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Charged with drink driving new years day, blew 59

#1
Hello I got done for drink driving on New Year’s Day my reading was 63 and 59 I know they take the lowest into consideration I am a reliable and responsible lady never done anything like this it’s so out of character for me it’s my first offence only been driving 8 months I need my car for work as work from 7 in the morn till 11 at night not alway buses and taxis any cheap. I also suffer with bpd depression and anxiety and panic attacks I am on medication driving was helping my mental health and my well being can anybody advise 😀
 
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#2
Re: 😭😭

Hey, I'm no expert but from my own research if convicted of drink drive it carriers a mandatory ban and therefore regardless of mitigation, if convicted you will be banned. As your reading falls into the lowest sentencing bracket, depending on circumstance, such as any aggravating as well as mitigation features (albeit you are at the top end at 59, 60 goes into the second bracket) you'd be looking at 12-16 month ban with a band c fine. As first offence you'd probably be offered the drink drive course which reducers your ban by 25%. Assuming morning after routine stop.
 
#3
Re: 😭😭

Hey, I'm no expert but from my own research if convicted of drink drive it carriers a mandatory ban and therefore regardless of mitigation, if convicted you will be banned. As your reading falls into the lowest sentencing bracket, depending on circumstance, such as any aggravating as well as mitigation features (albeit you are at the top end at 59, 60 goes into the second bracket) you'd be looking at 12-16 month ban with a band c fine. As first offence you'd probably be offered the drink drive course which reducers your ban by 25%. Assuming morning after routine stop.
You may not be an expert, but you are correct Jo in your summary for this. One slight change is that the fine can be band b or band c for low level drink driving, so the fine can be a bit less than it used to be for a reading of up to 59 in breath.
 
#4
Not looking good then am gutted and have so much remorse will I need to retake my theory and practical again as only been driving 8 months 😭😭
 
#5
Well the good news is that you will not have to retake your test..... the law says that if you get 6 points or more in the first 2 years after taking your test , you have to pass it again. Drink driving carries NO points, just a straight ban, so it does not apply!
 
#6
Are u sure I do not have to retake my practical and theory as only been driving a short time I know I will get a ban and a fine so sorry beyond words 😭
 
#7
Quite sure. It kicks in when you get 6 points and you get no points for drink driving, just a straight ban. Just to put a slight damper on this, though, the court can decide to order you to retake your test. This only usually happens when you have had a serious accident or because you are of a ‘senior’ age, to prove that you are good enough to drive again. I did come across one person on a course last year who had been ordered to retake their test because they had been only driving for a few weeks when they were caught drink driving, but that is exceptional. I doubt that it will happen to you.
 
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#9
You are looking at a ban of 12-16 months which can be reduced by up to 25% if you are offered and do a Drink Drive Rehabilitation Course. Plus a fine of 100-150% of your weekly disposable income.
if you are not offered a Course by the magistrates then you should ask to do one before they conclude your case. It has to be offered and accepted on the day, it cannot be offered after. By accepting the course you do not have to do it, you just do your whole ban.
 
#11
The Magistrates have to follow guidelines (or give reasons if they depart from them). The guidelines depend on the level of alcohol in your breath. The range that applies in your case is a ban of 12 to 16 months and a fine of between 125% and 175% of your weekly income. Your reading is right at the top of this band and so if we can keep the ban below 16 months and the fine below 175% of your weekly income we will be doing well.
You will not have to take a retest after the period of your disqualification ends but you must not drive until you have received your licence back. This is what my solicitor has said gutted beyond words just want to cry 😭 😭😭😭
 
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