Caught after mental breakdown

[MrsH1981]

Hi,
I have mental health issues (severe depression and anxiety) and the night I was arrested I drove after having a huge panic attack/break with reality about needing to get milk (sounds ridiculous I know). Do the courts ever take mental health issues etc into consideration when convicting and sentencing? I had an issue with my meds on top of the alcohol which is now sorted and I’ve not drunk anything since. I have had a number of issues such as bereavement, marriage breakdown, job loss (due to Covid) and financial issues in the last few months (plus lockdown obviously).

I only spoke to someone in the cell just after I was arrested........is this typical? I was still in panic mode so just remember talking and talking. Obviously I was still under the influence at this point.

 

[TCB1989]

Hi Mrs H.

That sounds like a tough break, In all honesty no mental health will not play a part in not receiving a ban or the courts going easy on you. The only thing I suggest is mitigation, letters from family, friends and former employers/professionals on your behalf.

Were you drinking and driving? if so what did you blow? blood tests show etc, this is a major factor in the sentence you will be passed, if this is a first time offence i know that there is slim to no chance of prison, however depending on results if your are classed as a high risk offender this affects the length of the ban and fine etc.

 

[Louise 73]

I don't usually comment but this one touched me because it's so similar to my situation. What was your reading? Unfortunately the guides are what they are and the is no flexibility however a magistrate may be lenient and give you the lowest of the sentencing bracket when taking into account what you have described. It's so horrible, I know. I'd been having personal problems, was borderline getting through the day with my depression (no alcohol) then lockdown just came and finished me. I have court next month. Do you have a date yet? I really do feel your story

 

[TCB1989]

I don't usually comment but this one touched me because it's so similar to my situation. What was your reading? Unfortunately the guides are what they are and the is no flexibility however a magistrate may be lenient and give you the lowest of the sentencing bracket when taking into account what you have described. It's so horrible, I know. I'd been having personal problems, was borderline getting through the day with my depression (no alcohol) then lockdown just came and finished me. I have court next month. Do you have a date yet? I really do feel your story

Good luck in court Louise!!

 

[MrsH1981]

Hi Mrs H.

That sounds like a tough break, In all honesty no mental health will not play a part in not receiving a ban or the courts going easy on you. The only thing I suggest is mitigation, letters from family, friends and former employers/professionals on your behalf.

Were you drinking and driving? if so what did you blow? blood tests show etc, this is a major factor in the sentence you will be passed, if this is a first time offence i know that there is slim to no chance of prison, however depending on results if your are classed as a high risk offender this affects the length of the ban and fine etc.

I figured that would be the case. I’ve made my peace with losing my license but my anxiety is ramping up the closer I get to court.
Yes I was drinking and blew a 68. I’ve never even got into the car after one drink before but I know a ban is mandatory.

 

[MrsH1981]

I don't usually comment but this one touched me because it's so similar to my situation. What was your reading? Unfortunately the guides are what they are and the is no flexibility however a magistrate may be lenient and give you the lowest of the sentencing bracket when taking into account what you have described. It's so horrible, I know. I'd been having personal problems, was borderline getting through the day with my depression (no alcohol) then lockdown just came and finished me. I have court next month. Do you have a date yet? I really do feel your story

I am the same. I had finally got my mental health under control in February when my marriage broke down then lockdown hit! My court date is 16th of July. You? I hope it goes as well as can be expected. X

 

[TCB1989]

I figured that would be the case. I’ve made my peace with losing my license but my anxiety is ramping up the closer I get to court.
Yes I was drinking and blew a 68. I’ve never even got into the car after one drink before but I know a ban is mandatory.

Well, luckily the main thing is you dont fall into the high risk offender category, like ive mentioned before for court just get lots of mitigation about your good character from family, friends, work colleagues, bosses etc, also make sure you ask or make sure you are offered the drink driving awareness course, this can lower your ban by 25% on completion

 

[MrsH1981]

Well, luckily the main thing is you dont fall into the high risk offender category, like ive mentioned before for court just get lots of mitigation about your good character from family, friends, work colleagues, bosses etc, also make sure you ask or make sure you are offered the drink driving awareness course, this can lower your ban by 25% on completion

Thanks. Do you know how much the course costs? Will I have to pay for it on the day? Just trying to be prepared.

 

[TCB1989]

I paid around £130, the court gave me a leaflet with a number of venues and companies I could do the course with. They usually have locations nationwide.

This will all have to be done by yourself after your court hearing, you are usually given a date when you have to attend the course by. its a costly mistake both emotionally and financially drink driving I know one thing I will never make this mistake ever again.

Easier said than done but try your best to stay positive!!

 

[MrsH1981]

I paid around £130, the court gave me a leaflet with a number of venues and companies I could do the course with. They usually have locations nationwide.

This will all have to be done by yourself after your court hearing, you are usually given a date when you have to attend the course by. its a costly mistake both emotionally and financially drink driving I know one thing I will never make this mistake ever again.

Easier said than done but try your best to stay positive!!

Thanks. I’m trying to look to the positives. I’ve got my meds sorted as they were all wrong and I haven’t touched a drop since. Might be a blessing in disguise in some ways, as much as it sucks! Obviously I’m still mortified and angry with myself and would change it in a heartbeat but what’s done is done I guess.

 

[January]

The courts gave me TCC & you have to wait for your letter from the court for the number
I phoned & asked where they ran them & selected a city as I thought more chance if it running - also had more dates
Paid ASAP asgot dis punt paid on credit card - at least get tesco points same for my fine which was in 4 figures!!!
I did mine ASAP which was February thankfully as Pre lockdown

 

[MrsH1981]

The courts gave me TCC & you have to wait for your letter from the court for the number
I phoned & asked where they ran them & selected a city as I thought more chance if it running - also had more dates
Paid ASAP asgot dis punt paid on credit card - at least get tesco points same for my fine which was in 4 figures!!!
I did mine ASAP which was February thankfully as Pre lockdown

Ah ok.
I dread the fine. I feel like it might all finish me off!

 

[Sadcow99]

I am in a similar dilemma and really do feel for you. I have court next month, blew 66, had a few drinks 7-10pm, went to bed to be woken by neighbour shouting and slamming door and fled as I panicked at about 1am. I only moved 8 weeks ago to escape ex partner who i have to face at trial next year, moved because the stress was killing me, now have a new aggressive confrontational neighbour who i have report to police and housing, housing investigated and off the record accept they shouldn't of placed me here as all my neighbours are male. Police haven't bothered, even though i rang several times to report abuse and neighbours confrontalional behaviour, so I didnt tell police when I was stopped as feel so let down by them here. Been here 8 weeks with no support, waiting for MH diagnosis as believe i have complex PTSD, also was told 7 weeks ago i would be appointed a new IDVA by victim services, despite alot of calls, I was only appointed one last thursday, moved rural and services are awful, no friends or family or support, don't know the area at all and im not coping. Been under domestic violence/abuse services for months before moving and was told I would be supported but feel so isolated and let down, like I keep falling through the net, to lose my licence will be so so tough for me, my fault i know, I wasn't entirley sure if I was over limit, felt ok just tired. To top it off worrying I may be in the paper, thus my ex partner who i have a restraining order against my find my location. Truly not enjoying life one bit.

 

[Honestman]

Drink Driving Penalty
Details of offence as provided by you:

• Specimen Type: breath
• Alcohol Level: between 60 and 89
• No previous relevant convictions within the proceeding 10 years
• You have not been disqualified two or more times for 56 days or more within the proceeding 3 years

Based on the information you provided above, upon conviction of driving with excess alcohol, Magistrates' sentencing guidelines suggest:

• A driving disqualification of 17 - 22 months; and
• A Band C Fine and/or a low level community order

Possible High Risk Offender
If the level of alcohol in your system exceeded 87.5 microgrammes per 100 millilitres of breath, or 200 milligrammes per 100 millilitres of blood, or 267.5 milligrammes per 100 millilitres of urine you will be classed as a high risk offender.

High risk offenders are required to take and pass a DVLA Medical before their driving licence will be returned to them upon expiration of their driving driving disqualification.
Drink Driving Rehabilitation Course
All courts usually offer first time offenders the opportunity to take the drink driving rehabilitation course. A court may allow an offender to take the course a second time where there is a good reason to do so. Offenders will not usually be offered a chance to take the course for a third time. Completing the course can reduce any disqualification period imposed by up to 25%.
Enter New Information

 

[MrsH1981]

I am in a similar dilemma and really do feel for you. I have court next month, blew 66, had a few drinks 7-10pm, went to bed to be woken by neighbour shouting and slamming door and fled as I panicked at about 1am. I only moved 8 weeks ago to escape ex partner who i have to face at trial next year, moved because the stress was killing me, now have a new aggressive confrontational neighbour who i have report to police and housing, housing investigated and off the record accept they shouldn't of placed me here as all my neighbours are male. Police haven't bothered, even though i rang several times to report abuse and neighbours confrontalional behaviour, so I didnt tell police when I was stopped as feel so let down by them here. Been here 8 weeks with no support, waiting for MH diagnosis as believe i have complex PTSD, also was told 7 weeks ago i would be appointed a new IDVA by victim services, despite alot of calls, I was only appointed one last thursday, moved rural and services are awful, no friends or family or support, don't know the area at all and im not coping. Been under domestic violence/abuse services for months before moving and was told I would be supported but feel so isolated and let down, like I keep falling through the net, to lose my licence will be so so tough for me, my fault i know, I wasn't entirley sure if I was over limit, felt ok just tired. To top it off worrying I may be in the paper, thus my ex partner who i have a restraining order against my find my location. Truly not enjoying life one bit.

I know it’s hard but try not to worry. Use it as a good time to sort your head out and maybe stop drinking.
My day in court was stressful but more because I was embarrassed. You will get a ban so the sooner you get your head around that the better. I tried to defend myself but feel I made it worse and ended up with an 18 month ban.

 

[Sadcow99]

I know it’s hard but try not to worry. Use it as a good time to sort your head out and maybe stop drinking.
My day in court was stressful but more because I was embarrassed. You will get a ban so the sooner you get your head around that the better. I tried to defend myself but feel I made it worse and ended up with an 18 month ban.

I haven't drank since and I don't want to, turst me, I hope I get some help but guess your right, I will get a ban so I have to accept that, also embarrassed, I am speaking to a solicitor in the week as can't defend myself, i'll not be able to stop crying, im so emotional all the time anyway due to all my other problems

 

[MrsH1981]

I haven't drank since and I don't want to, turst me, I hope I get some help but guess your right, I will get a ban so I have to accept that, also embarrassed, I am speaking to a solicitor in the week as can't defend myself, i'll not be able to stop crying, im so emotional all the time anyway due to all my other problems

Ask to do the course. You can have a reduction of 25% off your ban.

 

[Deleted member 13184]

I find it incredible in our current world that the only offence "mental health" is not considered in mitigation is, drink driving. The huge majority of the time, alcohol abuse or dependency is a symptom of the bigger picture, not the cause of the mental health issue. A psychosis of some kind will often be offered up as a mitigating factor of assault or murder. Our world has moved on to the point of, I can identify as a TREE, and if anyone says otherwise they are discriminatory. And yet our archaic judiciary are bound at the wrist by metre and rhyme. Listen I understand completely, the can of worms it would open if mental illness could get you "off" a disqualification. There would be a mental health epidemic I'm sure. However, could we not actually confirm a defendant as clinically diagnosed with mental health issues? I'm sure that would be easy enough. Look at it this way. Here we have a man/woman before us. Circumstances, caught drink driving. We look at their social, professional lives, medical history etc. We find that they are indeed mentally ill, their medical records 100 percent back this up. They are at the very bottom of a dark hole. Nothing left. And yet our answer is, I'm taking your licence from you, I'm taking your livelihood, your going to lose your house, and socially you will be ostracised. You may even lose your kids, and we are going to make sure everyone knows, because the press will make sure of it?
We are as good as putting a rope around your neck.
Why don't we, as humans, have some empathy. Why don't we take another course. Clarify their illness, what can we do about it. Remove driving entitlement for say 3 months. Every day or week they are breath tested for alcohol, or randomly. You get one chance and one chance only. We live in a snowflake world where almost anything can be supported or understood. Blanket bans for drink driving is archaic. I get it. Some really do deserve it. And if someone is guilty of repeat offending or causing death or injury from dangerous driving, or does not fit the criteria for preemptive action ie mental health, then by all means apply the letter of the law. Every case on its merits, like most other crimes. Not a broad brush stroke blanket mentality.
Just my two penneth.

 

[C J 1980]

Stephen

I get what you are saying but drinking driving is an 'absolute' offence. In many cases, such as ones involving issues with mental health - a ban is necessary to protect not just yourself, but other people as well.

Aside from alcohol consumption, people can use vehicles to deliberately kill themselves and others, and there has to be a safeguarding mechanism to protect everyone.

I suffered from mental health problems up to my ban (and for a few months afterwards). I was depressed, fed up and drinking dangerous amounts of alcohol. The ban maybe had to happen for my own sake, before I killed either myself or another person.

Fortunately, the ban helped put things into perspective for me. I lost my job as a result of the conviction, but it was a job I hated and was making miserable.

Fast forward two and a half years - I am doing a job that I enjoy now, I'm finally back on the road and I've haven't drank alcohol since the summer of 2019.

Life isn't great - far from it, but I am in a much better place than I was at the time of my arrest and conviction.

I have learned a great deal from life as a result of the DUI conviction and although my mental health is much better now, I don't take anything for granted.

I do know, if I hadn't have been stopped and nicked in February 2019, I would have carried on down the dark path and invetibly, I would have been arrested for the DUI offence at some point further down the line.

The point I'm making is that a ban is necessary to stop us in our tracks if life is becoming that bit unmanagable.

Losing a job, or not being able to pay the bills is bad, but it is nowhere near as bad as facing a prison sentence for causing the death of a pedestrian. A ban is vital to stop this happening if the driver is struggling with their own lives at present.

Thats my thoughts anyway.

CJ

 

[MaryM123]

Stephen

I get what you are saying but drinking driving is an 'absolute' offence. In many cases, such as ones involving issues with mental health - a ban is necessary to protect not just yourself, but other people as well.

Aside from alcohol consumption, people can use vehicles to deliberately kill themselves and others, and there has to be a safeguarding mechanism to protect everyone.

I suffered from mental health problems up to my ban (and for a few months afterwards). I was depressed, fed up and drinking dangerous amounts of alcohol. The ban maybe had to happen for my own sake, before I killed either myself or another person.

Fortunately, the ban helped put things into perspective for me. I lost my job as a result of the conviction, but it was a job I hated and was making miserable.

Fast forward two and a half years - I am doing a job that I enjoy now, I'm finally back on the road and I've haven't drank alcohol since the summer of 2019.

Life isn't great - far from it, but I am in a much better place than I was at the time of my arrest and conviction.

I have learned a great deal from life as a result of the DUI conviction and although my mental health is much better now, I don't take anything for granted.

I do know, if I hadn't have been stopped and nicked in February 2019, I would have carried on down the dark path and invetibly, I would have been arrested for the DUI offence at some point further down the line.

The point I'm making is that a ban is necessary to stop us in our tracks if life is becoming that bit unmanagable.

Losing a job, or not being able to pay the bills is bad, but it is nowhere near as bad as facing a prison sentence for causing the death of a pedestrian. A ban is vital to stop this happening if the driver is struggling with their own lives at present.

Thats my thoughts anyway.

CJ

I totally agree with this. Losing my license ended up being the saviour of my mental health and was the absolute push I needed to get proper help. I dread to think what might have happened had that not been the case.