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88ml of alcohol in breath

I was caught after I crashed into some parked cars, no one was injured. I was arrested and admitted it was my fault straight away. I spent the night in a cell and am due to appear in court on 16 Feb, I intend to plead guilty.

I just don't know whether to instruct a solicitor or use the duty solicitor.

My first ever criminal offence and drink driving offence.

I had been at a friends house and her bf started pushing her around and then smashed up the kitchen then left. I tidied up and comforted her for about half an hour before I made the stupid decision to drive under 1/3 of a mile away to the shop to buy cigarettes as we were both very shaken and in shock. I only got a few hundred yards away before I lost control of the car.

I didn't really feel drunk, I think this may be due to my change in anti depressants that they somehow subdued the effect of alcohol as they make me feel very buzzy, and even the officers at the station said I didn't appear drunk. It was only cos I smelt of alcohol that they knew I had been drinking.

I also care for my registered disabled mother and I am a single mum to a young boy.

All of this is on my police statement.

Do I have any chance at all with these circumstances of reducing my sentence - would it even be better if I represented myself?


Michael Lyon

Road Traffic Solicitor (Scotland)
Dear Sharon,

Thank you for your enquiry.

We reply with the caveat that your case is based in Scotland.

Drink-driving offences are treated very seriously by the Court. The minimum period of disqualification for such an offence is 12 months. The Court may also impose a fine of up to level 5 (presently £5,000) and/or up to 6 months' imprisonment.

Your breath alcohol reading is fairly high. Thus, the likely starting point for disqualification would be 18-24 months. If you tender a plea of guilty at the earliest possible opportunity, then the Court ought to reduce your sentence by up to one third. You can also expect to be fined in relation to this case. The level of fine will be determined by your income, culpability and the amount that your breath alcohol reading was in excess of the relevant limit.

If you were stopped before 05 December 2014, the limit was 35ug in 100 ml of breath (approx twice the limit); if you were stopped on/after 05 December 2014 then the applicable limit is 22ug per 100 ml of breath (approx 4 times the limit). If you own the vehicle and you were stopped on/after 05 December 2014, it is likely that the Crown would move for the forfeiture of the vehicle.

There may also be an accompanying charge of careless driving (3-9 penalty points or discretionary disqualification), relating to the collision with the parked vehicles.

We would recommend in the circumstances that you do not represent yourself. You should seek the advice of a solicitor (preferably an experienced road traffic lawyer).

Should you wish to discuss matters, please do not hesitate to contact our office on 0141 550 1074.
Hi Michael, thanks for you swift response.

I actually posted in this forum in error and couldn't work out how to delete it.