Drink Driving and injured motor cyclist

[Archy]

Driving home from a friend sometime last week after a couple of drinks.
I hit a motor cyclist injured "minor according" to police statements I stop attened
to imjured party and copperated giveing breath test both at road side and police station.
Breath test came in as 52/100 the least of all my readings.

Was adviced by duty solictor to offer no comments to all questions which I did
Sorry was arrested and stayed at her majesty's pleasure overnight and questioned
next morning.

After questioning was released and notified I will be charged via letter through at a later
date.
No crimnal records
Clean drivers license
Feel really stupid I drove that night
I really fear ro my job, state of mind and recent cancer diagnosis/treament of which I am struggling
with the side effect this is that last thing I need as is complicating my recovery.

Can I get a custodian sentence for this
How long might my ban be and
How many point will I get on my license

 

[Martin Hammond]

It is very hard to say. You will certainly not get points, it will be a disqualification and a punishment but as to how severe the punishment will be it is hard to say without details of the prosecutions case and exact details of the injuries. If the injuries are minor, custody is unlikely but you are looking at a community punishment rather than a fine, together with a lengthy disqualification. It is the collision which makes it far more serious.

I hope this helps

Kind regards
Martin.

 

[Archy]

Thanks Matin when you say lengthy you mean more than 12 months? This will affect work as I leave rather rural.
Solicitors will be needed I guess I was going to plead guilty the injured 3rd party a complication no more drinking for me.

 

[Martin Hammond]

Yes. With an injury you are surely looking and more than 12 months

 

[Archy]

I have just back from court and was case dismissed and found nit guilty.
Just recap of my incident on the 6th of Jan. 52g breath CPS sent court letter 2 days to me hence received after the hearing and a warrant issued for my arrest on a Friday he'll no was not going hand myself in on a Friday evening. Surrender Tuesday as retained Services of National Motoring Lawyers. Explained the situation and the choice was mine since been looked up for almost 12 hours might as well.allow them prove their case against me.
As it that was not bad enough CPS sent evidence late and it was incomplete. The cherry on the cake was the machine operator was unavailable and CPS waited 7 days to trial to request and adjournment. Thus was denied for several reasons shocking but helped my case. 3rd of July trial day the CPS had no witness meaning no case I was found NOT Guilty no case.

I should have been in court twice but due to their ineptitude I had to attend 4 times and seemed not to be able to get their act together.

Quit drinking and can now get on with my life. I paid over 5 grand in Solicitors fees to be honest I can't complain no ban no insurance increases and stopped drinking so all good. Court very intimidating I hope I never have to be there again in my life!