Drink Driving 2nd offence

[Deleted member 14841]

Hi all,

I am just looking for some reassurance and support. I've been so so stupid yet again. Not thinking before doing and got myself into this terrible situation again I was last convicted March 2020 and got my licence back march 2021. Caught again lastnight and blew 83 at the station. I was also done with using my mobile phone.

I know this will be a 3 year ban minimum and a fine but I'm absolutely petrified I get a custodial sentence?

I feel sick to my stomach and I'm so scared to tell anyone. Especially family. I've put my parents through so much that I think this will end our relationship.

The anxiety is eating me away and I can't believe I've been so so stupid again! Dark thoughts are sinking in again but I know I got through this before and I had support from friends and family but I doubt they will stick by this time what a mess.

 

[Hobgoblin]

You won't get a custodial sentence, but, as you know, you will get a 3 year ban and will be considered a high risk offender, so will have to pass a medical before getting your licence back.

As you say, an unfortunate situation.

 

[Deleted member 14841]

You won't get a custodial sentence, but, as you know, you will get a 3 year ban and will be considered a high risk offender, so will have to pass a medical before getting your licence back.

As you say, an unfortunate situation.

Thank you for your message

Do you know if they will take my personal situation into account and reduce the ban? Also, I was offered the rehab course first time round but it was cancelled due to covid so what are the chances that I will be able to do it this time?

 

[Guygibson]

3 and half year fine and maybe cumunity service chill you 100% are not going to prison

 

[RyanL2020]

It does get better mate. I was you many years ago. Exactly where you are now…..it’s hard and it hurts….forgive my French you will feel like a “c**t” for a good while……but your life will go on. And you’ll be a better person for it.

 

[Claire121]

Hi, I got caught drink driving while disqualified for drink driving and didn’t get a custodial sentence so it’s highly unlikely you will, you’ll get a 3 year ban as that’s a minimum for a second offence in 10 years, I seen in another thread that you also got charged with using your mobile phone? This will be an aggravating factor so they may increase your ban or increase the fine, community service may also be an option. X

 

[stu12341234]

Hi,

I highly doubt you will get a custodial sentence. But I know COVID has sent so many people to make mistakes (Not a excuse but its a fact at the minute). Keep your head up mate.

Regards,




Stu

 

[Deleted member 14841]

Thank you all for your kind messages, I really appreciate it. There have been a number of things leading upto this abd I've really been struggling. I got covid really bad and have been off work nearly a month now so I've been really struggling with that. I already have mental health issues for which I take medication for. But due to those issues, contact with my daughter was minimised. But I have been in a really good place the past year and have been on my mental health recovery journey so I'm really disappointed in myself that I've let thos happen again. I'm sorry for the huge boring story, I haven't been able to tell anyone yet.

My family will be devastated, I cant even face telling them and seeing thier faces of disgust and disappointment so I thought about putting it all down on a letter? I'm not taking the easy way out, I just don't think I can mentally handle it as I know they will be negative and freak out.

 

[Hobgoblin]

Thank you for your message

Do you know if they will take my personal situation into account and reduce the ban? Also, I was offered the rehab course first time round but it was cancelled due to covid so what are the chances that I will be able to do it this time?

I don't think they are allowed to reduce the 3 year mandatory ban, but after 2 years you can apply for an early end of the ban, if circumstances affecting other people reliant on you driving change. They may consider it.

I also don't think you'll get community service, unless there are aggravating circumstances.

 

[Deleted member 14841]

I don't think they are allowed to reduce the 3 year mandatory ban, but after 2 years you can apply for an early end of the ban, if circumstances affecting other people reliant on you driving change. They may consider it.

I also don't think you'll get community service, unless there are aggravating circumstances.

Thank you for your message.

I was offered the rehab course first time round but it was cancelled by them due to covid so I will ask for it this time round and prey I'm allowed yo take it.

Aggravating circumstances with using my mobile phone so that won't go in my favour?

 

[price1367]

Hobgoblin is correct that 3 years is the minimum that can be imposed.
Explain to the course that you intended to take the drink drive rehabilitation course but Covid prevented it and I feel sure they will offer you the course again.
You could try to speak to the prosecutor before the case and say that you will plead guilty to drink driving but not guilty to using your mobile phone. They may well drop the phone offence because it is not worth a trial just for that. If he / she refuses, you can still plead guilty when the charges are put to you.
It may be mentioned in the prosecution outline but it will save you one offence to admit for insurance later. The phone offence will not carry any points anyway, because of the ban for drink driving, points are not awarded for other offence committed at the same time.

 

[Deleted member 14841]

Hobgoblin is correct that 3 years is the minimum that can be imposed.
Explain to the course that you intended to take the drink drive rehabilitation course but Covid prevented it and I feel sure they will offer you the course again.
You could try to speak to the prosecutor before the case and say that you will plead guilty to drink driving but not guilty to using your mobile phone. They may well drop the phone offence because it is not worth a trial just for that. If he / she refuses, you can still plead guilty when the charges are put to you.
It may be mentioned in the prosecution outline but it will save you one offence to admit for insurance later. The phone offence will not carry any points anyway, because of the ban for drink driving, points are not awarded for other offence committed at the same time.

Hello Price,

Thank you so much for your message. I really appreciate. I will hopefully speak to my solicitor on Monday. I do have some peace of mind now so thanks to everyone who has taken the time to reply to my thread. All very helpful and I will continue to use the forum throughout my journey

Thanks
L x

 

[Jo88]

Hi,

I highly doubt you will get a custodial sentence. But I know COVID has sent so many people to make mistakes (Not a excuse but its a fact at the minute). Keep your head up mate.

Regards,




Stu

Do you think the Court will empathize with Covid19?I am still waiting for my blood results, my 1st reading was 112 breath. No accident, no injuries, no one else in the caretc. Someone reported me, they stopped me and I made me wait for the Police, which I did. The witness left me waiting for the police, si I did not tried to run away, but realized what I did, and I was just crying like a baby. I know that I’d probably get between 22-28 months, a fine and community order which I wouldn’t want to do because I work, I go Uni and have 2 children, and no family to support me with them while I could do community work. I’d rather pay a fine or cook/bake for some care homes I do, but from my onw home. This unfortunate event is completely out of my character and all happened because I took out a loan without telling my husband and he was upset with me for a couple of days, but I couldn’t get over the fact I have dissapointed him. Stupid, I know. Work are very supportive and they will allow me to continue to work from home, which I am lucky with, but again, they know me very well for years. Just been in touch with Liasion and Diversion service and they discahrged me because I keep on well, and I really do. Have my hubby and my eldest one 14 yrs old support. They’re just amazing. Still, I am worried about the outcome.

 

[WinterSnow]

Hi all,

I am just looking for some reassurance and support. I've been so so stupid yet again. Not thinking before doing and got myself into this terrible situation again I was last convicted March 2020 and got my licence back march 2021. Caught again lastnight and blew 83 at the station. I was also done with using my mobile phone.

I know this will be a 3 year ban minimum and a fine but I'm absolutely petrified I get a custodial sentence?

I feel sick to my stomach and I'm so scared to tell anyone. Especially family. I've put my parents through so much that I think this will end our relationship.

The anxiety is eating me away and I can't believe I've been so so stupid again! Dark thoughts are sinking in again but I know I got through this before and I had support from friends and family but I doubt they will stick by this time what a mess.

Not being rude but what are you playing at?
You’re a danger on the road. Please stop driving and get the help you need. Fortunately you were stopped before you went to prison for something far far worse. I bet you are anxious: you’ve only just got your license back but still consider driving over 2 times over acceptable?
Sorry but what will it take?

 

[Jo88]

Not being rude but what are you playing at?
You’re a danger on the road. Please stop driving and get the help you need. Fortunately you were stopped before you went to prison for something far far worse. I bet you are anxious: you’ve only just got your license back but still consider driving over 2 times over acceptable?
Sorry but what will it take?

I am not the best one to judge and blame anyone, but you’re not rude, not from my breath readings of 112 perspective. However, I regret it and l know that I will not be going through the same nightmare ever again. It’s 4 weeks today since I have been caught and I have not got a sip of alcohol. I am so thankful that I’ve been caught before anything worse happend. I know for a fact that I might not drink again, let alone drink and drive.

 

[WinterSnow]

I am not the best one to judge and blame anyone, but you’re not rude, not from my breath readings of 112 perspective. However, I regret it and l know that I will not be going through the same nightmare ever again. It’s 4 weeks today since I have been caught and I have not got a sip of alcohol. I am so thankful that I’ve been caught before anything worse happend. I know for a fact that I might not drink again, let alone drink and drive.

Sorry that was not directed at you Jo: it was at the original poster. We all make mistakes but to keep repeating them shows a deeper issue.
Have you been charged with DD or In Charge? Just wondering as they are very different charges x

 

[Jo88]

Sorry that was not directed at you Jo: it was at the original poster. We all make mistakes but to keep repeating them shows a deeper issue.
Have you been charged with DD or In Charge? Just wondering as they are very different charges x

I have not been charged yes, but will DD for sure. Not need to apologize, I have not been clear in my message. I know that wasn’t direct at me and I appreciate what you are saying and ai agree. A 2nd offence shows that you are not willing to change. If I would be caught again, let say, I will handle my driving licence and will never re-apply for one. When I applied for a licence I was 18 and during my driving lessons I was scare by a lorry shadow and slightly turned the wheel. I was that scared that took me 7 years to try it again. I said that if I cannot be a good driver, what’s the point. Over the years I’ve decided to give myawlf another chance. I never had any accidents, touch wood. Even blewing 112 which I am ashamed, but had nothing to eat for nearly 36 hours so maybe this was an impact as well, I have not crashed my car. I am very ashamed for being in my shows at the moment, but I will have to move forward and learn from my mistake, grateful that I’ve been caught and I have not killed myself or worst, someone else

 

[Luna2000]

Thank you for your message

Do you know if they will take my personal situation into account and reduce the ban? Also, I was offered the rehab course first time round but it was cancelled due to covid so what are the chances that I will be able to do it this time?

Your situation almost mirrors mine. I blew 124 for my first offence and 96 for my second.

I was given a 3 year ban reduced to 27 months on completion of the Drink Drivers Awareness course and a £400 fine. This was in Scotland where sentences seem to be slightly less harsh. E.g. no community service sentence.

You will not get a prison sentence. That is usually reserved for people on their 3rd conviction within 10 years and I know someone who had 4 convictions in 5 years that still didn't get prison.

Just make sure your solicitor asks for the Awareness course when you are being sentenced as it cannot be applied retrospectively.