Failing to provide a specamin

[Derekward]

Never had this myself, I was on the other side….. Police officer for 30 years, including 14 years as custody Sgt dealing with breath tests and giving evidence in court.
Plus 15 years of running Drink Drive Rehabilitation courses for convicted drink drivers to help then get their licence back early.

Well it’s shows your compassion for human beings helping people when they need it most

 

[price1367]

I try not to judge.
I have met many people who have been caught drink driving and I have often been struck by their back stories about why they drink, or how being caught drink driving has been the only thing to make them face up to the issues in their life.
I feel privileged about being able to help in a small way with their problems.

 

[stu12341234]

Hi,

Price1367 has a good heart. Hard to find anyone that holds the same knowledge and willing to help others. (Even if they are in the wrong or right).

Kind regards,




Stu

 

[Derekward]

Hi,

Price1367 has a good heart. Hard to find anyone that holds the same knowledge and willing to help others.

Kind regards,




Stu

Absaloutly he has helped me and I’m sure he has helped a lot of people through these hard times . You don’t often get to see the goodness in people it’s refreshing

 

[Polly3]

The advice from CJ and Price sound spot on with regards to the 10 year limit.
All I know is I was convict for Failure to supply in February 2020. It was my first and only offence and was classed as a HRO so needed to do a medical.

Thats because fail to supply on its own you straight into that category . The same applies to me .

 

[Polly3]

Derekward

If you were done for drink driving ten and half years ago, there is a likely chance you will be classed as a HRO (High Risk Offender) and be looking at a minimum of 36 months off the road this time around.

A DR10 marker lasts for 11 years from the date of the first conviction. Even though, you do not have to declare your conviction after five years, the DR10 serves as sentencing guidance for Magistrates when dealing with second DUI offences within 11 years.

You might be fortunate, not to fall into the HRO category, but I reckon if you are just short of the 11 year milestone from the first offence, you could be looking at a lengthy ban.

As Price has rightly pointed out - you will not go to prison, but the Magistrates bench may impose a further punishment this time around which might be community service or some sort of referral if you have any alcohol issues.

CJ

It is two convictions within 10 years.

 

[Polly3]

It is two convictions within 10 years.

Sorry everyone ! Didn’t see this had all been discussed before I posted . Yes. Re Price comment, offences occur in a context . Mine did ( that doesn’t make it any less serious) and it was the case with most on my course .

 

[Derekward]

Well between CJ and myself, we have got there with full advice.
You are right, CJ, I didn’t make it clear in my post, especially to people not used to the terminology…..

2 convictions in 10 years makes you get a minimum 3 year ban, and the actual High Risk Offender label is attached by DVLA to identify people who will have to undertake a medical before getting their licence back,
So 2 convictions in 10 years leads to a SENTENCE of a minimum 3 year ban, but as a CONSEQUENCE of 2 convictions in 10 years, or failing to supply or blowing over 87 in breath (or equivalent) DVLA attach the label of High Risk Offender, leading to the need for a medical.

I have seen people complain that they were ‘told nothing about the need for a medical when they were at court’. and the reason for that is it is nothing to do with the court process, just a consequence of it when applying for your licence back.
Simple, isn’t it? (not)

Hi price
do you think that I will not get sent down as you have not said ?
I’m asking your opinion as you know the law
and I have not told my works yet

 

[C J 1980]

Hi price
do you think that I will not get sent down as you have not said ?
I’m asking your opinion as you know the law
and I have not told my works yet

Derekward

To answer the question - NO - you will not get jail time. The two drink driving offences are a decade apart anyway so you won't be classed as a 'repeat' offender.

Because you are a HRO who has failed to provide, you may be looking at maybe additional punishment by the court by way of a alcohol referral or some community service, but you won't be looking at any custodial or suspended sentence.

CJ

 

[Polly3]

Hi price
do you think that I will not get sent down as you have not said ?
I’m asking your opinion as you know the law
and I have not told my works yet

I failed to provide and got a fine and a ban .

 

[price1367]

Hi price
do you think that I will not get sent down as you have not said ?
I’m asking your opinion as you know the law
and I have not told my works yet

NO, YOU WILL NOT BE GOING TO PRISON.
Now are you reassured?

 

[stu12341234]

Hi,

As Price said NO PRISON get that thought out of your mind, it is not happening.
Keep your head up!

Kind regards,




Stu

 

[Derekward]

Hi,

As Price said NO PRISON get that thought out of your mind, it is not happening.
Keep your head up!

Kind regards,




Stu

Thanks stu and price

 

[Derekward]

I failed to provide and got a fine and a ban .

Hi polly

can I ask how long was your Ban and was it a hefty fine ? Sorry I didn’t respond to your posts I’m not entirely sure how to use this site

 

[Polly3]

Hi polly

can I ask how long was your Ban and was it a hefty fine ? Sorry I didn’t respond to your posts I’m not entirely sure how to use this site

Hey , don’t worry. My ban was 32 months reduced to 24 with Drink Drive Course and fine £900 ish . The fines go on income . The Ben was longish but I was happy with it as I avoided a community penalty.

 

[Derekward]

Hey , don’t worry. My ban was 32 months reduced to 24 with Drink Drive Course and fine £900 ish . The fines go on income . The Ben was longish but I was happy with it as I avoided a community penalty.

This was your first offence , this will be my 2nd my first was 10
And a half years ago

 

[Polly3]

This was your first offence , this will be my 2nd my first was 10
And a half years ago

Yes, but the fact that yours was still ver 20 years ago means that even if referenced , it cannot be taken into account when sentencing .

 

[Polly3]

Yes, but the fact that yours was still ver 20 years ago means that even if referenced , it cannot be taken into account when sentencing .

Sorry , I meant to say over 10 years ago

 

[C J 1980]

It is two convictions within 10 years.

Thanks.

I have never been able to properly ascertain whether it's 10 or 11 years. I believe any DR10 marker has to stay on your licence for 11 years.

CJ

 

[price1367]

Thanks.

I have never been able to properly ascertain whether it's 10 or 11 years. I believe any DR10 marker has to stay on your licence for 11 years.

CJ

It remains on your licence record for 11 years, but the only reason for that is if you get 2 convictions in 10 years you get a minimum 3 year ban. To stop people being caught at 9.5 years and then getting a few adjournments to go past the 10 years and the first one disappearing, it stays on the licence for 11 years.
So the conviction is spent after 5 years as a criminal conviction (unless you have an enhanced DBS when it is 11 years), is disclosable for insurance for 5 years, remains on your record for court purposes for 10 years, but is not removed for 11 years.
Simple, isn’t it!!!!!