Drink frive

[Scott1969]

Was breathalyser at 8.45pm was 98 microgrammes in breath! Did not drink during but was at concert in Birmingham nite before and carried on drinking till 7-8 in morning in hotel ! Travelled back by train then got home about 4! Then had a few hrs sleep ! Then went to shop in car and was stopped ! Thought I was ok cos been over 12hrs since last drink ? Wot will be sentenced with thanks

 

[TipsyNurse]

Was breathalyser at 8.45pm was 98 microgrammes in breath! Did not drink during but was at concert in Birmingham nite before and carried on drinking till 7-8 in morning in hotel ! Travelled back by train then got home about 4! Then had a few hrs sleep ! Then went to shop in car and was stopped ! Thought I was ok cos been over 12hrs since last drink ? Wot will be sentenced with thanks

The issue isn't how long it has been since you stopped drinking. The liver will only metabolise about one unit an hour, plus your body will still be absorbing alcohol after you stop drinking.

Because of that if you had over twelve units absorbed and waiting to be absorbed when you stopped drinking then you can still be over the DD limit even if you feel fine. Unfortunately DD is classed as a strict liability offence - you are responsible for the alcohol in your body even if you genuinely were not aware you would be over the limit.

They would normally take two readings on the evidential machine and use the lowest one. If your lowest one is 98 you can expect about 100 hours community service and a driving ban of just over two years, which can be reduced by 25% if you take a DD course. You will also be classed as a high risk offender and will need to take a medical before you get your licence back, which costs £90.

 

[Scott1969]

My 1st reading was 79 wich I cant understand ! Was it because fresh air or something! The officer even said to me if the reading at station 49 he would let me go!

 

[Scott1969]

My 1st reading was 79 wich I cant understand ! Was it because fresh air or something! The officer even said to me if the reading at station 49 he would let me go!

Meant 40

 

[TipsyNurse]

Do you mean the roadside was 78, but the lowest reading from the machine at the police station was 98?

It is unusual to get that discrepancy if you hadn't been drinking recently but the machine at the station is substantially more accurate. If there was a big difference between the readings on the evidential machine you could have a case that you should have been offered blood or urine testing but even then it would be a long shot with all your readings being considerably over the limit.

 

[Scott1969]

Do you mean the roadside was 78, but the lowest reading from the machine at the police station was 98?

It is unusual to get that discrepancy if you hadn't been drinking recently but the machine at the station is substantially more accurate. If there was a big difference between the readings on the evidential machine you could have a case that you should have been offered blood or urine testing but even then it would be a long shot with all your readings being considerably over the limit.

Thanks I’m pleading guilty just still in disbelief ! Will I be able to ask for a fine instead of community service !

 

[TipsyNurse]

Essentially no, the magistrates stick closely to sentencing guidelines and they suggest the minimum sentencing would be a community order unfortunately.

https://www.sentencingcouncil.org.u...s-alcohol-driveattempt-to-drive-revised-2017/

You will have a meeting with the probation service and if there is s reason why you can't do community service the courts will consider other options, but you can't choose a fine in lieu of community service.

If it helps if you are erudite they have placements in charity shops not working with other offenders. Not all community service is picking litter with a hi viz vest on.

 

[Rosie]

Thanks I’m pleading guilty just still in disbelief ! Will I be able to ask for a fine instead of community service !

Yes you can. I did and they gave me a fine and night curfew/tagging instead... which didnt bother me as i dont go out anyway and the only thing i really missed was midnight mass on Christmas Eve, three year back.

 

[TipsyNurse]

Yes you can. I did and they gave me a fine and night curfew/tagging instead... which didnt bother me as i dont go out anyway and the only thing i really missed was midnight mass on Christmas Eve, three year back.

Your one though, if I remember correctly, was slightly different in that the sentence was greater because it came after a drug drive/codeine conviction. In those circumstances the essential guidance is they must disqualify you for at least three years.

They may be minded to give a harsher fine or community sentence but they also have considerable discretion as long as they don't get below the minimum sentence. In your case my guess is they agreed that CS would be an unusually onerous punishment for a middle aged lady of previous good character and when the drugs in the previous offence were prescription meds.

That said, don't ask, don't get!

 

[Rosie]

Your one though, if I remember correctly, was slightly different in that the sentence was greater because it came after a drug drive/codeine conviction. In those circumstances the essential guidance is they must disqualify you for at least three years.

They may be minded to give a harsher fine or community sentence but they also have considerable discretion as long as they don't get below the minimum sentence. In your case my guess is they agreed that CS would be an unusually onerous punishment for a middle aged lady of previous good character and when the drugs in the previous offence were prescription meds.

That said, don't ask, don't get!

 

[Rosie]

Lol.. it was no harsh than some, but ive done my time and dont wish to dwell on it, Im only here to help out and give my own advice/experience on those who are new to the forum.

And no, in fact my codeine conviction was never recorded... my own solicitor was surprised it was not registered on the DVLA screen when i passed him my driving licence.

All I am saying, is that YES you DO get a chance to ask for a more hefty fine and curfew...regardless of past convictions. And regarding the comment of "current status of being middle aged" is ridiculous... age has nothing to do with drink driving.... Its a criminal offence regardless of age... you commit the crime, you do the time, get over it, and get on with it.

so please, go for that option of curfew rather than community service, if it is available to you... what have you got to lose if you dont ask

 

[TipsyNurse]

Age is routinely used to decide on sentencing, most frequently that people are too old to go to jail. That is why we have magistrates doing the sentencing rather than just punching your breath reading into a computer and seeing what sentence it prints.

 

[Rosie]

Age is routinely used to decide on sentencing, most frequently that people are too old to go to jail. That is why we have magistrates doing the sentencing rather than just punching your breath reading into a computer and seeing what sentence it prints.

can you link the official government sentencing criteria on middle aged drink drivers to back up what you are saying? Thanks

 

[TipsyNurse]

Magistrates don't follow government advice - they are part of an independent judiciary.

The broad focus is that sentencing should impact different individuals equally. The simplest example is that fines are adjusted for income. But it runs right through, to the point for example an individual will not be banned for totting if it will cause them exceptional hardship.

It's pretty easy to see that a driving ban is more likely to cause exceptional hardship to someone middle aged with more commitments than someone 17 years old.

The reason magistrates retire to sentence is in part to discuss the impact on you, and in extremis whether to require further reports before sentencing.

This is reflected in your case where you asked for a particular sentence, presumably provided rationale for it, and received it

 

[DonkeyKong]

For what is worth... I would have paid a large fine to reduce the ban length and CS hours... but nobody was interested in doing me any favours!

But... the Probation people are all lovely. They are used to dealing with bad-attitude nut-cases, so when you go in as a middle-aged, never-did-anything-wrong-before, remorseful and compliant polite person.... they will do a lot to help you.

You *really* don’t want to be on the chain-gang bus! Not because the work is beneath you, but because you will meet the kind of people you never met before and don’t want to again. I didn’t want to be “seen” as I was attempting to keep my job. I explained that, and I got a Charity shop instead of the chain-gang or the refuse dump. This isn’t cushy - I spent my whole summer doing the most mind-numbing / soul-destroying job I’ve ever done. But... I was tucked away, out the back, sorting clothes for 100s of hours. Nobody saw me, and it’s long since done.