O88
Member
29 months is way over the top! Btw what RAR stands for?That seems an extremely harsh sentence James especially with no other previous drink driving convictions, seems very high end for charge.
29 months is way over the top! Btw what RAR stands for?That seems an extremely harsh sentence James especially with no other previous drink driving convictions, seems very high end for charge.
RAR days are basically rehabilitation activity days that are done via probation for drugs/alcohol misuse/abuse.29 months is way over the top! Btw what RAR stands for?
He had 3/4 pints and he is an alcoholic in their eyes? Plus 29 month ban? That is insane!RAR days are basically rehabilitation activity days that are done via probation for drugs/alcohol misuse/abuse.
29 months does sound steep, the only reason i can think for this is the fact of not providing a specimen (carries a longer ban and is seen as more severe) and secondly being involved in a road traffic collision, despite nobody being hurt it is classed as an aggravating factor again bumping up the sentence. However for a first drink driving offence to be banned 29 months, suspended sentence, RAR days and community service is a hell of a lot, whether there are other issues at play or the judge was having a bad day i dont know!He had 3/4 pints and he is an alcoholic in their eyes? Plus 29 month ban? That is insane!
That seems an extremely harsh sentence James especially with no other previous drink driving convictions, seems very high end for charge.
It does for a first driving offence, it just seems steep in the fact of the ban length, suspended sentence, 200 hours community service and 15 RAR days, it seems very excessive, baring in mind my first offence of not providing, got a 17.5 month ban and a fine, and was involved in an incident, no community service or suspended sentences etc.Is it? I had representation as well, who put across otherwise.
Yeah, I didn’t get a suspended sentence, but looking back, I think the magistrate took the advice of the pre-sentence report, which said community service OR Rar days and gave me both… I think I’ll contact my solicitor.It does for a first driving offence, it just seems steep in the fact of the ban length, suspended sentence, 200 hours community service and 15 RAR days, it seems very excessive, baring in mind my first offence of not providing, got a 17.5 month ban and a fine, and was involved in an incident, no community service or suspended sentences etc.
To be fair, I can still appeal. My solicitor sent me a letter/email yesterday that stated they thought theres no point appealing though.It’s to late to do anything now and I might be a million miles off, we don’t know what other factors were involved James, the sentenced is now passed and wouldn’t be worth the time or legal expenses to challenge it. I know failing to provide carries harsher sentences anyway but just seems very excessive for a first DD offence. Especially 200 hours community service/ Rar days and the 29 month ban. It’s almost at the 36 months starting point for a second drink drive!
It would be a long expensive process James, some people get lucky for first DD and get 16-17 month and a fine, some magistrates throw the book and make examples of people, like I say yours is slightly more serious failing to provide but like us all hopefully you’ve learnt from it!To be fair, I can still appeal. My solicitor sent me a letter/email yesterday that stated they thought theres no point appealing though.
Brief Description of Offence:
Drank 5 cans of strong cider in a country lane layby parked up in my car. Planned on sleeping in the car. Random passer by reported me.
Blood Alcohol Level and Reading Type:
56mg breath
Mitigating Factors:
No previous convictions, 30+ years clean driving licence
Aggravating Factors:
None.
Legal Representation at Court?:
Duty solicitor in court
Sentence:
No ban, £300 fine, DR40 conviction (in charge of vehicle, not driving), so 5 years on licence not 10 as regular drink driving conviction.
Offered the Drink Driving Rehabilitation Course?:
N/A
Sentence Comments:
I was fully expecting to be banned from driving and bought myself and Ebike to commute to work before my court date. I could not believe it when I was not banned. I thought all DD convictions were bans. I feel very lucky. I am still driving and my insurance is about 40 percent more (about £120 a year for me, no big deal), but at least I can still drive.
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I have still not actually had my DR40 conviction appear on my licence, despite being convicted last August. I check regulary on the DVLA licence checker and it still says I have a clean licence. I think it's a clerical error between the courts and them not informing DVLA. I was fully expecting a mandatory ban at the time, so I never even played the card of needing my car to get to work. The duty solicitor told me that because I was not actually driving and I was in a layby, I would be charged for 'in charge' as apposed to 'driving', so I should get 10 points and not be banned. That is exactly what happened in my court appearance. The strange thing was, I was in court all day and they closed my court late afternoon and I had to go into a side room for a video link to another court to be convicted. Maybe this is where the clerical error lies. I have assumed the DR40 based on my court conviction. The judge specifically said I would have 10 points and that I must be careful not to get even a speeding endorsement from now on as I would be banned under totting up. I had to renew my insurance recently and I declared the DR40 and points, with the fine that I got from the courts. I do however need to hire a car for a couple of days soon and I know that I could do this as the licence check would come up clean. I don't know whether I should play dumb and just hire the car as I have no licence convictions and I still don't know if they will ever be applied. I do obviously have a court record of my conviction.....Some people get lucky with a DR40 conviction and only get 10 points on their licence, which I'm assuming is what happened with you? Did you state to the magistrate(s) that you needed your licence to be able to get to work and that without it you'd likely lose your job?
I have still not actually had my DR40 conviction appear on my licence, despite being convicted last August. I check regulary on the DVLA licence checker and it still says I have a clean licence. I think it's a clerical error between the courts and them not informing DVLA. I was fully expecting a mandatory ban at the time, so I never even played the card of needing my car to get to work. The duty solicitor told me that because I was not actually driving and I was in a layby, I would be charged for 'in charge' as apposed to 'driving', so I should get 10 points and not be banned. That is exactly what happened in my court appearance. The strange thing was, I was in court all day and they closed my court late afternoon and I had to go into a side room for a video link to another court to be convicted. Maybe this is where the clerical error lies. I have assumed the DR40 based on my court conviction. The judge specifically said I would have 10 points and that I must be careful not to get even a speeding endorsement from now on as I would be banned under totting up. I had to renew my insurance recently and I declared the DR40 and points, with the fine that I got from the courts. I do however need to hire a car for a couple of days soon and I know that I could do this as the licence check would come up clean. I don't know whether I should play dumb and just hire the car as I have no licence convictions and I still don't know if they will ever be applied. I do obviously have a court record of my conviction.....
This thread has been created in order for you to add details of your drink driving conviction and subsequent sentence. It has been created as a means of a quick and easy look up and comparison for different sentences and intoxication levels.
Simply highlight the text below and press ctrl+c, click 'post reply', then press ctrl+v to paste the text into your reply. Once you have done this, substitute what appears after the bold text with your own replies.
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Brief Description of Offence:
e.g Had a couple of drinks, thought I was ok to drive OR had argument with spouse, stupidly got into the car to drive to a friends etc (keep it brief)
Blood Alcohol Level and Reading Type:
Breath/Blood/Urine e.g Breath 70ug OR refusal to provide specimen
Mitigating Factors:
Factors that the sentencing court would look favourable upon. e.g long clean driving record, no previous drink driving / criminal convictions, co-operation with the police, short distance driven, driving due to an emergency etc.
Aggravating Factors:
Factors that the sentencing court view as making the offence more serious. e.g involved in an accident, police chase, leaving scene of an accident, un co-operative with the police, previous drink driving / criminal convictions etc
Legal Representation at Court?:
Yes/No
Sentence:
Length of disqualification, fine and costs amount, community service, electronic tag, probation, prison? e.g 14 month ban, £200 fine, £60 costs, 180 hours community service.
Offered the Drink Driving Rehabilitation Course?:
Yes/No (if yes do you intend to take and complete the course?)
Sentence Comments:
Any comments on the sentence given? too lenient, too harsh, what you expected? (keep it brief)
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