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Drunk Driving Offence - Please Help

#1
Hi,

Please help me out, I have been arrested on drink driving offence on Saturday night. I was moving my car on a street to another parking location which is near to my house as it is very hard to get free space nearby. I was returning from a pub and have seen a empty parking space so thought to move it and while reversing i bumped in to another car who was trying to park there so there was small scratch to that car. and then i parked my to another location stepped down to exchange the insurance details and the lady has called police reporting i was drunk, police arrived and did breathalyzer and the count was 88 so the officer has to take me to custody and the reading in the police station was 72. I was asked if have a solicitor as it was 3 am i had to choose one of the duty solicitors. In the morning solicitor has advised me to accept the fault as it has involved an accident so i did. Now i need to appear in court, i understand that i will get a hefty fine, but cant afford to get a driving ban, i do not drive for work but i and my wife (doesn't drive, no license) work in place, where there is no public transport available and this will sure effect our living and could loose a job. Please help.

Thanks
Manav
 
#2
A conviction for drink driving will unfortunately result in a minimum 12 month disqualification. Your reading places you in a sentencing bracket where the court will look to impose a ban of between 17 and 22 months together with either a fine or a community order. Unfortunately, your personal circumstances cannot be considered by the court as a way to avoid a ban. Where you have provided a reading in excess of the legal limit, the only way to avoid a ban, given the circumstances you outline, would be to defend the allegation. It may be that a 'technical' defence is the only avenue for you to consider but that would need to be fully investigated before committing to that route. I would advise speaking with a specialist on 0333 323 1106
 
#3
A conviction for drink driving will unfortunately result in a minimum 12 month disqualification. Your reading places you in a sentencing bracket where the court will look to impose a ban of between 17 and 22 months together with either a fine or a community order. Unfortunately, your personal circumstances cannot be considered by the court as a way to avoid a ban. Where you have provided a reading in excess of the legal limit, the only way to avoid a ban, given the circumstances you outline, would be to defend the allegation. It may be that a 'technical' defence is the only avenue for you to consider but that would need to be fully investigated before committing to that route. I would advise speaking with a specialist on 0333 323 1106

Hi Sean,

Thank you for your reply, on the court day - will i be sent to prison ? or will there be a ban and fine ?

Thanks
Manav
 
#4
Your reading is not high enough to mean custody will be considered. The court start to think about custody/prison when your reading is 120µg of alcohol per 100ml of breath or above. Your reading is significantly lower than that. Alongside a ban will likely be either a fine OR a community order. A community order for an offence like this is usually an unpaid work requirement in the community and is overseen by the probation service.
 
#5
Your reading is not high enough to mean custody will be considered. The court start to think about custody/prison when your reading is 120µg of alcohol per 100ml of breath or above. Your reading is significantly lower than that. Alongside a ban will likely be either a fine OR a community order. A community order for an offence like this is usually an unpaid work requirement in the community and is overseen by the probation service.
Thanks again, one last question. I have TS10 for jumping signal in 2016 and IN10 in 2012 will that make any difference ? or what can i expect with combining these ?
 
#7
A previous conviction for contravening a traffic signal will not affect the sentence for a drink driving conviction. The previous offence is not serious enough to be a consideration this time when the court are deciding sentence.
Thank you Sean. :) I am pleading guilty for the offence so the sentence should be fixed as you stated earlier, i guess ?
 
#8
Sentence for this is dependent on the reading as a starting point but can also be influenced by presenting positive mitigation surrounding your background and character. A reading of 72µg is around the middle of the bracket. This could mean that a ban anywhere between 17 and 22 months can be imposed. Focussed representation can help to minimise that. Should you wish to discuss options in that respect, please contact a specialist on 03333231106.
 
#9
Hi Sean,

DO i have to inform the insurance before the sentence about the collision, not informing or waiting until the court date is commiting another offence ?

Thanks
Manav
 
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