drink drive ban

[daveyboy]

hi, i am enquiring about my girlfriends drink drive ban, she was convicted at wimbledon magistrates court on 19/08/ 2019
she had 55 mg alcohol per 100 millilitres of breath & its her first offence, she refused a blood test & was not offered a urine test.
they banned her for 20 months & fined £735 which i feel is severely harsh, she is a district nurse so needs her car!
can we appeal this decision & how much would it cost?
we appreciate your assistance in this matter.

 

[SeanJoyceStephensons]

Her options are dependent on what happened at court. If she entered a not guilty plea and the matter was considered at trial then she has a right to appeal the conviction.

If she was convicted on the basis of an evidential breath reading of 55µg of alcohol per 100ml of breath then the correct sentencing range would be between 12 and 16 month ban. If however, as the sentence imposed and your description suggests, she was convicted of failing to provide a specimen of blood then the sentence is much more variable and open to interpretation. The most likely defence in cases like this is one of 'reasonable excuse'. It would be for her to prove that she had a genuine medical reason for not being able to provide a specimen of blood. Where she has point blank refused to provide this is very difficult to establish.

If she entered a guilty plea then a ban is mandatory. No amount of personal mitigation will avoid a ban but it may help to reduce a ban. Further information would be required before advising further. You can contact one of our specialists on 0333 200 9837.