help! 3 times over the limit

Convicted Driver Insurance

efmw

New Member
Hi, im really worried about my boyfriend so if you would be able to give me abit of advice it would be helpful.

my boyfriend got arrested last week for drink driving, he was taken to the police station and complied at all times with the police. he was 3times over the limit. he had insurance, tax and mot and has been driving for 8years and never had any convictions points or any trouble at all.

we know he will loose his license but dont know how long for? if you would be able to tell me what you think and how much a fine he will get it would help alot. some people are also saying that because he was 3 times over he might go to prison?

please please if you would be able to help it would be brill.

thanks
 
As you and your boyfriend are aware , a ban is mandatory when someone enters a guilty plea to driving with excess alcohol. The Court will sentence your boyfriend in line with their guidelines. These suggest that for a breath reading of 105 ug (3 x the legal limit) the Court should disqualify for 23 - 28 months.

It is impossible to say whether or not the Court will sentence your boyfriend to a custodial setence as it depends on whether there are any aggravating features in the offence. We would therefore need a lot more information in relation to the case alleged against your boyfriend. Generally a reading of this level would attract a community sentence (such as unpaid work or a curfew or both) but if there were aggravating features then a custodial sentence could be possible.

Get a good motoring lawyer in Court, who can persuade the Court to impose a shorter ban and a more lenient sentence. It could mean the difference between avoiding custody and not.

We are expert motoring lawyers, with particular expertise in defending drivers charged with excess alcohol offences. We are able to offer fixed fee representation on a guilty plea. Let us know if your boyfriend is interested in being assisted at the hearing in efforts to seek the best possible sentence and to avoid a prison sentence.
 
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Hi

With regards your boyfriends situation. I myself have been stupid and been in the same situation being caught 3 times over the limit - I was sentenced in court early March.

I was told through-out the whole build up to my court appearance Custodial sentencing was a possibility. It is, but it is very unlikely assuming your boyfriend has no previous convictions, didn't crash and injure anybody, complied to the whole process whilst in police custody and pleads Guilty/shows genuine remorse. I found there was alot of scare mongering from Solicitors, who on the whole are pitching for your business. Please use a solicitor you trust and has experience in similar cases - it will cost around £500 but I recommend getting a solicitor rather than relying on a duty solicitor.

The sentencing guidelines are published on the drinkdrive.org website but he is looking at 28 months ban, community service and a fine. I recieved a 25 months ban (reduced to 18 months on completion of a HAPAS course), £80 fine and 80 hours community service.

Even if he did receive a custodial sentence, he would not be sent to prison straight away and there would be time to appeal and get the sentence overturned as it is a harsh penalty and not consistent. Please make sure your boyfriends arrives at court on time, wears a suit and tie and pleads guilty straight away - there is no point messing around, be honest and take the punishment.

He should like myself, feel lucky he has not injured or even killed anybody as he would have to live with that for the rest of his life and he would then receive a lengthy custodial sentence.

Anyway it is not a pleasant time waiting for you court appearance - but based on what you have said, although you have not specified how he was arrested - randomly pulled over, crashed etc but assuming it is all straight forward Custodial Sentencing is not going to happen.

Hope it goes as well as possible and he could put it behind him and move on.
 
Stevenjames, can you tell me how you got pulled over? My boyfriend was just under 3 times I think (97) - I think I/he would be relieved if he got the sentence you did.
 
hi stevenjames, thankyou for the message it was nice you got back to me. my boyfriends court appearance was beginning of march. he did what you had mentioned anyway and went in a suit etc. we also got a solicitor and managed to get him through legal aid which was good and he was brilliant id recommend him to anyone.
he pleaded guilty and the court said they could see hed not got any other convictions and not been in any other trouble and though he was a decent lad.
so in the end he got 24month (2years) but can be reduced down to 18month by doing the drink driving course, he also got 100hours community service and £60 court fees. everybody says he got off lighty even his solicitor said so.
hes now realised he shouldnt have done it and is trying to move on and like you said is thankful he didnt kill anybody or crash.
thanks again for your reply and hope this has helped other people
 
I do not understand the 'criminal justice system'. It seems so inconsistent. My reading was 71, no prior convictions/points. I ended up with a 20 month ban and a £558 fine. I am disabled, on benefits, so I presume that is why I did not get a community sentence.

I pleaded guilty straight away when they were booking me in. I was complied totally. It just doesnt add up. The magistrates said if I had not pleaded guilty, my fine would be £700.
 
I guess it really all depends on who you end up before, your previous history etc. I was sentenced back in April for the same offence (3 times over the limit). I topped up the drink from the night before and crashed my car into a parked car at night with my husband as a passenger. Police attended but I didn't get breathalysed by the road side. Had a blood test instead as the breathalyser back at the station wouldn't give a print out - perhaps because I'm asthmatic and I have told them that from the start. I was very co-operative at all times, pleaded guilty straight away etc. I had a reading of 261 in my blood (80 is the limit)...

On seeing that I was not the "usual" suspect (I'm a middle aged woman of previously good character, professional, in a stable relationship and my husband attended court with me) the magistrates ordered pre-sentence reports. Had these a week later (one with a probation officer and one with an alcohol assessment worker) and got sentenced in the afternoon. I took two letters of reference with me (one from my employer and another from a charity that I work for in my spare time as a volunteer). It litterally took 5 minutes and this time I was seen by one person only as opposed to three the first time.

Judging by what I've read here before I got off extremely lightly as I received a 20 month ban (reduced to 15 months once I complete the drink awareness course - starting this Saturday), £43 court fee...and...2 months curfew! Now this was the most surprising bit as I was fully expecting a community order (this was actually recommended by the probation officer!). I was supposed to get tagged and frankly, being of the age I am, staying at home between 7pm and 7am for 2 months didn't really amount to much of a punishment. However, I never even got tagged, nobody had contacted me with regards to this and nobody had even checked up on me by the way of phoning or knocking on my door. Needless to say, I adhered to the order, but now it's over I'm enjoying my new found freedom again (this really only was a slight issue at weekends).

Word of advice is: if you find yourself in the same position, just try to use everything that you can to your advantage, such as character references etc. If you can demonstrate to the judge that this was a one off, show remorse and get support from workplace, family etc., they will take it into consideration. It certainly worked for me.

I am never going through the same thing again though... It's not a pleasant experience and for all my stupidity I can only be grateful that nobody got hurt.
 
Courts seem to have a mind of their own. I was barely 2 times over. 35 years clean driving. I was given a 20 month ban and a £558 fine.
 
What these varying experiences and decisions show is that whilst the Court's will always look at their sentencing guidelines as a starting point they will also take into account the individual circumstances of each case and each defendant. This is why it is so important that your mitigation is presented properly so that all the mitigating features of the case and all the points that are relevant to you that actually help your case, are brought to the court's attention. Being able to spend time with your solicitor before the court date, talking to him/her about your case, will help you get your good points across, rather than it all being rushed on the day of the hearing when your solicitor may have several other cases to deal with as well as yours.
 
Perhaps I should add that at the first hearing I did use the duty solicitor and I'm glad I did - it takes the edge off your nerves as I have never been in court before having to defend myself. The second time round (when I got sentenced) I represented myself. The duty solicitor actually advised me that my case was so straight forward it would have been a waste of money to employ him to represent me the second time round!

I had 15 years clean licence, that was a mitigating circumstance as well.

I'm now attending the drink drive course (1 more session and I'm done!)and would recommend it to everyone - it's certainly worth the 25% reduction and you get quite a lot of information on effects of alcohol in general, as well as obviously with drinking being linked to driving. I'm afraid we watched quite a few morbid videos too, which made me appreciate even more that I've not hurt anybody else or myself. A lot of food for thought!

Oh well, now just under a year and I'll have my licence back (because of my high reading I will have to have the medical first)!
 
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