caught with reading of 70, panicking due to past conviction

Convicted Driver Insurance

jj8172

Member
HI

This is a bit of a difficult one I hope you can help me.

I was convicted in 2001 (19 years ago) of a drink driving offence, I had quite a high reading and it was my first conviction. I was given a long ban and a community rehabilitation order. Obviously this is now a spent conviction.

Yesterday I went to a 24 hour shop in the early hours, I had been drinking the night before. I was pulled over and i was still over the limit. The reading at the station was 70, which is twice over. I was shocked at this and am suffering badly with anxiety. Court date is set for mid June.

Some context here though, I was made redundant on the 3 March, but I also have diagnosed mental health issues, specifically Aspergers syndrome, Depression and PTSD. what has happened with my job has made things much much worse for me, with the disease outbreak as well I have become very isolated (I I live alone) and found myself using the car for even very short trips to the shops, to avoid people. But also, I have found myself in a situation not being able to do anything to help myself, I have no family around me here at all.

what I am worried about is the previous conviction, i believe it can be referenced in court? I am concerned about a possible custodial sentence being applied. I thought I was OK to drive and had left it long enough, I was wrong. I will freely admit this. My mental health problems as well though have played a role here and I am really panicking over it all.

Also I only got my licence back a year ago, i have not been in a position to do so until then, as it required a DVLA medical (was classed high risk offender). does this have bearing on the case?

Thanks for reading.
 
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Did you get a full licence back or a 1 year licence?
You will not be going to jail for a reading of 70,
 
I would edge my bets that you would get a 12-18 month ban with a fine & surcharge. No custodial sentence.

As your previous DD offence was nearly two decades ago I wouldn't say this will impact at all on the Magistrates sentencing.

Good luck & all the best.

CJ
 
Thanks for your responses. I have got some legal advice and they say similar things, although my previous conviction will likely be brought up. About the fine I don't know my income at the moment, have not had a universal credit payment yet. It would seem to me that because of this they may feel it's not an option?
I am still panicking that yes they may see jail as an option, despite people re assuring me. We don't know what the situation will be in June when the court date is. They might decide to make an example of me? I don't know. Losing the plot even more here to be honest.
 
Drink Driving Penalty
Details of offence as provided by you:
  • Specimen Type: breath
  • Alcohol Level: between 60 and 89
  • No previous drink driving related 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:
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
 
Hi price, I got full license back, the previous time in 2001 was also due to medication interfering the reading was quite high and I was classed high risk. I passed the medical last year. Didn't get licence back till then as I had no need for it. This is my worry as I haven't had licence back that long they may see this as aggrivating factor.
 
As Honestman has indicated, you are likely to get a ban of 17-22 months, and probably at the top end of that.
Worse case scenario is that the magistrates tip it over into the next bracket of 23-28 months because you have only had your licence back for a year. There is also the possibility that they will add a community penalty to your punishment, but it will NOT result in you going to prison... I am certain of that.
Your conviction from 2001 is spent so should not be mentioned, but what the CPS person does is to hand in your conviction record, and the Magistrates ‘should’ ignore spent convictions..... so please forget what you have seen.....!
The magistrates will only realise that you have only had your licence back for a year if you tell them... so don’t! They will only see your licence when you hand it in after you are banned, but for all they know you could have had a full licence in 2009 and renewed it after 10 years in 2019.
 
HI Price, thats good to know, thank you. I am panicking over it all its part of my condition- worst case scenario for me has happened more times than I can count!

I lost my home in 2015 to reposession, was just getting back on my feet with work, then all this happens. Im also very high risk from Covid, past history of persistent chest infections. Who knows I may die before June in which case nothing to worry about!

never guess what I used to do, Im PhD in molecular biology. I heard my old lab is re tasking for covid testing, but no response from Govt. they are making a right shit show of the response.

Ive put together mitigating circumstances in a letter form, it mentions I went out when I did to try and avoid contact with people as much as possible. The irony is ive been mixing with front line workers (police) and may have put myself in harms way.

Im very unclear on the spent conviction issue- so its just a list of what i was done for and when- that surley would factor into their thinking in some way, even if its not supposed to?

we are in this together but its far from equal.

I am going to try and get legal representation, the only good news is that there is a long wait to raise the needed funds. Also we dont know if that date is even going to be upheld, it may get pushed back in fact.. I would think that is likely.

J
 
I would hold off from paying out much money for a solicitor. If you are ‘bang to rights’ then an ordinary solicitor can put in mitigation for you for about £300 or so. You can, however, try to see the Duty Solicitor on the day at court but it is not guaranteed that they will speak up for you in court, depends on how busy they are.
Alternatively you can speak for yourself. Someone on here will browse your mitigation (or you can send me a PM if you don’t want to air it in public) and it may seem more genuine coming from you rather than through a professional.
if the only reason you are getting a solicitor to avoid prison, don’t, because you will get their bill with a letter saying “see, I stopped you going to prison” but it was never going to happen anyway.
 
Thanks thats very helpful.
I would add i co operated fully with the police. I behaved myself.
how do you go about submitting mitigation? just on the day?
I have letters from professionals about my health issues, I can get a more up to date GP letter as well, a good idea?
I remain very upset by all this. I certainly did think I was under the limit, but i am wary of saying too much in relation to that, just that I did drink earlier in the night...
J
 
Drink Driving Penalty
Details of offence as provided by you:
  • Specimen Type: breath
  • Alcohol Level: between 60 and 89
  • No previous drink driving related 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:
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
Put
Thanks thats very helpful.
I would add i co operated fully with the police. I behaved myself.
how do you go about submitting mitigation? just on the day?
I have letters from professionals about my health issues, I can get a more up to date GP letter as well, a good idea?
I remain very upset by all this. I certainly did think I was under the limit, but i am wary of saying too much in relation to that, just that I did drink earlier in the night...
J
Mitigation is done on the day, not in advance.
I would avoid going into detail about medical aspects, it will not improve your position but it may make it worse.. anything that is said in open court can get reported in the local press and could cause you embarrassment, or DVLA to ask Questions when you want your Licence back. A couple of character references from work and someone respectable that you know are the best things to hand to the court.
It can be relevant to say that you had alcohol some time before you drove, and you thought it would have gone out of Your system. Look tidy and apologise for taking up the police and the courts time.
 
You click on my name, the click on start conversation and you write just as you have done on here, but only you and me can see what is written.
 
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