Drink & Drive Court Hearing Soon with a crash

[Please Advise]

On 11 Oct 25, I am a 28 Y/O male and I made the mistake of driving after drinking around 2130pm, crashed another car with 1 passenger, both car written off and no serious injury as I would have known by now as 4 months have passed. The road side breathalyser came to 114 mg, I was taken to hospital for broken ankle, right after at 0400am blood taken, I received results of 153 mg and a court appearance for 3 Feb 26. After looking online I am looking at 17-22 months ban and a fine/ low community order.

I have prepared a mitigation- 2x strong character ref from my work, and personal statement with bereavement of grandparent, serious illness (cancer undergoing treatment) of mother in law, 10 years of clean license and I am the only driver in our household, which highlights the practical impact of a driving ban.

I am genuinely remorseful and respectfully ask the court to take into account my early guilty plea, previous good character, and personal circumstances.

Please can any one help with what will likely happen as its my first time.

 

[sighingforlife]

You've pretty much worked it out already.

Aggravating factors:

• Crashed
• Two vehicles written off, so presumably not a minor crash
• Passenger (I'm reading this as passenger in your car, not the third party?)

Mitigating factors:

• Early guilty plea
• Genuine remorse
• Good character
• Carer for dependents
• Clean record and licence
• Not PCV, HGV, etc
• In work
• Presumably not terrible road conditions
• Presumably not heavy pedestrian traffic

There's more going in your favour than against.

But yes you're right that from the sentencing guidelines it looks to be 17-22 months ban and either a fine or a community order. Your reading is towards the lower end of the 138-206 band. If you get to court early, dress smart, ask for the duty solicitor, have over your letter to the court, and come across genuinely remorseful I'd hope you'd get something on the lower end. But there's no crystal ball. Some of it even just comes down to how the judge or magistrates feel on the day.

You can request a drink driving rehabilitation scheme course also. This can reduce your ban by up to 25%.

 

[Please Advise]

You've pretty much worked it out already.

Aggravating factors:

• Crashed
• Two vehicles written off, so presumably not a minor crash
• Passenger (I'm reading this as passenger in your car, not the third party?)

Mitigating factors:

• Early guilty plea
• Genuine remorse
• Good character
• Carer for dependents
• Clean record and licence
• Not PCV, HGV, etc
• In work
• Presumably not terrible road conditions
• Presumably not heavy pedestrian traffic

There's more going in your favour than against.

But yes you're right that from the sentencing guidelines it looks to be 17-22 months ban and either a fine or a community order. Your reading is towards the lower end of the 138-206 band. If you get to court early, dress smart, ask for the duty solicitor, have over your letter to the court, and come across genuinely remorseful I'd hope you'd get something on the lower end. But there's no crystal ball. Some of it even just comes down to how the judge or magistrates feel on the day.

Thanks for your response. Honestly, remorseful and I have waited 4 months since oct 25 to get this over and find out. No passenger in either cars just me and the other driver in the car I crashed into, police said the crash happened at 30 mph so no speeding, it was dark/raining and air bags went off.

I am hoping they dont back calculate as 114 road side breath seems like the consequense pushes it to the next category up. I am glad no one was seriously injured and take the ban and fine with a grain of salt and move on, never commiting some thing so stupid.

 

[sighingforlife]

Thanks for your response. Honestly, remorseful and I have waited 4 months since oct 25 to get this over and find out. No passenger in either cars just drivers, police said the crash happened at 30 mph so no speeding and air bags went off.

I am hoping they dont back calculate as 114 breath seems like the consequense pushes it to the next category up. I am glad no one was seriously injured and take the ban and fine with a grain of salt and move on, never commiting some thing so stupid.

Bit confused. In your opening post you said, "crashed another car with 1 passenger" - did you mean 1 driver?

Not psychic, but I'd be surprised if they bothered with a back calculation. This is more likely when the result is just below the prosecution threshold or borderline, or when there's serious injury or damage. It's quite a costly and time-consuming process and the police already have sufficient evidence to have the CPS authorise charges. It's not really worth it just to bump you up into the next sentencing guidelines band, in my view anyway.

 

[Please Advise]

Bit confused. In your opening post you said, "crashed another car with 1 passenger" - did you mean 1 driver?

Not psychic, but I'd be surprised if they bothered with a back calculation. This is more likely when the result is just below the prosecution threshold or borderline, or when there's serious injury or damage. It's quite a costly and time-consuming process and the police already have sufficient evidence to have the CPS authorise charges. It's not really worth it just to bump you up into the next sentencing guidelines band, in my view anyway.

Your right I meant 1 driver not passenger, sorry.

Yea, I think thats the case also. It makes more sense too.

So I will most likely get 17-22 months with a fine/ community order. Hopefully lower end of ban and fine. With a DDRC course to get the 25% off.

 

[sighingforlife]

Your right I meant 1 driver not passenger, sorry.

Yea, I think thats the case also. It makes more sense too.

So I will most likely get 17-22 months with a fine/ community order. Hopefully lower end of ban and fine. With a DDRC course to get the 25% off.

That's the long and short of it!

The sentencing guidelines are only guidelines, and the sentence can be outwith them, but they tend to be pretty reliable.

 

[Luna2000]

On 11 Oct 25, I am a 28 Y/O male and I made the mistake of driving after drinking around 2130pm, crashed another car with 1 passenger, both car written off and no serious injury as I would have known by now as 4 months have passed. The road side breathalyser came to 114 mg, I was taken to hospital for broken ankle, right after at 0400am blood taken, I received results of 153 mg and a court appearance for 3 Feb 26. After looking online I am looking at 17-22 months ban and a fine/ low community order.

I have prepared a mitigation- 2x strong character ref from my work, and personal statement with bereavement of grandparent, serious illness (cancer undergoing treatment) of mother in law, 10 years of clean license and I am the only driver in our household, which highlights the practical impact of a driving ban.

I am genuinely remorseful and respectfully ask the court to take into account my early guilty plea, previous good character, and personal circumstances.

Please can any one help with what will likely happen as its my first time.

Hi. Don't want to scare you, although you may already be aware of this, but your insurance company MAY hold you personally liable for anything they have to pay towards the innocent party that you hit.

I also think that because you caused a crash and there were some injuries, your ban may be at the higher end of the scale.

You are also normally fined the equivalent a week's salary.

My fine for both times was £400, but I am in Scotland where sentences do seem to be a little bit lighter than England and Wales.

Let us know how you get on.

 

[Please Advise]

Hi. Don't want to scare you, although you may already be aware of this, but your insurance company MAY hold you personally liable for anything they have to pay towards the innocent party that you hit.

I also think that because you caused a crash and there were some injuries, your ban may be at the higher end of the scale.

You are also normally fined the equivalent a week's salary.

My fine for both times was £400, but I am in Scotland where sentences do seem to be a little bit lighter than England and Wales.

Let us know how you get on.

Thanks for the information! I aggree very true. I have the court tommorow so will see how it goes and let you know. Finger crossed.

 

[Jord]

Any update? Hope it all went as well as possibly could!

 

[Please Advise]

So, the duty solictor told me that 17-22 months was the range I would be looking at and the accident would make it towards the higher end.

But, the Magistrate ended up giving me £829 fine and17 months with DDRC course further reduction 25 % off, I will be able to drive again on 5 Mar 27. Which I am quite happy with as it could have been worse.

 

[sighingforlife]

So, the duty solictor told me that 17-22 months was the range I would be looking at and the accident would make it towards the higher end.

But, the Magistrate ended up giving me £829 fine and17 months with DDRC course further reduction 25 % off, I will be able to drive again on 5 Mar 27. Which I am quite happy with as it could have been worse.

Pretty much the best you could've got within the sentencing guidelines, well done