Blowing 139...

Convicted Driver Insurance

Rebeccal

Member
Hi

I've been a member for a couple of years now after my own dd conviction.
Tonight, following years of alcoholism and domestic abuse my aunt was arrested for drink driving after someone reported her driving erratically.
I know that neither of these things are a defence and she will get a hefty punishment, and quite rightly, but I'm just looking for a little advice.
She blew 159 at the roadside. It is her first offense. What is her likely sentence and ban? I know when I blew 97 I got a 23 month ban so I know it will be pretty hefty.
Also, she is a deputy head teacher, with this conviction is she likely to lose her job?

Many thanks for any help

Becky
 
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She needs to get a solicitor ASAP - she will be entitled to legal aid as the court will be considering custody although to be honest a decent solicitor may well cost more than legal aid rates. Bearing in mind the impact she may want to ask the solucitor to review the evidence to see if there is any wiggle room. Unethical perhaps but she has a lot to lose.

For 120-150 the suggested sentence is 12 weeks custody, with a suggested range of high level community order to 26 weeks custody. The fact her driving was so impaired a member of the public reported her will be an aggravating factor.

In reality if she does receive a custodial sentence then it is likely to be suspended but she certainly should not rely on that.

Regarding her job that is a matter for her school and, one would imagine, governors. Although the offence in itself may not merit dismissal there is a very high chance the local paper would pick up the story, and in that situation the governors could well view her position as untenable.

If she is applying for future jobs she will need to declare the conviction.

Other than appointing a solicitor assuming she has a problem with alcohol she should seek immediate help from her GP or charity. If she is engaging fully with help that should make the court less minded to give a custodial sentence, because the purpose of custody is primarily to protect the public by preventing them from driving.

I am probably preaching to the choir but this is a serious criminal charge and she must recognise that.
 
She needs to get a solicitor ASAP - she will be entitled to legal aid as the court will be considering custody although to be honest a decent solicitor may well cost more than legal aid rates. Bearing in mind the impact she may want to ask the solucitor to review the evidence to see if there is any wiggle room. Unethical perhaps but she has a lot to lose.

For 120-150 the suggested sentence is 12 weeks custody, with a suggested range of high level community order to 26 weeks custody. The fact her driving was so impaired a member of the public reported her will be an aggravating factor.

In reality if she does receive a custodial sentence then it is likely to be suspended but she certainly should not rely on that.

Regarding her job that is a matter for her school and, one would imagine, governors. Although the offence in itself may not merit dismissal there is a very high chance the local paper would pick up the story, and in that situation the governors could well view her position as untenable.

If she is applying for future jobs she will need to declare the conviction.

Other than appointing a solicitor assuming she has a problem with alcohol she should seek immediate help from her GP or charity. If she is engaging fully with help that should make the court less minded to give a custodial sentence, because the purpose of custody is primarily to protect the public by preventing them from driving.

I am probably preaching to the choir but this is a serious criminal charge and she must recognise that.


Many thanks for this. It's roughly what I thought but it's always good to get someone else's view.
Thank you again
 
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