drink driving ban 18 months please help

Convicted Driver Insurance

kayla123

New Member
I recently got an 18month driving ban due to drink driving on the 1/1/2010, I got my ban on the 18/03/2010, as it kept getting adjourned as their was a lack of information to make a sentencing decision.
I feel personal that the disqualification is too harsh for what actually happened, as early hours new years morning I was arrested following a night out of celebration for been over the drink drive limit as on the road side test I blew 53mg .


I feel in my opinion that it is too harsh as the police did not take me to a police station and do a full breathalyser test until an hour later after the incident took place therefore I would have bin more intoxicated from when the incident took place witch I blew 92mg.

Another factor is that I did not drive my car on a public road it was on a car park witch I reversed just only approximately 2 foot then pulled my car back to it original place when I was asked to step out of the car by an officer, as when I revered I slightly touched bumper to bumper with a Asians mans car witch caused the disturbance and police were called over, the Asian men were carrying alcohol bottles of alcohol pops and were waving them in the other peoples faces that I was with demanding I pay them £50 for touching their car with mine but they were aloud to drive away in their car with out any breath tests.

The reason I to why I reversed my car is that on the night I went out I wasn’t intending to drink as I already had one small glass of wine before departing to go up to the town centre but when actually in the town centre I saw old friends and had a drink, when leaving the last night club I was going to catch a taxi until a male friend said that he would drive my car back home for me as he had not had anything to drink, so I agreed and handed over my car keys when we got back to the car it seemed to appear that were I parked my car another car had parked very closely to mine but it was possible to get my car out of the space but it was tight, my male friend got into the drivers seat and reversed back but with the space been tight he did not was to Carrie on encase he made a mistake and damaged the car and asked me if I would take over to get it out of the space so he got out of the car so did the other 2 passages to check to see if it was possible to get it out and it was so they stood behind the car I directed me out but while doing this 4 Asian men ran across the road to the car park and started shouting and while this happened I was distracted and slightly touched the Asian mans car bumper to bumper at the back of mine and his car, so I limitedly stopped my car and pulled it back forward

been 2foot reversed and 2 foot pulled back forward, this Is when the asian man started to get aggressive and accuse me of damaging the front of his car when my car never came any were near to the front of his car so because I would not pay him the £50 he wanted he waved the police over and said that I hit his car and damaged it and the officer could smell drink on me so I fully co-operate and did the road side test following that I was arrested, but I was not intending to drive the car on a public road whilst over the limit all I was doing is attempting to get the car out of the parking space for my friend to the take back over and drive the car home, this is the first offence iv committed.

i just want to see if I can in any way appeal to shorten the ban as I do realise that I was over the limit and should never have got behind the driving wheal, I have been excepted for the drink drive course that will take 25% off the ban but still this will mean that I cant have my licence back till next may 2011, but in all fairness I feel that for just reversing a car on a car park that is not counsel run whilst over the drink driving limit with no intentions of driving on a public road, an 18 month driving ban is a bit harsh and I have had some personal changes as to why I would benefit from having my license back earlier, as I recently came out of work but I am returning back to college in September to do a hairdressing course and have a work placement and my 2 and a half year old son is due to start school in September too so without my car it is going to be hard to get my son to school as well as my self to college and my work placement and would really benefit now and in the future with my licence as i am a single mum. it is also making me feel very depressed in myself as I have ended up becoming house bound with my child as family live far away and work daytimes and I do not feel confident enough to catch public transport at night times.

I would be very grateful if anyone could give me any information to let me know what I could do if there is anything I could do to shorten the ban, I am very sorry for what I did and it is a lesson learnt and would never again attempt to move my car when under influence of even just one drink, as with out my licence I feel that I can not do anything or complete anything that I would normal to be able do with my licence.

It just makes me angry knowing I was not in any way or form going to drive my car on a road or endanger other road users and I get an 18 month ban when there are other citizens of our country that take advantage and keep on drink driving over and over again with out any care for other road users and get away with it or people that still drive when they have been banned.
 
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I recently got an 18month driving ban due to drink driving on the 1/1/2010, I got my ban on the 18/03/2010, as it kept getting adjourned as their was a lack of information to make a sentencing decision.



I feel personal that the disqualification is too harsh for what actually happened, as early hours new years morning I was arrested following a night out of celebration for been over the drink drive limit as on the road side test I blew 53mg .


I feel in my opinion that it is too harsh as the police did not take me to a police station and do a full breathalyser test until an hour later after the incident took place therefore I would have bin more intoxicated from when the incident took place witch I blew 92mg.


Another factor is that I did not drive my car on a public road it was on a car park witch I reversed just only approximately 2 foot then pulled my car back to it original place when I was asked to step out of the car by an officer, as when I revered I slightly touched bumper to bumper with a Asians mans car witch caused the disturbance and police were called over, the Asian men were carrying alcohol bottles of alcohol pops and were waving them in the other peoples faces that I was with demanding I pay them £50 for touching their car with mine but they were aloud to drive away in their car with out any breath tests.

The reason I to why I reversed my car is that on the night I went out I wasn’t intending to drink as I already had one small glass of wine before departing to go up to the town centre but when actually in the town centre I saw old friends and had a drink, when leaving the last night club I was going to catch a taxi until a male friend said that he would drive my car back home for me as he had not had anything to drink, so I agreed and handed over my car keys when we got back to the car it seemed to appear that were I parked my car another car had parked very closely to mine but it was possible to get my car out of the space but it was tight, my male friend got into the drivers seat and reversed back but with the space been tight he did not was to Carrie on encase he made a mistake and damaged the car and asked me if I would take over to get it out of the space so he got out of the car so did the other 2 passages to check to see if it was possible to get it out and it was so they stood behind the car I directed me out but while doing this 4 Asian men ran across the road to the car park and started shouting and while this happened I was distracted and slightly touched the Asian mans car bumper to bumper at the back of mine and his car, so I limitedly stopped my car and pulled it back forward

been 2foot reversed and 2 foot pulled back forward, this Is when the asian man started to get aggressive and accuse me of damaging the front of his car when my car never came any were near to the front of his car so because I would not pay him the £50 he wanted he waved the police over and said that I hit his car and damaged it and the officer could smell drink on me so I fully co-operate and did the road side test following that I was arrested, but I was not intending to drive the car on a public road whilst over the limit all I was doing is attempting to get the car out of the parking space for my friend to the take back over and drive the car home, this is the first offence iv committed.

i just want to see if I can in any way appeal to shorten the ban as I do realise that I was over the limit and should never have got behind the driving wheal, I have been excepted for the drink drive course that will take 25% off the ban but still this will mean that I cant have my licence back till next may 2011, but in all fairness I feel that for just reversing a car on a car park that is not counsel run whilst over the drink driving limit with no intentions of driving on a public road, an 18 month driving ban is a bit harsh and I have had some personal changes as to why I would benefit from having my license back earlier, as I recently came out of work but I am returning back to college in September to do a hairdressing course and have a work placement and my 2 and a half year old son is due to start school in September too so without my car it is going to be hard to get my son to school as well as my self to college and my work placement and would really benefit now and in the future with my licence as i am a single mum. it is also making me feel very depressed in myself as I have ended up becoming house bound with my child as family live far away and work daytimes and I do not feel confident enough to catch public transport at night times.


I would be very grateful if anyone could give me any information to let me know what I could do if there is anything I could do to shorten the ban, I am very sorry for what I did and it is a lesson learnt and would never again attempt to move my car when under influence of even just one drink, as with out my licence I feel that I can not do anything or complete anything that I would normal to be able do with my licence.



It just makes me angry knowing I was not in any way or form going to drive my car on a road or endanger other road users and I get an 18 month ban when there are other citizens of our country that take advantage and keep on drink driving over and over again with out any care for other road users and get away with it or people that still drive when they have been banned.

Did you originally get legal representation? All of what you have said should have been brought to the magistrates attention when you appeared at court in the first instance. Based on what you say, a good solicitor may have been able to help you avoid a ban due to the shortness of distance driven.

As it is, there is a 21 day time limit in order for you to lodge an appeal against the conviction or sentence. You will be unable to lodge an appeal at this late stage. The only thing you can do to reduce the ban is to complete the rehabilitation course you were offered.
 
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i did have a solisitor representing me and he was going go for a special reasons hearing but at last min advised me not to go though with the hearing as the lad who was going to drive my car home did not want to be a witness at court due to him getting back with his ex girlfiend and he did not want to cause problems in his relationship so this really anoyed me, my other two witnesses were willing to come to court, my solisitor also said that if i still went on to the special reasons it could have made my ban worse witch he predicted 18 months but i still got that anyway, the solisitor didnt really say anything on my behalf other than at the time a was not working so he asked if they could be leaniant on my fine but i would have ratherd a bigger fine than ban.

i have wrote to the magistrates courts and they have advised me that i have gone over the 21 day appeal but i could if wanted write to the crown court for leave to appeal out of time and it would be the crown courts descsion.

i just dont no what to do cause i would really benifit from my licence back but in the other hand i dont want an even bigger ban.
 
The sentencing guidelines do indicate that you could have got a 23 - 28 months ban for a reading of 92.

http://www.drinkdriving.org/drink_driving_sentencing_guidelines.php

Seems to me though that your solicitor made a pigs ear of your defence re, the 'special reasons' . Do you know if there was cctv footage available that shows the car park and the incident in question? I would have thought that another guy getting into your car which was unfamiliar to him in order to move it from the tight space then letting you get in to drive it home would have been highly unlikely. Therefore the 'balance of probabilities' were highly in your favour, indicating that you hadn't intended to drive your car home.

What the hell was this guy (was he a friend?) playing at by not wanting to make a statement or to testify to the incident in question!!!
 
yes their is cctv footage of all 4of us going to the car and the male getting in the car the car moves a coupleof times the male gets out the car moves again that was me the car goes off cttv so only the front of the car is visable the car moves bak forward to the original place my solicitor said the cctv wasnt that good as it was in black and white but then police arrive and the cctv footage turns clear from another cctv camera but by this time i am already out of the car.

the male was a friend and an ex boyfreind, i trusted him 100% but because at the time when my case was sent to court he was patching things up with his ex girlfriend and didnt want to get involved to save his relationship, so i was very angry at this but to him it didnt matter cause he was not the one loosing his license i no longer talk to him and never will again and if things dont work out with him and his girfriend and he thinks he can appolgise to me he will have a big shock cause loosing your license is horrible.
 
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