention of sleeping in car over night. was in the car for a short while when police van pulls up and they ask if I am drunk? I admit to being drunk but as i know I should not be in charge of the car I had put the car keys in the glove compartment of the car. I get these from the passenger side of the car and show them to the officer. I am then arrested and taken to the police station. no breath test in the street.

    Blood Alcohol Level and Reading Type:
    reading 1 = 47 mg, reading 2 = 46 mg. gave blood sample, awaiting results.

    Mitigating Factors:
    42 years old, no previous convictions, clean licence. was not intending to drive. live over 40 miles away from where i was parked and not as if i had started my journey home. work in the transport industry and have a vocational licence

    Aggravating Factors:
    none I can think of ???

    Legal Representation at Court?:
    probably will need to!

    Sentence:
    awaiting result of blood tests. so far spent 7 hours in a cell, DNA, fingerprints etc. seems all the norm having read the blogs on here. have to go back to Police Station, (about a 90 mile round trip) on 2nd September.

    Offered the Drink Driving Rehabilitation Course?:
    n/a

    Sentence Comments:
    i was not driving the car and I didn't intend to at the time. I was only just over the limit of alcohol. If I get even just points on my liecence I will loose my job as I work in Transport. I can't believe this is happening.


  2. #42
    wood1beez is offline Member
    Join Date
    May 2010
    Posts
    18

    Default Re: OMG!

    Hello
    My pal was asleep in the passenger seat with no intention of driving after a night out drinking the police woke him up .He ended up getting a month ban but only because there was a fault with the blood testing machine otherwise it would have been 12 months! its very unfair .You really need a solicitor who is an expert in this field it will be worth every penny if you can avoid a ban especially if you need to drive for your job.I have heard of people getting independent blood test too as you were only just over the 39 limit.Good luck try to stay positive

  3. #43
    total muppet is offline Member
    Join Date
    Sep 2010
    Posts
    5

    Default Re: DRINK DRIVING SENTENCES

    Brief Description of Offence:
    I went out in to town and stupidly thought it would be a good idea to drive back home with my friends in the car, it was about 2 miles, i drove 1 mile dropped one off and was spotted by the police at around midnight, he said my full beams were on ( i know they were not but that is by the by) he said he smelt alcohol on my breath and I admitted straight away saying I was probably over the limit, I was done for 'being in charge of a vehicle'

    Blood Alcohol Level and Reading Type:
    Breath 61ug

    Mitigating Factors:
    7 years clean driving record, no previous drink driving / criminal convictions, co-operation with the police, short distance driven well 1 mile when i was caught

    Aggravating Factors:
    3 friends in the car

    Legal Representation at Court?:
    Yes duty solicitor, he was amazing! very lucky with that.

    Sentence:
    10 points and £300 fine

    Offered the Drink Driving Rehabilitation Course?:
    No

    Sentence Comments:
    Very very lucky not to get banned, the prosecution was poor on the day and the duty solicitor played on the fact that I wasnt stopped driving or had no intention to carry on driving. I was very lucky that the mags agreed with this.

    I have learnt never to drink and drive again, waiting for the court date has been hell and it really is not worth all the stress, plus drinking and driving is just WRONG!

  4. #44
    AnotherDamnFool is offline New Member
    Join Date
    Oct 2010
    Posts
    1

    Default Re: DRINK DRIVING SENTENCES

    Brief Description of Offence:
    Went out to pub (Sat) had drinks, left the car and went home. Went back to collect car late afternoon (Sun), happened upon friends, had drinks, went clubbing + drinking and in the early hours (4AM) of next day (Mon) - began walking home drunk, was freezing cold, happened to walk past the car I had left on Saturday and got in to get warm. Fell asleep and 1.5 hours later woke and stupidly decided to drive home. Drove for 2 minutes, got pulled as I veered across the lanes in front of an oncoming police car.

    Blood Alcohol Level and Reading Type:
    Breath: 81ug

    Mitigating Factors:
    23 years clean license, no previous drink driving / criminal convictions, co-operation, short distance driven?, driving due to freezing to death!

    Aggravating Factors:
    None

    Legal Representation at Court?:
    No. Spoke to duty, but agreed there was nothing for him to do. I presented court with written statement of events and remorse etc.

    Sentence:
    17 month ban, £600 fine (inc. costs) - 3 months to pay

    Offered the Drink Driving Rehabilitation Course?:
    Yes (+ intend to take and complete the course)

    Sentence Comments:
    Given the circumstances - it was probably the best I could have hoped for. I am still pissed at myself, but happy that I didn't injure myself or anyone else.

    p.s. Great Forum !!!

  5. #45
    Scotsnapster is offline Member
    Join Date
    Sep 2010
    Location
    England
    Posts
    7

    Default Re: DRINK DRIVING SENTENCES

    Brief Description of Offence:
    Son drank nil wanted to drive home had provisional, I let him, this was not planned.
    Blood Alcohol Level and Reading Type:
    Breath 71ug
    Mitigating Factors:
    long clean driving record, no previous drink driving / criminal convictions, short distance driven only 1.3 miles driven
    Aggravating Factors:
    I was un co-operative with the police only in sense that I ignored pc who told me to sit in his car, I was carrying my sons licence and tried to explain this to him, I had not been cautioned or advised of any charge against me, in summing up magistrates thought I had assaulted police, my solicitor advised they were confused, in fact police broke my ribs in unprovoked assault without warning or caution then lied about circumstances in disclosure.
    Legal Representation at Court?:
    Yes

    Sentence:
    Length of disqualification - none, mandatory 10 points for dr40, fine amount £350 in total including costs.

    Offered the Drink Driving Rehabilitation Course?:
    No as not barred.
    Sentence Comments:
    Sentence exactly as expected.
    However astonished that the police and cps are allowed to lie in court without challenge from defence as reluctant to challenge as case is then likely to be referred to crown court.
    The proceedings are a shambles, we live in a police state which is unaccountable to the law.

    I was calm, however after the police assaulted me I was confused, as I had tried to be cooperative, the constable was immature and was alone and called back up who assaulted me without warning as soon as they arrived on scene.

    My ribs were fractured and I have nerve damage from handcuffs being applied too tightly, i was also refused medical help at police station. I thought my spleen had been ruptured because of the pain in my ribs on the left side I could have died and they could not care less. I did see the police surgeon next morning who accepted my ribs were probably fractured and that the nerves to my hands had been damaged because the hancuffs had been applied too tightly, she stated that this what what the police did when they arrested people and if I wanted medical help this would delay my release.

    The police and cps are a disgrace, I do accept culpability in allowing my son to drive me home, however I did not realise I was over the limit to supervise, however this does not give the police the right to assault and then torture people and then lie about what they have done.
    Routemaster likes this.

  6. #46
    ness is offline Member
    Join Date
    Nov 2010
    Posts
    6

    Default Re: DRINK DRIVING SENTENCES

    Brief Description of Offence:
    Went to stay at a friends house about 20 miles from home. We had an argument and I was thrown out of the house, very stupidly decided to drive to a travel lodge and was pulled over.

    Blood Alcohol Level and Reading Type:
    A very high reading of 120

    Mitigating Factors:
    Full clean driving license for 10 years. Complied with the police fully. I was in an area I was unused to, my friends partner threw me out in my PJ's along with all of my bags and keys to the car and told me to sleep in the car (which I should have done!)

    Aggravating Factors:
    Level of alcohol

    Legal Representation at Court?:
    Yes, had a bit of a nightmare there. Went to court and paid £650, unfortunately they had to have me interviewed by a probation officer to decide what punishment I would receive, and there wasn't anyone there to do it. Court was rescheduled for the following week, so had to pay the solicitor again, this time £500.

    Sentence:
    I was given a 36 month ban and court costs and fines of £740

    Offered the Drink Driving Rehabilitation Course?:
    Yes and will deff do it.

    Sentence Comments:
    My solicitor told me that I could get a prison sentance but it was unlikely (imagine trying to sleep with that on your mind) because of the level of alcohol. I was definitely expecting community service, or a curfew ( I am a mother of 2). Am please the court bit is all over - just the long wait to drive again now...

  7. #47
    quartz is offline Member
    Join Date
    Nov 2010
    Posts
    87

    Default Re: DRINK DRIVING SENTENCES

    Brief Description of Offence:
    Had three pints after work. Drove to get petrol almost 3 hours later, thought I'd be under limit. Stopped by police as was going 59 in 30 zone.

    Blood Alcohol Level and Reading Type:
    Breath 63

    Mitigating Factors:
    17 years without any offences, full co-operation with police, of good character (letter of ref from employer)

    Aggravating Factors:
    None (police report didn't mention the speed)

    Legal Representation at Court?:
    No. Asked to speak to duty solicitor, although he had a quick word he said he only represented people who had a good chance of receiving a custodial sentence.

    Sentence:
    18 month ban, 365 fine, 85 costs, 15 victims surcharge

    Offered the Drink Driving Rehabilitation Course?:
    Yes. Undecided on whether to take or not.

    Sentence Comments:
    About what I expected for the fine. Thought ban was one month longer than I should have got as I was at the low end of that particular band. The mitigation I put forward was clearly a waste of time and effort as the magistrate simply read his table and decided from that. I'm glad I didn't hire a solicitor, as it would have been waste of money.

  8. #48
    DMR
    DMR is offline Member
    Join Date
    Nov 2010
    Location
    Portsmouth (Uni) or Wiltshire
    Posts
    9

    Default Re: DRINK DRIVING SENTENCES

    Brief Description of Offence:
    No excuses, went out for a few beers, decided to drive home as it was hammering down with rain.

    Blood Alcohol Level and Reading Type:
    Breath - 66

    Mitigating Factors:
    I think people are a bit confused about this. I have (had!) a clean license (5 years), behaved myself, no convictions etc but these are not mitigating factors. They probably stood me in better stead than someone who is obviously keeps breaking the law though.

    Aggravating Factors:
    Speed, 50 in a 30, although this was not mentioned in court. Also no insurance - had missed the last DD payment, and had subsequently been cancelled - I had no knowledge of this prior to seeing the charge sheet before my hearing.

    Legal Representation at Court?:
    No. Briefly spoke to the duty solicitor, she was quite helpful in that she tweaked a couple of things in my statement I read in court, and gave my character references the all clear. But ultimately not alot she could do as I was bang to rights.

    Sentence:
    18 month ban, 90 fine, 50 costs, 15 victims surcharge (£155 all in, full time uni student - very lucky with this amount).

    Offered the Drink Driving Rehabilitation Course?:
    Yes. £170 to take it, but worth it to reduce my ban to 13.5 months, so will take it.

    Sentence Comments:
    I'm very pleased, truth be told. My sentencing bracket was 17-22 months, given I had no insurance and was speeding, I'd braced myself for 20-22 months. I held my hands up and think I spoke well in court so this may have helped. The fine of £90 was also a great result, £155 all in, won't ruin me but as a student that does hurt - could have been so much more though.

  9. #49
    new_pedestrian is offline Established Member
    Join Date
    May 2010
    Location
    North East England
    Posts
    228

    Default Re: DRINK DRIVING SENTENCES

    DMR - you did well there. I also blew 66 but without the aggravating factors you mentioned concenring insurance and speeding, and I got a 17 month ban (reduced to 13 with the course) and a heftier fine totalling £330 including costs and victim surcharge. Also my course cost £220!

  10. #50
    liveade is offline Member
    Join Date
    Jan 2011
    Posts
    6

    Default Re: DRINK DRIVING SENTENCES

    Brief Description of Offence:
    2 pints within hour and half, no food all day, left pub felt fine car pulled out 10m or so infront of me tried to avoid him and hit another car

    Blood Alcohol Level and Reading Type:
    Breath lowest 71

    Mitigating Factors:
    no points, clean lisance for 13 or so years never been in bother

    Aggravating Factors:
    accident hit parked car but indoing this avoided anyone being injured

    Legal Representation at Court?:
    Yes

    Sentence:
    18 month ban, £250 fine, £85 costs, £15 victim fee

    Offered the Drink Driving Rehabilitation Course?:
    Yes and intend to do it

    Sentence Comments:
    think it is ok could have been alot worse

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