DRINK DRIVING SENTENCES

huhuh

New member
Re: OMG!

Brief Description of Offence:
had moved my car 1/2 mile in to a car park after only a few pints drank over a course of 4 hours, considered myself sober. went back to where I was drinking and drank more (about 2 cans of strong lager and a shot). then returned to the car about 2 hours later with the intention of sleeping in car over night. was in the car for a short while when police van pulls up and they ask if I am drunk? I admit to being drunk but as i know I should not be in charge of the car I had put the car keys in the glove compartment of the car. I get these from the passenger side of the car and show them to the officer. I am then arrested and taken to the police station. no breath test in the street.

Blood Alcohol Level and Reading Type:
reading 1 = 47 mg, reading 2 = 46 mg. gave blood sample, awaiting results.

Mitigating Factors:
42 years old, no previous convictions, clean licence. was not intending to drive. live over 40 miles away from where i was parked and not as if i had started my journey home. work in the transport industry and have a vocational licence

Aggravating Factors:
none I can think of ???

Legal Representation at Court?:
probably will need to!

Sentence:
awaiting result of blood tests. so far spent 7 hours in a cell, DNA, fingerprints etc. seems all the norm having read the blogs on here. have to go back to Police Station, (about a 90 mile round trip) on 2nd September.

Offered the Drink Driving Rehabilitation Course?:
n/a

Sentence Comments:
i was not driving the car and I didn't intend to at the time. I was only just over the limit of alcohol. If I get even just points on my liecence I will loose my job as I work in Transport. I can't believe this is happening.

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wood1beez

Member
Re: OMG!

Hello
My pal was asleep in the passenger seat with no intention of driving after a night out drinking the police woke him up .He ended up getting a month ban but only because there was a fault with the blood testing machine otherwise it would have been 12 months! its very unfair .You really need a solicitor who is an expert in this field it will be worth every penny if you can avoid a ban especially if you need to drive for your job.I have heard of people getting independent blood test too as you were only just over the 39 limit.Good luck try to stay positive
 
Brief Description of Offence:
I went out in to town and stupidly thought it would be a good idea to drive back home with my friends in the car, it was about 2 miles, i drove 1 mile dropped one off and was spotted by the police at around midnight, he said my full beams were on ( i know they were not but that is by the by) he said he smelt alcohol on my breath and I admitted straight away saying I was probably over the limit, I was done for 'being in charge of a vehicle'

Blood Alcohol Level and Reading Type:
Breath 61ug

Mitigating Factors:
7 years clean driving record, no previous drink driving / criminal convictions, co-operation with the police, short distance driven well 1 mile when i was caught

Aggravating Factors:
3 friends in the car

Legal Representation at Court?:
Yes duty solicitor, he was amazing! very lucky with that.

Sentence:
10 points and £300 fine

Offered the Drink Driving Rehabilitation Course?:
No

Sentence Comments:
Very very lucky not to get banned, the prosecution was poor on the day and the duty solicitor played on the fact that I wasnt stopped driving or had no intention to carry on driving. I was very lucky that the mags agreed with this.

I have learnt never to drink and drive again, waiting for the court date has been hell and it really is not worth all the stress, plus drinking and driving is just WRONG!
 

AnotherDamnFool

New member
Brief Description of Offence:
Went out to pub (Sat) had drinks, left the car and went home. Went back to collect car late afternoon (Sun), happened upon friends, had drinks, went clubbing + drinking and in the early hours (4AM) of next day (Mon) - began walking home drunk, was freezing cold, happened to walk past the car I had left on Saturday and got in to get warm. Fell asleep and 1.5 hours later woke and stupidly decided to drive home. Drove for 2 minutes, got pulled as I veered across the lanes in front of an oncoming police car.

Blood Alcohol Level and Reading Type:
Breath: 81ug

Mitigating Factors:
23 years clean license, no previous drink driving / criminal convictions, co-operation, short distance driven?, driving due to freezing to death!

Aggravating Factors:
None

Legal Representation at Court?:
No. Spoke to duty, but agreed there was nothing for him to do. I presented court with written statement of events and remorse etc.

Sentence:
17 month ban, £600 fine (inc. costs) - 3 months to pay

Offered the Drink Driving Rehabilitation Course?:
Yes (+ intend to take and complete the course)

Sentence Comments:
Given the circumstances - it was probably the best I could have hoped for. I am still pissed at myself, but happy that I didn't injure myself or anyone else.

p.s. Great Forum !!!
 
Brief Description of Offence:
Son drank nil wanted to drive home had provisional, I let him, this was not planned.
Blood Alcohol Level and Reading Type:
Breath 71ug
Mitigating Factors:
long clean driving record, no previous drink driving / criminal convictions, short distance driven only 1.3 miles driven
Aggravating Factors:
I was un co-operative with the police only in sense that I ignored pc who told me to sit in his car, I was carrying my sons licence and tried to explain this to him, I had not been cautioned or advised of any charge against me, in summing up magistrates thought I had assaulted police, my solicitor advised they were confused, in fact police broke my ribs in unprovoked assault without warning or caution then lied about circumstances in disclosure.
Legal Representation at Court?:
Yes

Sentence:
Length of disqualification - none, mandatory 10 points for dr40, fine amount £350 in total including costs.

Offered the Drink Driving Rehabilitation Course?:
No as not barred.
Sentence Comments:
Sentence exactly as expected.
However astonished that the police and cps are allowed to lie in court without challenge from defence as reluctant to challenge as case is then likely to be referred to crown court.
The proceedings are a shambles, we live in a police state which is unaccountable to the law.

I was calm, however after the police assaulted me I was confused, as I had tried to be cooperative, the constable was immature and was alone and called back up who assaulted me without warning as soon as they arrived on scene.

My ribs were fractured and I have nerve damage from handcuffs being applied too tightly, i was also refused medical help at police station. I thought my spleen had been ruptured because of the pain in my ribs on the left side I could have died and they could not care less. I did see the police surgeon next morning who accepted my ribs were probably fractured and that the nerves to my hands had been damaged because the hancuffs had been applied too tightly, she stated that this what what the police did when they arrested people and if I wanted medical help this would delay my release.

The police and cps are a disgrace, I do accept culpability in allowing my son to drive me home, however I did not realise I was over the limit to supervise, however this does not give the police the right to assault and then torture people and then lie about what they have done.
 

ness

Member
Brief Description of Offence:
Went to stay at a friends house about 20 miles from home. We had an argument and I was thrown out of the house, very stupidly decided to drive to a travel lodge and was pulled over.

Blood Alcohol Level and Reading Type:
A very high reading of 120

Mitigating Factors:
Full clean driving license for 10 years. Complied with the police fully. I was in an area I was unused to, my friends partner threw me out in my PJ's along with all of my bags and keys to the car and told me to sleep in the car (which I should have done!)

Aggravating Factors:
Level of alcohol

Legal Representation at Court?:
Yes, had a bit of a nightmare there. Went to court and paid £650, unfortunately they had to have me interviewed by a probation officer to decide what punishment I would receive, and there wasn't anyone there to do it. Court was rescheduled for the following week, so had to pay the solicitor again, this time £500.

Sentence:
I was given a 36 month ban and court costs and fines of £740

Offered the Drink Driving Rehabilitation Course?:
Yes and will deff do it.

Sentence Comments:
My solicitor told me that I could get a prison sentance but it was unlikely (imagine trying to sleep with that on your mind) because of the level of alcohol. I was definitely expecting community service, or a curfew ( I am a mother of 2). Am please the court bit is all over - just the long wait to drive again now...
 

quartz

Well-known member
Brief Description of Offence:
Had three pints after work. Drove to get petrol almost 3 hours later, thought I'd be under limit. Stopped by police as was going 59 in 30 zone.

Blood Alcohol Level and Reading Type:
Breath 63

Mitigating Factors:
17 years without any offences, full co-operation with police, of good character (letter of ref from employer)

Aggravating Factors:
None (police report didn't mention the speed)

Legal Representation at Court?:
No. Asked to speak to duty solicitor, although he had a quick word he said he only represented people who had a good chance of receiving a custodial sentence.

Sentence:
18 month ban, 365 fine, 85 costs, 15 victims surcharge

Offered the Drink Driving Rehabilitation Course?:
Yes. Undecided on whether to take or not.

Sentence Comments:
About what I expected for the fine. Thought ban was one month longer than I should have got as I was at the low end of that particular band. The mitigation I put forward was clearly a waste of time and effort as the magistrate simply read his table and decided from that. I'm glad I didn't hire a solicitor, as it would have been waste of money.
 

DMR

Member
Brief Description of Offence:
No excuses, went out for a few beers, decided to drive home as it was hammering down with rain.

Blood Alcohol Level and Reading Type:
Breath - 66

Mitigating Factors:
I think people are a bit confused about this. I have (had!) a clean license (5 years), behaved myself, no convictions etc but these are not mitigating factors. They probably stood me in better stead than someone who is obviously keeps breaking the law though.

Aggravating Factors:
Speed, 50 in a 30, although this was not mentioned in court. Also no insurance - had missed the last DD payment, and had subsequently been cancelled - I had no knowledge of this prior to seeing the charge sheet before my hearing.

Legal Representation at Court?:
No. Briefly spoke to the duty solicitor, she was quite helpful in that she tweaked a couple of things in my statement I read in court, and gave my character references the all clear. But ultimately not alot she could do as I was bang to rights.

Sentence:
18 month ban, 90 fine, 50 costs, 15 victims surcharge (£155 all in, full time uni student - very lucky with this amount).

Offered the Drink Driving Rehabilitation Course?:
Yes. £170 to take it, but worth it to reduce my ban to 13.5 months, so will take it.

Sentence Comments:
I'm very pleased, truth be told. My sentencing bracket was 17-22 months, given I had no insurance and was speeding, I'd braced myself for 20-22 months. I held my hands up and think I spoke well in court so this may have helped. The fine of £90 was also a great result, £155 all in, won't ruin me but as a student that does hurt - could have been so much more though.
 

new_pedestrian

Well-known member
DMR - you did well there. I also blew 66 but without the aggravating factors you mentioned concenring insurance and speeding, and I got a 17 month ban (reduced to 13 with the course) and a heftier fine totalling £330 including costs and victim surcharge. Also my course cost £220!
 

liveade

Member
Brief Description of Offence:
2 pints within hour and half, no food all day, left pub felt fine car pulled out 10m or so infront of me tried to avoid him and hit another car

Blood Alcohol Level and Reading Type:
Breath lowest 71

Mitigating Factors:
no points, clean lisance for 13 or so years never been in bother

Aggravating Factors:
accident hit parked car but indoing this avoided anyone being injured

Legal Representation at Court?:
Yes

Sentence:
18 month ban, £250 fine, £85 costs, £15 victim fee

Offered the Drink Driving Rehabilitation Course?:
Yes and intend to do it

Sentence Comments:
think it is ok could have been alot worse
 

luckyme

Member
Brief Description of Offence:
Drove less than a mile to help a friend was caught and co-operated fully with the police. Police were rude and unhelpful whilst I was in the cell crying my eyes out and scared! Therefore didnt call for a solicitor as I just wanted to go home and they knew this!

Blood Alcohol Level and Reading Type:
Breath lowest 54

Mitigating Factors:
No points on lisence, drove less than a mile, helping a friend out, 2 family members that depend on me for my car Aggravating Factors:
Passenger?

Legal Representation at Court?:
Yes - Duty Solicitor - very helpful

Sentence:
16 month ban, £275 fine, £85 costs, £15 victim fee

Offered the Drink Driving Rehabilitation Course?:
Yes and intend to do it

Sentence Comments:
Not overley impressed judges were not interested in hearing my side of the story the CPS only read out certain factors that would make me seem worse to the prosecution didnt mention that I co-operated fully with police! Even the duty solicitor said I should have just got 12 months but I guess i've learnt my lesson and will never do it again and thats the sole purpose of the whole experience for me!
 

stec

Member
Brief Description of Offence:
Had been out with my partner, returned to her house afterwards and continued drinking. We had a domestic row and she asked me to leave. I got in my car and started to head home. Turned around after driving for a while and was reported by someone as erratic driving on the way back. Police stopped me and i was arrested.

Blood Alcohol Level and Reading Type:
Breath 74

Mitigating Factors:
Clean driving licence, first offence. Recently unemployed. Long distance relationship.

Aggravating Factors:
None

Legal Representation at Court?:
No. Duty Solicitor who spoke on my behalf.

Sentence:
16 Month disqualification, £100 fine + court fees = £200.

Offered the Drink Driving Rehabilitation Course?:
Yes, disqualification reduced to 12 months. I definitely intend to do this.

Sentence Comments:
The fact that i got 2 character references and i produced a plea of mitigation for the magistrate definitely helped. They adjourned to discuss. I also wore a suit which helped impress. This was the most lenient sentence they could impose due to the law and guidelines. The fine was based on me being unemployed. I got 14 days to pay it as i had substantial savings from a redundancy pay out. It was the best outcome i could have hoped for and the extra preparation and research into the law beforehand definitely played a big part. Thanks to drinkdriving.org for the advice i found which was invaluable ;)
 
Brief Description of Offence:
Driving home, had a couple of pints but didn't realise I still had quite a bit of alcohol in my system from the day before

Blood Alcohol Level and Reading Type:
Breath lowest 85

Mitigating Factors:
Possibility of losing job if ban was lengthy, sole bread winner in household with two young children. I drive a lot in my job and a car is a pre-requisite.
Two references, one from employer and another from a friend

Aggravating Factors:
None

Legal Representation at Court?:
Yes - Hired Rob Bimpson of TrafficLawyers4U who prepared the case of mitigation and instructed a local barrister who was excellent. £650 + VAT

Sentence:
16 month ban, £1000 fine, £85 costs, £15 victim fee

Offered the Drink Driving Rehabilitation Course?:
Yes

Sentence Comments:
Judges listened to plea of mitigation regarding loss of job if the ban was a long one. They came down below their guidelines to ensure that I stayed employed. All in all I felt they were very good and treated the matter on its individual merits. Obviously I was pleased as I have kept my job.
 

Lex2011

New member
Brief Description of Offence:
Driving home from a friends not realising how much I had drunk. Thought I was fine. Pulled over by the police for irratic driving and the rest is history...

Blood Alcohol Level and Reading Type:
Breath lowest 85

Mitigating Factors:
Fully co-operative with the police, no criminial record, early guilty plea. Dressed smart in a suit on the day which I think looks better

Aggravating Factors:
None

Legal Representation at Court?:
Yes and would highly recommend it! Was £420 (inc.VAT) and he was excellent at keeping me calm and helping me through everything.

Sentence:
22 month ban which will be reduced to 17 months with the rehabilitation course, £200 fine, £85 costs, £15 victim fee = £300 + the solicitors fee of £420 meant a grand total of £720!!!

Offered the Drink Driving Rehabilitation Course?:
Yes and will definatly do it.

Sentence Comments:
Glad that I was offered the course and felt the sentence was fair. The fine was much lower than I thought and although 17 months seems like a long time i'm sure it will go quickly! DEFINATLY have learnt my lesson!!!!!
 

DGC

Member
Brief Description of Offence:
Had had a few drinks at my girlfriend's house with a few other people and for some reason that will always be unknown to me I decided to get in her car and go for a drive.

Blood Alcohol Level and Reading Type:
Blew 77

Mitigating Factors:
No previous convictions for anything, literally drove about 200 yards (my girlfriend lives on a main road in the city) before I got stopped. Was fully compliant with all procedures and I admitted to the Inspector who pulled me over that I knew I was over the limit and that I knew I was not insured to drive my girlfriend's car.

Aggravating Factors:
None, other than the fact that I was also uninsured

Legal Representation at Court?:
No

Sentence:
15 month ban, £500 fine (including the insurance charge) and I got told I would have to complete a 'competency to drive' test before I get my licence bac

Offered the Drink Driving Rehabilitation Course?:
No

Sentence Comments:
I thought the ban would have been longer (at least 18 months) but I thought the fine would have been about £100 or so less in total. Wasn't expecting to have to complete a test before I get my licence back.

All in all a very embarrassing and shameful experience which will hang over me forever. Also, I'm a student so the fine is a hell of a lot of money but in the summer I will be working full time so hope to get it all paid off sooner rather than later. Fortunately my gran wants to pay off all the fine for me straight away so I just have to pay her back rather than the court.
 

ricmatisse

New member
Brief Description of Offence:
Dinner with friend...half a 70cl bottle vodka between us....

Blood Alcohol Level and Reading Type:
Blood: 127

Mitigating Factors:
Partner suffering from chronicle pain due to cancer/highly qualified professional working for community

Aggravating Factors:
2nd offence within 10 years....

Legal Representation at Court?:
No

Sentence:
36 months reduce by 9 due to been offered Drink Driving Rehabilitation Course for the second time...Fine £385+£100 costs

Offered the Drink Driving Rehabilitation Course?:
Yes and I will attend it.

Sentence Comments:
Mitigation,mitigation and mitigation...The Law is the Law and Magistrates cannot changed it but if you speak truly to their hearts you may get the minimum possible.BE HONEST!

ADVICE TO ALL: Do not drink and DRIVE,please!!!
__________________
 

banned436

New member
Brief Description of Offence:
Drunk bottle of grappa, hit another car after driving 5 miles

Blood Alcohol Level and Reading Type:
??? blew 126

Mitigating Factors:
Depression regarding terminal illness of father

Aggravating Factors:
hit another car

Legal Representation at Court?:
yes

Sentence:
150 hrs community payback, 36 month ban

Offered the Drink Driving Rehabilitation Course?:
Yes and I will attend it.

Sentence Comments:
can't argue with it, it was at the bottom of the allowable band, my brief tried to talk the court into using another band but magistrate refused and reminded him that they had the power to impose a custodial sentence - i am now doing community payback - working in a charity shop for 150 hours.
 

bhuna

New member
Brief Description of Offence:
Drank Heavily day before, so did girlfriend. I have a provisional and drove car with GF as passenger as she had a lot more to lose than me if stopped by police. Not insured and no 'L' plates.

Blood Alcohol Level and Reading Type:
Breath test at scene was 58ug. 61ug at police station

Mitigating Factors:
First drink drive offence. Up front with police at scene and told them I was not insured. Witnesses at the scene said it wasn't my fault

Aggravating Factors:
A 9 year old child ran between parked cars and into the side of the car I was driving, trapping his foot under drivers side front wheel. I was only doing 10 MPH.

Legal Representation at Court?:
VHS Fletchers in Nottingham. Got them to represent me with only ONE hour notice of my appearance in court. Excellent job.

Sentence:
22 month ban but going to do the 25% reduction course, £300 including £150 fine for no insurance, £50 Driving other than in accordance with a licence, £85 costs, £15victims surcharge

Offered the Drink Driving Rehabilitation Course?:
Yes, and I intend to take it

Sentence Comments:
Happy with result. All 5 Witnesses said it was the childs fault but 2 changed their statements when they discovered I was over the limit.
 

147

New member
Copy text below

Brief Description of Offence:
been out with a mate snookering and had four pints and drove home.got pulled up because i had my fog light on

Blood Alcohol Level and Reading Type:
had a road side breath test which i failed then went to the station and gave two more and my reading was 51

Mitigating Factors:
clean driving licence,no past convictions was very polite and curtious at the station

Aggravating Factors:
no aggrevating factors at all.i just got pulled up due to me having my fog light on and wasnt even foggy

Legal Representation at Court?:
No

Sentence:
got a 12 month ban reduced to 9 if i took the rehabilitation course which was 16 hours spread over four sat mornings.fined £300,£80 costs and £250 for the course

Offered the Drink Driving Rehabilitation Course?:
Yes and taking the course

Sentence Comments
i would have settled for the sentence that morning and even the duty solicitor said that i,d done well.never ever will i drink and drive again
 

AMB

Member
Brief Description of Offence:
Had three glasses of wine and had an argument with my partner and got into my car to go and clear my head

Blood Alcohol Level and Reading Type:
Blew 67

Mitigating Factors:
clean driving licence, no criminal convictions, no previous drink driving, fully cooperative with police, detrimental effect to own small business, live in rural area, three character references plus own mitigation letter

Aggravating Factors:
None.

Legal Representation at Court?:
Yes.

Sentence:
18 month disqualification, £280 fine, £85 court costs, £15 victims surcharge.

Offered the Drink Driving Rehabilitation Course?:
Yes and I intend to complete course.

Sentence Comments:
Thought that the sentence was too harsh considering the factors put before the bench. I think I was being made an example of.

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