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Thread: Been caught drink driving and need advice

  1. #1
    SCM18 is offline New Member
    Join Date
    Feb 2018
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    2

    Default Been caught drink driving and need advice

    I have recently made the biggest mistake of my life and drove my car whilst over the limit, but there are a few factors what concern me. I am due to attend court in 25days and need every bit of advice to help me keep my driving and PCV license.
    I plan to plead not guilty as everying I have read on a guilty plea says I will banned is this true? I have thought about a HARDSHIP plea but I cannot risk loosing my job as it will ruin me financaly and will most certainly loose everything I have worked so hard for. (I am a Bus driver) so need my license to work.
    Will any of the below factors help me?
    I was not pulled over (blue lights) I pulled over on my own accord.
    -The MGDDA was filled in after my test.
    -I was not asked many questions regarding the MGDDA.
    -The arresting officer was not there whilst the MGDDA was been completed by the desk SGT.
    -I was smoking when I stopped and breathalized straight away
    -I was not given the option of a results repicet until the morning.
    - I wanted to make a phone call but my phone was left on my car seat and needed the number off it, I asked if they could get my phone so I could make the call they said yes, the police retrieved my phone but never told me.
    Thank you in advance for any help with regards to my case


  2. #2
    price1367 is offline TTC Group Associate Director
    Join Date
    Oct 2012
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    Telford, Shropshire
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    1,722

    Default Re: Been caught drink driving and need advice

    None of the factors you have quoted are likely to have any effect on the outcome, which will be a ban from driving, according to your reading in breath which puts the length into different brackets. What was your reading?
    It was not wise for the police officer to allow you to smoke before the roadside breath test, but unless he saw you smoking he would not have known. In any case, that is only a screening test and I very much doubt that you were allowed to smoke in the 5 minutes before you blew into the evidential one at the police station.
    You cannot plead hardship to avoid a ban for drink driving. That is only available when you get to 12 points for ‘totting up’. You can put forward how much difficulty a ban will cause you, but that will only have a small effect on the length of the ban, not avoid it altogether. The minimum ban is 12 months. This can be reduced by up to 25% if you are offered, and accept in court, to attend a Drink Drive Rehabilitation Course.
    As soon as you please not guilty, the prosecution costs that will be claimed from you (if found guilty) rise from £85 for a guilty plea to £625. On what basis will you plead not guilty? Is there some doubt about if you were the driver?

  3. #3
    SCM18 is offline New Member
    Join Date
    Feb 2018
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    Default Re: Been caught drink driving and need advice

    My reading was 52
    I have only had my job driving buses for 6months and if Im banned I will lose my job, be instantly 3000 in debt and will lose my house. I only drove around the corner as found out my girlfriend was cheating on me so was going to sleep in my car out the way.
    Is there no way I could plead guilty and pay a maximum fine and do unpaid work and not get banned?
    I have no sympaphy for myself but it was a stupid mistake what will ruin the rest of my life I realy cant afford to lose my job. I have already lost my partner of 10yrs and this will just push me over the edge

  4. #4
    price1367 is offline TTC Group Associate Director
    Join Date
    Oct 2012
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    Telford, Shropshire
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    Default Re: Been caught drink driving and need advice

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    The magistrates have no discretion to increase the fine or give community service instead of a ban. The guidelines for 52 are 12-16 months. If you had slept in your car you could still have been prosecuted for “drunk in charge” of a motor vehicle if you were found, but then the ban would have been discretional.
    If you only drove 40-50 yards then you could Ague for “special reasons” to not disqualify. The magistrates consider how far you drove. Had you stopped at your destinationtion when the police arrived or were you still driving? If you were still driving then it is hard to show that you were about to stop. They would consider how many members of the public were in the area, and they would also consider the reason that you drove and if it was necesSary, and worth putting people at risk. Why could you not have walked away instead of driving? I think that in the circumstances that you have described it is almost certain that they do not amount to “special reasons”
    the last thing is that to plead special reasons, you plead guilty to drink driving and it is on your record. That may well put an end to your bus driving career anyway.

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