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3rd time drink driving offence in 16 years

#1
On Friday 25th May, I was arrested for Drink Driving. This is my 3rd offence. I was first convicted in 2002 where I received 11 month ban and went on the rehabilitation course. I was again convicted in 2010 and was given a 3 year ban and 60 days community service plus court costs. I am due in Court on the 25th June and really do not want a custodial sentence. I am really worried about this and have contacted a local solicitor with whom I am waiting for somebody to call me back. I am on JSA and have been told because of a possible custodial I could be eligible for help with costs.

I am aware that if one is convicted 3 times within a 10 year period that this will result in a probable custodial but mine has been within a 16 year period and I am hoping that I will be given community service. I am aware that I will no doubt be given a long ban longer than 3 years. Please can I have some advise on this it would be much appreciated.
 
#4
I am also going to be writing a letter to the court giving my full remorse etc. I have been given a legal aid form which I am going to be filling out and returning.
 
#5
I see that you have already had advice from Sean on another post on here. I would just add that you will be getting a minimum 3 year ban.
 
#6
Re: 3rd time drink driving offence in 16 years UP DATE

Went to court today and have come out a very happy bunny. Okay! I got a 3 year ban which I expected and a fine of £235.00 which I have to pay in instalments. I was expecting a community order too but was not given one which I am pleased about.

My fine was increased a bit in order to keep my ban at 3 years. I was told by the magistrate (A lady and a very nice smiling lady) that she could have increased the ban but because of my letter etc she kept it a 3 years.

Towards the end of the court the magistrate and I had a bit of banter going on and we actually laughed a little which have to say made me more relaxed.

Now I need to get on with my life and move forward and use public transport for the next 3 years. I did it 8 years ago and actually 3 years goes quite quickly.

At the end of it will have to have another medical which I know I should pass, before I get my licence back again and I can DEFINATELY say I will NEVER EVER mix alcohol and driving again!!!!

It has taken 3 times to drum it in to me and I have learned my lesson definately now.
 
#8
Nop!!! This is GOING TO BE THE LAST, I was such a nervous wreak and am getting too old for it to happen to me. and within 2 years of getting my licence back I will be eligible for a bus pass so no need to drive except for shopping etc
 

JayJay46

Active member
#9
I have been convicted of DD 3 times as well m8, my last time was about a year after I got licence back from the 2nd ban, they said because it was so close and such a short time from my last ban and getting my licence back I should be looking at custodial said the magistrate but they gave me another 3 year ban and fine and probation I guess it all depends on the magistrate you get at the end of the day.
 
#10
Hi. Any chance you can share your letter you wrote to the magestrates? I’m due in court on the 10th July and it’s my 2nd offence so really nervous about custodial sentence. Cheers
 
#11
I can but I will have to remove bits that are only relevant to myself as they will not be any use to yourself. Send me a private message via here with you Email and I can see what I can do. Out of interest is your second time within 10 years ? And where are you going to Court, put all this in the private message for me not on this.

Regards

John :)
 
#14
So this is basically, the letter that I wrote to the Magistrates, I have taken out anything that was relevant to myself.

==============================================================================================================
Dearmagistrate(s)
Firstly, Iam so very dreadfully and painfully sorry for me to be attending in front ofyou here today, due to the circumstances that happened to me on the night inquestion.
Whathappened was a horrendous mistake due to a lack of judgement and common sence,for which I am most truthfully and truly remorseful.
I am very awarethat I have broken the law and offer my most heartfelt and sincere apologiesfor what has occurred and what I have done.
I feel sovery ashamed, angry, annoyed and embarrassed with myself and I greatly feelthat I have lost my self-respect, dignity and self-worth and it will take aconsiderable amount of time, for me to feel able to regain them fully and Ihave also let people down.
I am not atall proud of what has happened to me or what I have done. And wish so much thatit had never happened.
I keeppunishing myself for what has happened and will continue to do so for a longtime to come. It is going to take a long time for me to get over this and I willnot forget the awful mistake that has occurred.
I hope thatover the many months and years moving forward with my life, I can put thiseventually behind me and NEVER EVERhave it happen again to me, or even allow myself to be put into this situationagain.
Once again,I most sincerely apologise for the wrong that I have done and hope to amend thewrong and make myself a much better person.
I hope thatyou will take this letter into consideration
I am yoursfaithfully, humbly and remorsefully.

============================================================================================================================

As it is your second offence in 10 years the minimum ban that you will get is 3 years. you will now be classified by DVLA as a High Risk Offender (HRO) and at the end of your ban you will be required to have to go for a medical and blood test before you can drive again, this will be my second time for the medical and will be my last.

You are also most likely to get both a fine and/or Community service.

The amount of alcohol in the blood it either 116 mg or 120mg before the magistrates will consider custodial sentences although, I was told at Southend magistrates court that it was rare to have a custodial sentence but then courts can vary wildly and of course It depends on who you get on the bench.

Have you done the Rehabilitation course when you were first convicted ? If so, they will not offer it again. If not ask for it, as it will reduce the ban.

I hope that this helps, try not to too worried and come across as remorseful and sorry as you can as you can.

Are you being represented ?

Let me know how you get on

Regards

Johnboyb77

 
#15
Really appreciate that.

Ye I’ve been advised that custodial sentence is looked at if breath of 120 and luckily I’m just under. I hope if they consider that then it’s suspended.

One thing I’m worried about is on my charge form it says that basically I was on a road and blew 114. Doesn’t state if I did anything else wrong but I imagine if I had it would state on the charge form.

Ye got a solicitor which is charging me a fourtune but wouldn’t feel confident on my own if they started talking about custodial sentence. Just hope if it looks that way the solicitor can argu to keep me for going inside.

Worst thing I’ve done is research it. As you get some that have been caught once and sent down and then some where they’ve done it 3 times and just got fined.

Got all character references and stuff. I’m just hoping that with been the main provider for my family and I’m never in trouble and already started talking to company regarding drinking habits that it all goes in my favour.
 
#16
If, for example, the police saw you weaving about on the road then that would not form a part of the charge, it would be read out in the circumstances of the offence that is read to the magistrates by the CPS. If you were speeding or had a fault with your car similarly that would be read out to the magistrates or if it was sufficiently important it would have been the subject of a separate charge. As it isn’t, you can be confident that you will be only sentenced for the one offence, with the court being made aware of any ‘aggravating circumstances’.
The job of your solicitor is to then put forward and “mitigating circumstances” and the magistrates then can make a balanced decision of how to sentence you. It will not involve a custodial sentence from what you have said.
 
#17
Got 52 month ban and 1600 quid fine.
Magestrates were arse holes to be fair and wanted to discuss pushing me up a bracket in sentenceing but luckily they didn’t.
 

hewl

Well-known member
#18
Got 52 month ban and 1600 quid fine.
Magestrates were arse holes to be fair and wanted to discuss pushing me up a bracket in sentenceing but luckily they didn’t.
They discussed pushing you up a bracket but didn't?? Hardly being aholes then! Quite the opposite
 
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