Devastated

Convicted Driver Insurance
I would think that it is very unlikely that you will get a community penalty. There was no accident, your reading is only just over the threashold for one to be considered and you have no previous convictions. This all makes your offence likely to attract just a fine and a ban of 17-22 months.
 
If you are planning on going not guilty - on what basis? If you have a contested trial the CPS will ask for costs of £620 and you will lose your 33% not guilty plea.

That's not to put you off, but the defences a available for DD if you are stopped at the time are narrow. If you are disputing whether you are offered your own sample then very likely the CPS will produce a form saying that you were offered the sample, and an officer saying the same.

You will say that you were too drunk to remember if you were offered one, but assume that you weren't because you couldn't find one the next day.

Even if the police didn't follow procedure, it is only useful to you if you dispute the reading and assert that your sample is the crucial evidence that would have proved you were under. In this case the court may believe there could have been discrepancy, but if the CPS can demonstrate adequate chain of custody between them and the lab I doubt they would believe you may have been under the limit. After all, the police send evidence to labs in all sorts of cases with the court accepting that there is enough evidence that it wasn't tampered with.

What you can do in those circumstances is do what is called a Newton plea. That's when you plead guilty but to a lesser reading - basically document what xxx mg you think your sample would have shown if you had it to test and why. If it is accepted it would result in a lesser sentence, if not you aren't with the costs for a not guilty plea.

However blood tests are very reliable and the police already minus 6 from the reading in your favour. So you would need to think why the court would accept your suggestion as plausible.

I hope that is helpful. People sometimes think from films that you only need to point out a small procedural error by the police and it will guarantee acquittal. In reality it is only half the cake - you also need to explain why it creates reasonable doubt on the prosecution's case.

Solicitors sometimes get a bit carried away - they are right in that you do have a potential defence, but it is you putting your hand in your pocket win or lose, and important that you know the chances it will be successful. Your solicitor gets paid win or lose. That's not them being disingenuous, it is the same in any area, in healthcare we are equally guilty of saying patients *can* do something even if objectively you know it isn't sensible.
 
Thank you for your reply TipsyNurse but I am indeed planning on pleading guilty. I have no grounds for a non-guilty plea and I feel the solicitor was clutching at straws. I'm not prepared to pay x amount of £ when I barely have a leg to stand on and plus - I was over the limit as my blood results show so I shall accept the punishment.

Still waiting for the letter in the post, I shall keep you all updated and would be grateful for any advice I may ask for when it arrives.
Thanks again.
 
I received my court date- 4th October. On the charge sheet its been written 101mg alcohol per 100ml blood but on the phone he told me 144mg alcohol per 100ml blood.

I don't know what to do/expect?
 
A blood result of 144 carries a guideline of a 17-22 month ban and the possibility of a community order.
A blood result of 101 carries a guideline of a 16-16 month ban and no community order.
You are clearly being cheated of your right to a longer ban and the chance to serve the community through unpaid work so you should complain...... alternatively you can be content with your award. You may have misheard what was said in the phone, or it is conceivable that the wrong information was put on your charge sheet. If that is the case then it could be amended on the day in court.
I would keep quiet and see how it unfolds on the 4th.
 
Yeh, that's what I figured. I'll just assume it's a mistake on my charge sheet and that way expect the more severe punishment.
 
Good idea!
Dont forget to ask for the opportunity of attending a Drink Drive Rehabilitation Course which will reduce your ban by up to 25%. Hopefully the magistrates will offer it to you anyway, but sometimes they forget so if that is the case, ask before the case ends in court. The course cannot be offered after the case had finished.
 
I've drafted a letter of mitigation if you wouldn't mind having a look and giving your opinions?

Your Honour,

I would like to offer my sincerest of apologies to yourself, Devon and Cornwall Police and the general public for my actions on the morning of 22[SUP]nd[/SUP] July 2018.
There are no excuses for my actions, it was a moment of stupidity that I whole heartedly regret. I have never driven whilst intoxicated before and will certainly never do so again.
It was completely out of character and I have brought shame, embarrassment and hardship upon myself; as well as putting my job and livelihood at risk.

I am struggling to forgive myself for the danger I put the public in after getting into my car whilst over the prescribed alcohol limit but I recognise my mistakes and I would be grateful if you can offer me any course of rehabilitation to help address it.

Yours sincerely,

Thanks
 
It is good in that it is succinct and is falling on sword.

Personally I would split the apologies - apologise for the risk you placed other road users at, and apologise for wasting the time of the court and police.

Also to me the bit about shame and hardship doesnt really quite chime with how you have come across on here. I would go more along the lines of "Since the incident I have struggled to come to terms with the terrible decisions I made that night. All I can say is that as a normally careful and conscientious driver I promise it will never, ever happen again, and I am completely mortified that it has even happened this once.". The court will be aware that a DD conviction will be embarrassing and cause you hardship, so you would be preaching to the choir on that front.

Also if you have made any changes to your driving - for instance that you will no longer drive to somewhere where you will be drinking - mention that too as it demonstrates you have made to ensure it won't happen again.

You can, if you wish, get up to three character statements from people with standing in the community - nurses, doctors, managers, vicars etc. - although as you are towards the lower end of sentencing these would not be essential. If you do get them take five copies of each, three for the magistrates, one for the clerk, and one for the prosecutor.

If it's not your nature to make that sort of personal statement don't do it, it has to sound genuine coming from you. But, the courts are used to seeing defendants either in a tracksuit not giving a toss, or having a solicitor reading out some sob story. IMO it always comes across much better if you turn up suited, booted and bloody nervous, not least because it shows you never want to go back again!
 
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Okay thank you for your suggestions. I'm feeling incredibly anxious now! I've filled out the means testing form and will be printing out the necessary bills/statements. I have a character reference from my employer, I'll need to scan extra copies as I was unaware I needed more than one copy. Probably a silly question but when and who do I hand these to? I'll only have the duty solicitor if they are available to come in with me.
 
You are correct that liver scarring can affect the result. The practical problem you have is that the CDT test is meant to have a liver function test built in to detect exactly that.

With the proviso I am speaking as a clinician and this is a very specialised area, blood tests for liver function aren't hugely accurate but normally good enough. I suspect that to convince the DVLA that the liver function test in the CDT test is inaccurate you would need to have a biopsy of your liver taken with a needle then, if the results show severe impairment, an expert analysis to show that your CDT would be acceptable if it wasn't for the cirrhosis.

The reason why you are struggling to find anyone to do that is because it would be crazily expensive.

I could be wrong but my experience of the DVLA is that just getting a different blood test of liver function will not convince them that the CDT one isn't accurate, unless you get some expert to interpret it who does it frequently and knows it will work.

Again my experience is they will not care that they are asking you to prove something almost impossible. They only care when they are paying for the tests.

Sorry it's not better news but I think you are in an unusual situation, and unusual and DVLA do not work well.
 
[SUP]Hi,

To answer the right post (oops!) when you are asked to stand by the magistrates after the prosecution have made their case, you ask permission to hand the copies out.

If you can't get the duty solicitor I wouldn't worry too much. The magistrate tend to be very good at explaining each step of the process if you aren't represented and to be honest the crucial part is you explaining your bit (sorry for placing other road users at risk, regret wasting the court's time, will never happen again). If you are dressed smartly and polite and respectful to the magistrates that will give you the best possible chance, albeit magistrates tend to stick fairly closely to sentencing guidelines anyway.

As has been said before, if you want to do the DD course and get a 25% reduction on your ban make sure it is offered or you ask for it, because you can't get it after the event.[/SUP]
 
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Just got home from court. I was charged on the 144 reading. 17 month ban and fined. I was offered and accepted the course which will reduce the ban by 17 weeks.

It completely slipped my mind, but aren't the court supposed to take my license off of me? Do I need to send it back to the DVLA now? I couldn't see anything on their website.

I'd like to say thank you again for all the help and advice you have all given me. It was a terrible mistake I made that night which I shall never repeat.
 
supernova48 said:
It completely slipped my mind, but aren't the court supposed to take my license off of me? Do I need to send it back to the DVLA now? I couldn't see anything on their website.
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You can send it back but it really doesnt matter. Your licence is now invalid whether you physically have it or not.

You will need to apply for a new licence before your ban ends. Apparently the DVLA automatically send you the forms.

https://www.gov.uk/reapply-licence-revoked
 
DVLA will probably write to you in the next week or so, asking you to send it in, but it is not compulsory, as Hewl says. Some people want to hang on to their licence if they are under 25 as “proof of ID.” After all, they perhaps cannot drive, but they can, and will, still drink!
 
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