...and what punishment will my friend face?

Convicted Driver Insurance

stupid driver

New Member
Hello,

thank you for the advice on my case but i am writing on behalf of a friend who has also recently been caught drink driving.

he produced a breath result of 74mcg and plead guilty at the station and is due to attend magistrates court in 3 weeks and will plead guilty.

He has 3 points on his license from a speeding offence in 2007 (for what it's worth it was due to momentary lapse on concentration and was only over the limit by about 6mph and was automatic points). Has had others previously but have now expired form his licence. (will they be counted?)

No other convictions.

Could you please let us know what punishment he is likely to face please?

Mitigating circumstances:

1) Drink driving is out of character: extensive work in emergency healthcare setting for the NHS (always worked in NHS Hospitals/Emergency deprtments) and is acutely aware of dangers of drink driving. Can get character references but wishes to limit the number if possible as does not want to let many people know due to the shame of it. (how many would be needed if at all helpful?)

2) deeply remorseful and ashamed

3) Had not planned to drink drive. Having driven to the venue he had parked his car somewhere where it could be left until the next evening i.e. when sober. He only retrned to the car to collect headphones for his MP3 player for the bus journey. Only at the car did he take the stupid decision to drive after thinking he had drunk less than he had and the journey time is 10mins (mainly due to traffic lights as only one 400m section is busy road which often has heavy traffic). He accepts that he was not in the condition to make that decision and should have stuck to his plans .......but he was obviously not fit to decide.

4) He is recently on JSA without any savings now and lives at home.

What do you think he is likely to face in court? Could he get a custodial sentance? Can he get legal aid for representation?

Thank you for any advice/information you could give him like you gave me.
 
also the three points on his licence are due to be off his licence soon

i forgot to mention that the 3 points should have been coming off of his licence very soon.

Would that also be taken into condsideration? or will the expitred pints ofset that?
 
Thanks for your post.

Your friend needn't worry too much about the points on his license. Obviously it is always best if a defendant has a clean license, but the Court will be more concerned with the breath alcohol reading when determining the sentence.

With a reading of 74ug, assuming your friend has no previous convictions for drink driving, he will be liable for a disqualification of 17 - 22 months and a fine. He should be offered the drink driving rehabilitation course, the successful completion of which will reduce his disqualification by 25%.

A custodial sentence is not within the sentencing guidelines for a reading of 74ug. Custody will only normally be considered with readings above 119ug.

The Court would only consider a custodial sentence with a reading of 74ug if there were significant aggravating features or the defendant had a considerable number of previous convictions.


Kind regards,


Carl Johnson
Drink Driving Solicitor
On behalf of Sean Joyce
 
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Sorry but one more query has come up.

What exactky does disqualification mean exactly?

Does it mean that he/we will be able to drive immediately after the DQ ends or could he/we lose our licences completely and have to do a re-test in order to gain a new licence?

The only difference that we can see between us being that he has 3 points on his licence due to be removed in the next month or two and my licence is clean.
 
A disqualification for an offence of driving with excess alcohol does not carry a requirement for a retest so once the disqualification has expired, you are eligible to drive.

You will however be required to apply to the DVLA for your driving license to be returned to you before you are able to drive.

If you failed to do this and then drove a motor vehicle you would commit an offence of driving otherwise than in accordance with a license.


Kind regards,


Carl Johnson
Drink Driving Solicitor
On behalf of Sean Joyce
 
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