Have the magistrates got my sentance wrong?

[The Village Idiot]

Hi, I wonder if you could clarify something for me please.

I have been banned from driving for a year, offered the rehab course which I have completed, fined £270 and licence is due back in Feb 2011. Fully accept my stupidity, and have totally learnt my lesson.

However, I have just noticed that on the sentancing guidlines on this website, that an early plea of guilty to the magistrates should then be given a third off any impending ban. I pleaded guily at the first possible chance given.

I was only offered a reduction in ban, upon completion of rehab course, which is not what this website says.

So, I pleaded guilty, which should equal a 3 month reduction automatically, I have completed the course, should I have not been given a further reduction? or I could have and should have been offered the 3 month reduction without having to do the course, due to the early guilty plea.

Now either the website is wrong, or the law, has managed to palm another £175 out of me, to go with the fine, and the £65 its going to cost me to get my licence back, and not to mention the insurance. When really there was no need to.

My question based on the above is,

Have the magistrates and Law courts done their job properly in my situation?

I am a bit confused by what I have stumbled across on the website, I was convicted on a DR10.

Thanks for your anticipated help,

The Village Idiot.

 

[SeanJoyceStephensons]

Re: Have the magistrates got my sentence wrong?

Hi,

Thanks for your post.

It is correct that you should be given credit for a guilty plea. This applies to the financial penalty or, in more serious cases, the level of a community order or length of a custodial sentence.

The disqualification is an ancillary order and as such credit for a guilty plea does not operate in the same manner. The minimum period of disqualification which can be imposed for an offence of driving with excess alcohol is 12 months, subject to a 25% reduction for completing the drink driving scheme.

A person with a low reading, pleading guilty, is not entitled to a further reduction in the disqualification by virtue of their credit for a guilty plea.

I hope this helps.


Kind regards,


Carl Johnson
Solicitor
On behalf of Sean Joyce