Drunk In Charge - second offence

Convicted Driver Insurance

Johnny10

Member
Yeah I thought about ringing too, but hopefully they've lost my blood sample. I'm trying to get sorted, so the thought of prison is freaking me out big time
 

Jon1123

Well-known member
Yeah I thought about ringing too, but hopefully they've lost my blood sample. I'm trying to get sorted, so the thought of prison is freaking me out big time
As many have mentioned you are unlikely to go to prison. But I am fully waiting for the letter and to be charged, even though they are slow they seem to be on the ball. I havent read a single case of someone being over the limit and then them not being charged in time.
 

Johnny10

Member
Im still none the wiser as to what I am facing here based on the replies. Points? Ban? Length of ban?? Who knows. I guess it won't be prison. I wasn't actually driving for a start...
 

Recovered22

Well-known member
Im still none the wiser as to what I am facing here based on the replies. Points? Ban? Length of ban?? Who knows. I guess it won't be prison. I wasn't actually driving for a start...

We won't really know what you're facing until you are charged. Drunk in charge can carry points but usually for a first offence. Will have a better picture to advise once you are charged.
 

Johnny10

Member
We won't really know what you're facing until you are charged. Drunk in charge can carry points but usually for a first offence. Will have a better picture to advise once you are charged.

Cheers, fair enough. I'm assuming it will be drunk in charge. I'm finding the whole thing a drag
 

Jon1123

Well-known member
Hi Johnny, mine went over the 6 months and they dropped the case. Guess I was lucky, fingers crossed for you, all the best
 

Johnny10

Member
My charge has finally arrived today as follows:

In charge of motor vehicle - alcohol level above limit.

255 milligrams of alcohol in 100 millilitres of blood (contrary to section 5(1)(b) of the Road Traffic Act 1988 and Schedule 2 to the Road Traffic Offenders Act 1988.

Any thoughts?
 

Noangel25

Well-known member
My charge has finally arrived today as follows:

In charge of motor vehicle - alcohol level above limit.

255 milligrams of alcohol in 100 millilitres of blood (contrary to section 5(1)(b) of the Road Traffic Act 1988 and Schedule 2 to the Road Traffic Offenders Act 1988.

Any thoughts?
I can’t comment on your case but my friend was done for being drunk in charge of a vehicle on a pub car park .
He had 4 pints of Guinness in his system .

It was his first offence and he got 10 points and a fine . No ban .
 

Johnny10

Member
I can’t comment on your case but my friend was done for being drunk in charge of a vehicle on a pub car park .
He had 4 pints of Guinness in his system .

It was his first offence and he got 10 points and a fine . No ban .
Oh ok. This is my second offence. The last one was over 4 years ago
 

price1367

TTC Group
My charge has finally arrived today as follows:

In charge of motor vehicle - alcohol level above limit.

255 milligrams of alcohol in 100 millilitres of blood (contrary to section 5(1)(b) of the Road Traffic Act 1988 and Schedule 2 to the Road Traffic Offenders Act 1988.

Any thoughts?
The guidelines for your reading is a ban of up to 6 months, or a fine, but maybe a community penalty.
BUT they can take aggravating factors into account, and one of those would certainly be a recent similar conviction.
so they could elevate this to the next tier which is a ban of 6-12 months, a community penalty or even prison (although the latter is most unusual)
You would so face a medical before you can get your licence back as your reading was 200+.
It could well be worth getting a solicitor to mitigate for you. I do not always advocate this, as people can speak for themselves well if they write it down in advance, but given the range of punishment that the magistrates will have to consider in your case it could be money well spent. (But only look to spend £3-400)
 

Johnny10

Member
The guidelines for your reading is a ban of up to 6 months, or a fine, but maybe a community penalty.
BUT they can take aggravating factors into account, and one of those would certainly be a recent similar conviction.
so they could elevate this to the next tier which is a ban of 6-12 months, a community penalty or even prison (although the latter is most unusual)
You would so face a medical before you can get your licence back as your reading was 200+.
It could well be worth getting a solicitor to mitigate for you. I do not always advocate this, as people can speak for themselves well if they write it down in advance, but given the range of punishment that the magistrates will have to consider in your case it could be money well spent. (But only look to spend £3-400)
Hi John,

Thanks for taking the time to reply. It has been such a worry for me, esp my high reading. I've been very unwell this year and obviously this has made things much harder. I am prepared to lose my licence for a year and a fine. I guess I will just have to see what happens. I have got a solicitor so hopefully it won't be to tough on me, I am at breaking point with all the stress!
 

Johnny10

Member
Just a quick update. So I went to court, but because of a more recent incident (also drunk in charge) it has been adjourned. I have a drink problem that I'm currently dealing with, going to AA etc. I wonder how this will effect my sentence? Both are going to be dealt with in one hearing I hope
 
Enter code DRINKDRIVING10 during checkout for 10% off
Top