can anyone help so low and frightened

Convicted Driver Insurance

jh327

Member
hi I went through a very bad time last year I feel so low and lonely I have been caught twice first time charged with drinking in charge of the vehicle
and second was suspected of driving vehicle but was know where near my car when police stopped me arrested me I refused to take breath test
but they did not ask for blood test!! I am now awaiting pre sentencing report I don't think I will get through this as I will lose my license it could be for 3 years can anyone help.
 
If you were disqualified the first time, then a 3 year ban will be inevitable this time, it is possible for it to be higher. If you are in court at the same time for both offences that could account for the PSR. What was your reading the first time for 'in charge'?
You say you were nowhere near your vehicle this time, I presume the police had some evidence of you driving and as the case is adjourned for a PSR you you have already been found guilty. As you refused a breath test the police did not have to offer you a blood test.
Have you spoken to a solicitor? As the court have ordered a report, custody must be an option so you should qualify for Legal Aid.
 
does this mean I will go to prison this is just for one charge I got points on my license last time!!!! 4 months ago I work and am seeing a probation officer tomorrow . I have no other record I feel my life is over so down at the time even now I am suffering from depression
 
It does not mean you ARE going to prison, but it does mean that the magistrates consider that to be an option. They could decide to suspend a sentence of inprisonment, or they could decide to give you a community order with some help for your drink problems.
the good news is that if you 'only' had points for the previous 'in charge' offence then the 3 year ban is not an automatic option, as this only applies to a second disqualification on 10 years. The range for a failure to provide can vary between 12-36months, according to why the magistrates feel you did not provide and the evidence of your level of intoxication.
I would again urge you to consult a solicitor, you should qualify for legal aid because of the pre sentence report being requested.
 
I do have a solicitor!!! I cannot get legal aid as I work !! the pre sentence report is for the magistrates to understand more about me.
can I ask how you have so much knowledge about this? I lost everything last year my home my partner and his 2 lovely children through
depression I was under the doctor for this and on antidepressants.
 
also previously explained they suspected of me driving the car as I was no where near the car but on evidence 2 people rang in saying that
they saw me driving but they wont stand up in court but when I was away from my car the police explained engine was still warm.

is 3 year inevitable thanks for your threads.
 
The length of the ban for failing to provide is on a scale divided into 3 parts, with escalating degrees of seriousness, leading to a ban of between 12-36 months. You can read about it here: http://www.drinkdriving.org/drink_driving_sentencing_guidelines.php#failspecimen_drive
if you had provided a sample, the police would have had to prove "beyond reasonable doubt" that you had driven the vehicle. Because there was no sample provided, they only had to prove that they had reasonable grounds to suspect that you were, or had been the driver.... and they had this from 2 witnesses so the case was made out.
I have a pretty good knowledge of the law and police procedure in relation to breath tests as I have been involved with the criminal justice system for 30 years, followed by another 13 years directly involved with the delivery of Drink Drive Rehabilitation courses.
We have about 45 trainers who deliver these courses, and it is my jobs to keep them informed about changes in the law and about changes to procedures. That is why I can answer your queries and am happy to do so. I do this in my own time, having seen many people in your position and want to try to smooth the way through a distressing time in a persons life. I do not condone drink driving, but the actual punishment is enough, without the heartache people go through when they do not know what to do next.
You will see from my logo that I am an Associate Director of TTC. We are the largest provider of these courses in the country, educating 6-7000 drivers a year. The DVSA,who supervise these courses, say that we are an 'exemplar organisation' ..... in other words if any other organisation wants to see how the courses should be run properly, they should look to our example.
 
Julie believe you are a good person, you tube 'god of second chances' worth a watch
 
hi went to probation yesterday was awful she put me down as a moderate on form about drink driving again not a low risk also she said i could go to prison i had 10 points
previous for being in charge of a car and spent conviction over 20 years ago and now this suspected driving a car whilst over the limit failing to provide a breath test

oh my life is so ruined by my mistakes i am up in court on the 17th am so low
 
Hi Julie
You will get through this. As I found out the hard way there is little point worrying yourself sick about a situation that is out of your control. I firmly believe our paths are already written and whatever happens is not the end of the world and whatever your punishment is will not be forever. You need to focus on self preservation now, try to see people and do things that will make you feel better not worse.
When I was sentenced as awful as it was leading up to it and on the day now I think it is what it is. I am alive I have my health and I will be damned if I am going to let one mistake ruin my life. That's what you must try to believe. We are all in this together and you will move forward and come through it.
I can empathise with you so much as I never thought I would be able to smile again, I struggled sleeping and shut myself off from everyone. Whatever the outcome you have to find a way to deal with it. Don't let your situation destroy your life it is no dress rehearsal we only get one chance at it. If you ever need to talk things through I will always listen, I appreciate so much the people who listened to me, talking about your feelings and listening to others who have been through it really helps x
 
thanks for advice will try hard i have ended up with nothing a room at my mums only work 2 days a week find this so hard and i am fighting against
drinking as it is the only thing that relaxes me .

how do you fill in your time . do you take the buses i find this so hard
 
Last November I bought a puppy he has been a blessing, a reason to get up in the morning, following my arrest the police right or wrongly rang my work and I lost my job on top of everything else. This matter is with my Local MP as I have researched this and according to police policy this shouldnt have happened. So a two year ban, 6 week curfew a fine, no job honestly things couldn't get any worse for me could they?
I bought some walking boots and I get outdoors whenever possible getting away from the hustle and bustle of life has been my comfort. I downloaded a walking app and I have been all over on my own and talked to some great people.
The main thing I knew I had to do was accept my new situation, it is what it is no matter how much I cried or got frustrated it wasn't going to change it. I am booked on the DD course next week my curfew is up the following week. Once those two things are out of the way I think I will begin to heal.
Since court I too have been drinking, it's eacapism and for a few hours it takes away your pain, it's difficult not to drink because im not driving I have no job to go to. At this point I am not battling with the drink if I want to drink I will if I don't want to I will leave it be. So long as I am in control that's the main thing. I have to have a medical before I get my license back as I am high risk! I will deal with that next year, don't deapair x
 
thanks high risk if you don't mind me asking how high risk as high as me is ok if you dont want to answer this question no worries:rolleyes:
 
I don't mind saying I blew 97 at the police station, only found out I was high risk when a letter came from the DVLA about a medical I had to have
 
oh ally need to get a electric bike am so lonely i have just not accepted the situation i am in i had so many things happen and my life just started turning around and i go and do something so stupid;)
 
Julie you have to find the strength from somewhere. Our situation is so consuming. I did not realise at the time how bad the aftermath really is. I was told over and over once I had been to court it's over but it isn't i feel its when reality kicks in and if you let it the nightmare begins and takes over your life. I am not prepared to let it take over my life, don't get me wrong I am in no way being cocky about what I have done there isn't a day that goes by that I don't think about it and wish I could turn the clock back but I cant. It's real it's happening and I have decided not to let the whole thing take anymore of my life. We have made a mistake all human beings make them and we will come out stronger people and maybe prevent people who hear our stories from making the mistakes we have. Don't let it destroy you, have you got support at home?
 
i have family a family 3 children 3 beautiful grand children but i live at my mums she has senile dementia i love all of them i would do anything for them but without car i dino get to see them much !! you are so strong i wish i had the strenght u have but my illness does not help has been with me all my life but have always got through some how this time i carnt
 
went to probation she put down moderate to offend again as she said because i have a spent conviction on drinking driving and drunk in charge of a car which got 10 points and this charged in suspicion of car i could go to prison oh well having nothing lest to be taken from me no i don't condone drink driving but me i would help anyone and i would understand
that people do things in their in their life because of a sequence of bad things that have happened
 
I know exactly where you are coming from as paranoid as this sounds I am considering selling my car as I think it's marked now and the fear of being pulled for everything and anything puts the fear of God in me. I would be a nervous wreck driving I know it's only eight weeks on and my perception may change but that's what it does to you, you end up over thinking and imagining all sorts!
With you mentioning prison it's only my thoughts but it sounds like you need some help and I fail to see how prison will do that? Following a drink driving offence so long as you haven't hurt anyone shouldn't the system be trying to rehabilitate a person not to re offend? I have learnt so much by researching it myself since I just wish I was told it all prior to driving.
 
went to probation she put down moderate to offend again as she said because i have a spent conviction on drinking driving and drunk in charge of a car which got 10 points and this charged in suspicion of car i could go to prison oh well having nothing lest to be taken from me no i don't condone drink driving but me i would help anyone and i would understand
that people do things in their in their life because of a sequence of bad things that have happened

Julie,
what did the probation officer say she would be recommending in the report? The magistrates are not bound by the report, but they often do what is recommended.
 
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