Court next week

Convicted Driver Insurance

salmonman12

New Member
Hi. Been reading this forum for weeks gathering some crucial advice for my court appearance next week, but the closer it's getting the more anxious I am.
Story is I got caught drink driving on Xmas eve. Had Been drinking heavily into the early hours and went to work. Could feel I was over the limit on my way to work at 7am but stupidly went anyway.
By 9am I seriously started to feel the hangover so stupidly drank a couple of vodka and lemonades and by the time i left work at 11.30 I had consumed a 35cl bottle of vodka. Drove around 5 miles before being pulled over. Lady had been following me and reported me for driving erratically and drifting on to the opposite side of the carriageway.

Blew 139 breath roadside (so disgusted with myself). Was fully cooperative and owned up straight away
In custody blew 133.

Im so worried ill go to prison for this as its such a high reading. My solicitor has told me to pack a small bag incase.

Mitigating circumstances were sufferring from mental health issues past few months which even saw me admit myself to a mental health unit where they kept me for a week. Diagnosed with depression and panic disorder. Seen me using alcohol as a coping mechanism
Also had so much time off work due to health I couldn't keep up payments on car etc and it was about to be repossessed.
Got 3 glowing character references and no previous convictions.

What's your take in this please guys? How likely is a prison sentence?
 
Hi Salmonman12. Your reading has crossed the custody threshold but as it is your first offence and you didn't have an accident you will probably get a high level community order like I did.

I blew 122 in Custody. Dont remember much about it as was that pissed. Like you was my first offence. I also had glowing references for my mitigation. I got a 30 month ban (reduced to 23 by completing the drink drivers awareness course) you must ask for this in court as they wont offer it (my solicitor did it for me).

I also got 200 hours community service, a year's probation order and a 14 week Drink Impaired Drivers order which was invaluable and I learnt a lot.
I hope this will be of help to you and please try not to worry too much. Dress smart and they are quite nice in Court. They even got me a glass of water as I was crying so much
 
giraffe43 said:
Hi Salmonman12. Your reading has crossed the custody threshold but as it is your first offence and you didn't have an accident you will probably get a high level community order like I did.

I blew 122 in Custody. Dont remember much about it as was that pissed. Like you was my first offence. I also had glowing references for my mitigation. I got a 30 month ban (reduced to 23 by completing the drink drivers awareness course) you must ask for this in court as they wont offer it (my solicitor did it for me).

I also got 200 hours community service, a year's probation order and a 14 week Drink Impaired Drivers order which was invaluable and I learnt a lot.
I hope this will be of help to you and please try not to worry too much. Dress smart and they are quite nice in Court. They even got me a glass of water as I was crying so much
Click to expand...
Thanks for the reply. I'd fully accept a similar punishment as what I did was terrible., but prison time scares the hell out of me
 
I agree with salmonman12, the threshold for custody is a reading 120, but in practice, unless you had a nasty accident, custody is very unlikely for a first time offender.
The court are likely to adjourn your case for a “pre sentence report” where you will be interviewed by a probation officer to assess your suitability to carry out a community penalty and if you need an alcohol awareness course (called a Drink Impaired Drivers course) which would be part of the community penalty so compulsory but does NOT carry a reduction in your ban. For that you need to be offered a Drink Drive Rehabilitation Course.
TheMagistrates will normally offer this but if not you should ask in court to be offered one as itcannot be offered after your case is finished on the day. This will get you a reduction of up to 25% in your ban, which will be in the range of 29-30 months.
 
Got an update on this. Was actually in court today but didn't want to write this on here just incase there was press watching ( suspicious bugger I know haha), but seen readings like this in paper.
Firstly thanks for all of your comments.

Secondly, the day went very very well I feel.

Mitigation is absolutely key. There is no excuse for drink driving, however any legitimate reason to explain why you may have done it is key.
I had quite alot of mitigation and I believe that swayed my case to a positive outcome.

Another pointer I can give is, if your breathe reading is high and you have to see a probation officer, be totally honest with them. I first went to meet mine with my solicitor present and they seemed pritty strict, but once in the interview them, they fully understood and completely defended my corner in the court room.

Now onto the sentence. Ended up with 32 months disqualification (could of been 36). Reduced to 24 with completion of course. 25 RAR DAYS. A 18 month community order and a fine and court costs of nearly £600.

Feel very lucky not to receive a custodial or suspended custodial sentence and usually I'd receive community service but as I work 60 hours a week it wasn't deemed practical.

I was lucky enough to have legal care under my house insurance. That insurance meant we could employ an absolutely fantastic solicitor I would of been otherwise unable to employ due to the cost.

Biggest advisories are : Have as many mitigating circumstances as possible.

Plus always be very truthful with the probation officer. They are not there to punish you, they are there to find out and deliver the absolute truth. My probation officer listened to story and completely agreed with my solicitors views of punishment
 
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