First offence drink driving 135 breath test readin

Convicted Driver Insurance

PJN

New Member
My employee - Head Chef aged 24 who’s been with us since came as pt pot washer at 15, crashed his car into a tree on 21 Sept 18. Police etc arrived at scene. No one else involved/harmed. Was taken to hospital with cuts and severe bruising. Blood test taken after 4 hours wait then released from hospital. Wasn’t detained or interviewed. Heard nothing until today 16 Nov. Given court date of 7 Dec. Breath test refund according to letter was 135. Not sure if/when blood test result will be forthcoming. Plans to plead guilty ASAP unless advised not to (perhaps if procedural issues I.e. no contact, notice of prosecution until today).

As insurance wouldn’t clover removal/disposal of car due to drink driving offence, had to lay for this plus had to compensate farmer who’s field/ headgear he crashed through.

He lives 2 miles from work with no public transport. Works split shifts. Sometimes late finish. Sat up,late talking with him night before drove after drinking. He was very low, talked a lot about his father who moved out when he was young and doesn’t really bother with him/let’s him down if do arrange to meet. But within last few months his stepdad, who has brought him up split up with his mum and moved out. Very little contact though did send him a birthday card. Confessed to gambling/money issues and feeling life not worth living. Gave him an ear, a bed and a bit of a pep talk as is actually a lovely young man with great potential, who we have put through Level 3 Apprenticeship and who is now pivotal to our pub restaurant business,

Not sure how to advise or help him prepare for court date aside from getting solicitor and supplying character ref. Been v difficult for him to get to work as is unsafe walking route from town where he lives to village where he works and needs to make trip 4 times a day except Sun eves and Mondays. (Day off). Earns £288.24 paw (after deductions). Lives with his mum who has rhreumatod arthritis and his adult brother. They all contribute to household costs. House likely to be sold following break up. Will need to move house, perhaps further away from work.

Would welcome advice on:
If/when should plead gulity
How to explain his lack of judgement that night, in drinking then driving
Likely sentencing parameters

It would have severe detrimental effect on our business if given custodial sentence and not sure could keep his job open. Community service would only be possible on his one full day off per week. Fine, if imposed, would be difficult but possible, as he already has debts.

Advice and pointers would be very welcome.
 
My employee - Head Chef aged 24 who’s been with us since came as pt pot washer at 15, crashed his car into a tree on 21 Sept 18. Police etc arrived at scene. No one else involved/harmed. Was taken to hospital with cuts and severe bruising. Blood test taken after 4 hours wait then released from hospital. Wasn’t detained or interviewed. Heard nothing until today 16 Nov. Given court date of 7 Dec. Breath test refund according to letter was 135. Not sure if/when blood test result will be forthcoming. Plans to plead guilty ASAP unless advised not to (perhaps if procedural issues I.e. no contact, notice of prosecution until today).

As insurance wouldn’t clover removal/disposal of car due to drink driving offence, had to lay for this plus had to compensate farmer who’s field/ headgear he crashed through.

He lives 2 miles from work with no public transport. Works split shifts. Sometimes late finish. Sat up,late talking with him night before drove after drinking. He was very low, talked a lot about his father who moved out when he was young and doesn’t really bother with him/let’s him down if do arrange to meet. But within last few months his stepdad, who has brought him up split up with his mum and moved out. Very little contact though did send him a birthday card. Confessed to gambling/money issues and feeling life not worth living. Gave him an ear, a bed and a bit of a pep talk as is actually a lovely young man with great potential, who we have put through Level 3 Apprenticeship and who is now pivotal to our pub restaurant business,

Not sure how to advise or help him prepare for court date aside from getting solicitor and supplying character ref. Been v difficult for him to get to work as is unsafe walking route from town where he lives to village where he works and needs to make trip 4 times a day except Sun eves and Mondays. (Day off). Earns £288.24 paw (after deductions). Lives with his mum who has rhreumatod arthritis and his adult brother. They all contribute to household costs. House likely to be sold following break up. Will need to move house, perhaps further away from work.

Would welcome advice on:
If/when should plead gulity
How to explain his lack of judgement that night, in drinking then driving
Likely sentencing parameters

It would have severe detrimental effect on our business if given custodial sentence and not sure could keep his job open. Community service would only be possible on his one full day off per week. Fine, if imposed, would be difficult but possible, as he already has debts.

Advice and pointers would be very welcome.

Was he taken to the police station at any stage? He cannot be charged with driving with excess alcohol in breath unless he has provided a specimen at the police station. A handheld device is not evidential. It may be that the charge sheet states breath in error but refers to the blood reading. If he has been charged and has a court date then the police will have all of the evidence they intend to rely upon.

I would recommend speaking with a solicitor as the procedure at a hospital can be very complicated. It may be that there are procedural defences but a more thorough investigation process would be needed. If the reading relates to blood then that would fall in the lowest possible sentencing bracket. If it relates to breath (unlikely based on what you have said about the circumstances of the offence) that would be in the highest bracket. The highest bracket carries a penalty of between 29 and 36 months driving ban and either a community order or prison sentence. The lowest bracket carries a penalty of between 12 and 16 months together with a fine.

I would highly recommend contacting a specialist to discuss in more detail on 0333 009 5535.
 
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