2nd time caught within 10 years but 3rd time overall

Convicted Driver Insurance

jamieb977

New Member
Hi just wondered what im looking at here, i was first done for DR10 back in 2006 where i received 12 months ban with the course option taking it down to 9 months, i was then stupidly caught again in June 2009 where i then received 3 years and was classed as HRO so had to do a medical which i passed no problems. now roll onto Dec 2018, i had about 6 pints then went to a hotel room with a couple of friends ended up leaving about 6am and decided to drive home instead of getting a taxi as i felt alright duh. i remember feeling really tired and my eyes were closing and opening, next thing i knew i had hit a parked car the airbags deployed and a women that was following me had my door open asking if i was alright and that she could smell alcohol. i then decided to leave the scene and actually got about 2-3 miles away before police found me, i then complied fully with them and blew 80 at roadside. I was taken to hospital (no injury's) and a specialist police officer took my blood which was about 08:30, in the interview i was informed both cars were a write off plus the one i hit domino-ed into another causing damage. i basically told the police i panicked that's why i left the scene and i admitted to having 4 pints earlier in the evening and thought i was fine to drive.

its occurred to me that the blood was taken a good 1.5 to 2 hrs after the breathalyser so reading should be lower i would think, i know it will be a minimum 3 years ban but is it likely to be a lot more due to leaving the scene and 3rd time in 13 years. im currently released under investigation, charges are unfit to drive and leaving scene, no charge of dangerous or driving without due care i think due to the womens statement that had been following me for several miles saying she thought my driving was fine.

Thanks for any replies
 
The conviction from 2006 does not have an impact on the mandatory minimum ban but practically, it may impact the mind-set of the court. For a second offence in 10 years the ban can be anything from 3 years to 5 years depending on the reading. The failing to stop after an accident is certainly an aggravating issue but may be more likely to impact on whether a community order is imposed rather than a fine alongside the ban. Once you know the reading and the exact charges, more specific advice can be sought.
 
thanks for your reply i will update when i receive anymore info from the police, seems to be taking a long time seeing as it was over 6 weeks ago now but i guess that's due to police resources these days.
 
It can take anything up to 6 months for a charge to be laid for this type of offence unfortunately. The police may receive all of the information they receive a lot sooner than that though. It is unlikely to take anywhere near 6 months in most cases but it is unfortunately a waiting game.
 
Hi finally received my charges via postal requisition, there are 2 charges as follows.

Driver of vehicle failure to stop after a road accident - (part of the wording) An accident occurred whereby damage was caused to another vehicle (car1) (car2) (car3) (car4), failed to stop contrary to section 170(4) and schedule 2 of road traffic offenders act

Drive motor vehicle when alcohol above limit - Namely 172 milligrams of alcohol in 100 millilitres of blood.

so i understand the reading combined with 2nd offence in 10 years means a range of ban between 36-46 months, the bit Im worried about is the failure to stop at scene of accident, damaging 4 cars in the process. any idea of a likely sentence please, i should add i work part time and dont have that much of a disposable income so i guess community service is more likely. many thanks in advance
 
A determination of whether the offence warrants a fine or community order is based on the severity of the offence and surrounding circumstances rather than your financial circumstances. Your financial circumstances are used to consider the level of fine if that is deemed to be the appropriate penalty.

An allegation of failing to stop after an accident can, in very serious cases, lead to a ban alongside a community order or prison sentence. On the face of it there will not be any separate penalty imposed for the failing to stop allegation but it will aggravate the drink driving sentence. It will likely mean that the court will consider a community order as a starting point for the punitive element of the penalty.
 
thank you for the reply, i am thinking of representing myself i dont know if you think that is a good idea but i want to explain things myself to the court and show remorse, i was wondering if i can ask for the drink driving rehabilitation course again as i did do it back on my first conviction which was 2006 but that was 13 years ago. also is it a good idea to try to go into the impact of not being to drive will have on myself and others
 
You can certainly represent yourself. The drink driving rehabilitation course can be offered a second time. I would suggest thinking of reasons why it would be relevant, for example, a refresher of the education offered given 13 years since the last course attended could be a useful point. It is a difficult balance in relation to advancing points concerning the impact of a ban. Whilst it can be potentially helpful in guiding the court, it can potentially aggravate a bench of magistrates who are bound by guidelines and consider the offending history as part of that. This should not be your main point but it is an important issue to raise.
 
I will bear all of that in mind and not dwell on the impact to much. i will report back with the outcome, thanks for the advice
 
just to let you know i did represnt myself and was successful in getting the course, banned for 40 months which will be reduced to 30 on completion. £170 for fine and costs, 12 months probation and 200 hours unpaid work, not a bad result i think in terms of the ban time, thanks for your advice
 
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