1st time offence

Convicted Driver Insurance

GarethMyers

New Member
Hi Sean, hope your well. Last night I went out with some friends for a few drinks, upon going back to his house a fight broke out so I decided I wasn’t staying there and got in my car as serious things could’ve happened. On the way home I clipped a curb causing my passenger side wheel to buckle. I contacted the RAC to get my car towed away & was told it will be a 2/3 hour wait. The car wasn’t drivable so I just sat in it with my hazards on. I also contacted my parents to let them know the situation, to which they arrived at my car shortly after. As my dad and myself were trying to push the car into the lay-by ( Mum sat in drivers seat trying to steer ) a police car approached us asking what had happened and if everything was okay? I explained it was my car and that id marked a curb and car had come to a standstill. He asked me if I had been drinking, to which I replied yes. I provided a road side breath test of a reading 91, but the officer said there not that accurate, it’s just a indication or a pass/fail mark? So I got taken to the police station, was very polite with the people, responsive and as helpful to them as I could be. I then got placed on the breathalyser to which my lowest recording was 66. I’ve been told I have a court hearing, and I’m worried of the outcome. As this is my 1st ever dealing with the police, I’m hoping they’ll take that into consideration & see me for the decent family man I am. I really depend on my car licence for my children, and work life.

Would I need to get a solicitor at my court hearing, or do they provide you with one, as I didn’t ask for one in my interview when with the police.

Thanks for taking the time to read this, I look forward to your relly

Kind regards

Gareth
 
Also, I have been doing my research, and please correct me if I’m wrong? But the side air bags deployed on impact, and I read that by law the police have to take you to hospital to be attended to? And at the Police Station, the officer is to go through a big booklet with you or some kind form ( got told it should take 15/20 minutes to get through )

None of the above occurred, is this something I could use in my court hearing?
 
A breath reading of 66µg at the police station, falls within the second sentencing bracket out of four for the offence of driving with excess alcohol.

This means that you would be liable for a driving disqualification ranging from 17 to 22 months and either a Band C Fine or a low level community order. The fine would be from 125% - 175% of your relevant weekly income, or the court may impose a low level community order. If you enter a guilty plea at the first available opportunity, you will receive a reduction of up to one third in this stage of the sentencing.

As this is a first offence, you may also be eligible for a drink driving rehabilitation course, which can reduce your disqualification by 25%. In addition, you circumstances can be forwarded to the Court to ask them to consider the lower end of the sentencing scale.

In relation to the roadside, you may wish to consider when you admission to driving was made. If this was before you were cautioned for the offence of driving with excess alcohol, then there may be an opportunity to have this admission withdrawn from the evidence available. It also sounds like there may be other issues relating to the procedure at the police station that could amount to potential defences. This is not a straight forward route to pursue, however, if you wish to discuss this in more detail, please do not hesitate to contact a member of our motoring team.

In relation to a solicitor at court, a duty solicitor may be available. However, this cannot be guaranteed as they tend to address cases where the person is at risk of custody.

Should you require more detailed advice and / or representation at your court hearing, you can contact one of our team on 0333 200 9857.
 
I’ve been to see a solicitor and he’s advised me to plead guilty, which I had every intention to do that anyway as I’m a honest person & certainly have learned from my mistake.

I was hoping you could help me out, as I was wondering if I was to get given a 17 month ban, am I able to drive again once the ban is served? Or do I have to retake my driving test?

Gareth
 
An extended retest is not commonly ordered for an offence like this. There does not appear to be sufficient circumstances. This sort of case is usually dealt with by way of a straight forward ban meaning you would apply for your licence at the end of your ban but would not have to re-take a test.
 
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