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caught with 77mg

sf1987

New member
Hi michael,

Stupidly on Friday night I used my car at 2 am and was caught with 77mg on my breath. Trouble is I need my license for my job as a car salesman. Would offering a larger fine be of any help to my sentence? Iv been driving 10 yrs and have no previous court convictions at all. Clean license although I did have 2 speeding offences when I was younger but there both off now. Any help on what ban I may be looking at would be great.

Thanks alot
 

Michael Lyon

Road Traffic Solicitor (Scotland)
Good morning and thank you for your email.

Whilst it helps you have a clean driving licence and no previous convictions, the offence carries obligatory disqualification. The new reduced limit in Scotland puts your reading at 3.5 x the legal limit and therefore I consider the Court would select a starting point disqualification in excess of the 12 month statutory minimum. On a more positive note, the Court can reduce the length of ban by taking into account the stage at which a plea of guilty is tendered and may also consider a referral to the Drink Driver Rehabilitation Scheme (DDRS) which can further serve to reduce the time spent off the road.

In direct answer to your question, the Court should not trade off between financial penalties and disqualifications. A deeper wallet should not mean a shorter ban.

My website provides detailed information on drink driving offences in Scotland: http://www.theroadtrafficlawyer.com/drink-driving/

Should you require legal representation or further advice then feel free to give our Glasgow office a call.

Regards

Michael Lyon
 

sf1987

New member
Hi michael thanks alot. I would imagine they will take into account I need my license for my job too? Someone told me the court are more likely to reduce the ban if it means your going to lose your job.

Thanks again
 

Michael Lyon

Road Traffic Solicitor (Scotland)
No problem.

Yes, the Court can certainly take into account the consequences of a driving ban, e.g. loss of employment, however the charge attracts a minimum ban of 12 months and I do not consider a Sheriff would view 12 months to be an appropriate starting point for a breath-alcohol limit of 77/22.
 
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