Hearing and sentenced today

Convicted Driver Insurance

jonnny29

New Member
I won’t go into any great depth. I was breathalysed by the police after driving home. A member of the public called them and rightly so. I was just getting out of my car when they arrived. Blew 84and then 94 at the station. I cooperated throughout, from admitting before initially tested.

Ok, I am bang to rights and did what they said.

However at Court today I got 24 months (perfectly fair) and Band D fine. They have calculated this on my gross income. I thought it had to be net? Even just take the tax off and no outgoings I would accept? Thoughts?
 
I won’t go into any great depth. I was breathalysed by the police after driving home. A member of the public called them and rightly so. I was just getting out of my car when they arrived. Blew 84and then 94 at the station. I cooperated throughout, from admitting before initially tested.

Ok, I am bang to rights and did what they said.

However at Court today I got 24 months (perfectly fair) and Band D fine. They have calculated this on my gross income. I thought it had to be net? Even just take the tax off and no outgoings I would accept? Thoughts?
I have no idea re the fine; sorry I can’t help on that but how was the experience? Have they classed you as HRO?
 
I won’t go into any great depth. I was breathalysed by the police after driving home. A member of the public called them and rightly so. I was just getting out of my car when they arrived. Blew 84and then 94 at the station. I cooperated throughout, from admitting before initially tested.

Ok, I am bang to rights and did what they said.

However at Court today I got 24 months (perfectly fair) and Band D fine. They have calculated this on my gross income. I thought it had to be net? Even just take the tax off and no outgoings I would accept? Thoughts?

Did you fill in the means tested form, that with payslips plus savings is all taken into account
I have no idea how they did the maths for me but I took it on the chin - just wanted to move on
 
Did you fill in the means tested form, that with payslips plus savings is all taken into account
I have no idea how they did the maths for me but I took it on the chin - just wanted to move on
I did but they didn’t ask me for it. It now transpires that my solicitor told them my gross was my net. Spoken to the solicitor and they are saying that is what I told them. I didn’t. As they ‘have a different view of events’, they won’t help me.
 
Jonnny29,
If you feel the fine was excessive, this is the correct procedure to follow, the fines officer can only adjust the paYments schedule, not the total amount You have to pay:

Change the amount you’ve been fined
You can ask the court to change the amount you’ve been fined if:

  • your financial circumstances have changed
  • the court did not know your income at the time of your conviction (my bold)
 
As the station reading is used and it was 94 unfortunately you will be classed by the DVLA as a HRO

As ludicrous as it may seem you will not be informed by the DVLA that you are classed as a HRO until they send you the forms towards the end of you ban. Its like a nice little surprise waiting for you at the end of your ban that they dont tell you about .

If you have ever told your GP that you drink to much / admitted drinking more than current guidelines/ or sort help for problem drinking this will be used against you. request to see your medical records and have them correct if they are wrong, you will suprised what they write about you.
You will have to prove you dont have a drink problem and prove you abstain for 12 months (dependant) or moderate your drinking for 6 months (misuse) - unhelpfully the DVLA do not expand on how you can prove any of this - people on this forum have stated getting LFT blood tests at regular intervals (say 3 or 6 months) but LFT results only prove you dont have a liver problem. Thats why the DVLA insist on CDT test at the driving medical as its the only proven way to show long term alcohol misuse.
 
As the station reading is used and it was 94 unfortunately you will be classed by the DVLA as a HRO

As ludicrous as it may seem you will not be informed by the DVLA that you are classed as a HRO until they send you the forms towards the end of you ban. Its like a nice little surprise waiting for you at the end of your ban that they dont tell you about .

If you have ever told your GP that you drink to much / admitted drinking more than current guidelines/ or sort help for problem drinking this will be used against you. request to see your medical records and have them correct if they are wrong, you will suprised what they write about you.
You will have to prove you dont have a drink problem and prove you abstain for 12 months (dependant) or moderate your drinking for 6 months (misuse) - unhelpfully the DVLA do not expand on how you can prove any of this - people on this forum have stated getting LFT blood tests at regular intervals (say 3 or 6 months) but LFT results only prove you dont have a liver problem. Thats why the DVLA insist on CDT test at the driving medical as its the only proven way to show long term alcohol misuse.
When you get letter post court from dvla it says if you need a medical or not etc
 
As ludicrous as it may seem you will not be informed by the DVLA that you are classed as a HRO until they send you the forms towards the end of you ban. Its like a nice little surprise waiting for you at the end of your ban that they don't tell you about .

My 2 cents

I have received a letter from DVLA at the start of my ban that i have to undergo a medical examination (being an HRO, they won't tell the reasons though) before the licence is reinstated. It was also the same case with my friend.

:) Sam
 
My 2 cents

I have received a letter from DVLA at the start of my ban that i have to undergo a medical examination (being an HRO, they won't tell the reasons though) before the licence is reinstated. It was also the same case with my friend.

:) Sam
That is what is supposed to happen, so you are actually informed of the medical about 2 weeks after your ban at court.
The problem is that people get the letter, open it and read “we are writing to confirm your disqualification At... on ...” and think “I know that” and throw it away! They do not go on to read the bit about ....”you will be required to undertake a medical at the end of your ban before your licence is restored....”
There is also the issue that the letter is sent to the address on your driving licence, not the address you gave the court or the police, so if you have not kept that information up to date with DVLA then you will never receive the letter anyway.
 
My 2 cents

I have received a letter from DVLA at the start of my ban that i have to undergo a medical examination (being an HRO, they won't tell the reasons though) before the licence is reinstated. It was also the same case with my friend.

:) Sam
You have answered your own query "being an HRO, they won't tell the reasons though". The reason you need a medical is that you are an HRO....
 
interesting that some of you have had letters after the court case - I unfortunately never received a letter post court
 
I have indicted before that the letter is sent to the address on a driving licence, not the address given to the court or the police so if the address has not been updates it will not arrive.
 
As an hro, if you have any alcohol issues logged with your gp,then lft results will support your application for relicencing,for the last yearof your disqualification have 3 or 4 if you have any dependency issues,2 if you have misuse, plus a date you have stopped drinking logged with your gp (for dependency)
This is important because if there are ANY notes with your GP in the last 6 years you need to show 12 months abstinence for dependency, or 6 months controlled drinking (14 units a week max.) for misuse to support your application
 
Price - The address on the license and at court were correct at the time and have only changed in the last month or so, if your post was referring to my situation.
 
Price - The address on the license and at court were correct at the time and have only changed in the last month or so, if your post was referring to my situation.
Just thinking of a possible explanation, can’t think of anything else to suggest....
 
I recieved a letter from the DVLA about two weeks after my court appearance in March last year (2019). If does explain I am classed as a HRO and the fact I have to complete a medical.

What the letter doesn't explain is the whys & wherefores of the medical procedure such as alcohol misuse & alcohol dependancy, nor does it go into detail about the CDT or the requirement for alcohol sobriety.

This is a bit of a failing of the DVLA - they should notify convicted drink drivers in more detail of what is required of them to be re-instated on the road as soon as the ban is enforced.

It is only through the help of this site that I have educated myself about the medical procedures and prepared myself for my own medical. I have simply addressed my alcohol problems and maintained regular contact with my GP.

I am sure there are many HROs out there who are 'blind' to the medical proceedure and have the rug pulled from underneath them when they fail the CDT and don't get their licence back.

Another interesting aspect of my original letter - it says the DVLA will contact me two months before the end of my ban. What happened to the 90 day rule? Shouldn't they contact me just under three months before the end of my ban.

CJ
 
Yes, it should be 90 days.
The other warning that people get is if they attend the Drink Drive Rehabilitation Course where the end of the ban and medical S , if appropriate, are discussed.
I did find quite a few people where the medical was a surprise to them, but generally they did acknowledge that they had been sent a letter fromDVLA but as it said “we are writing to confirm your ban.....” they threw it away Before reading the last part about being HRO and the need for a
Medical.
I do agree that there should be more explanation in the information from DVLA from the outset about what the medical can entail, but that does depend on it being received, and then on all of it being read.
 
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