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Hi, Blew122 breath. First time Offence

Hi, been searching around for information and heading through these forums have been a great help, knowing i'm not the only idiot out there to make one of the stupidest mistakes a person can make.

Had around 6-7 pints of stella over a 5-6 hour period (not a heavy drinker maybe once every other month). Didn't intend to drink, never take my car with me when I know I will have a few. I felt as though I was okay to drive, evidently I was not. Had a friend who lives by me so was dropping him home when my clutch went (nothing to do with the driving) ,we were stuck just before a round about, no danger to anyone, no reckless driving reported. Couldn't get the car to move and by chance a patrol car came and pulled along side us to see if everything was okay. They could tell I had a drink as they noted my speech was slurred and I was slightly swaying. I was not breathalysed roadside (maybe because it was so apparent I had drank?) I was taken to the station, my lowest reading was 122 , yes far to high to be driving regardless of how I thought I felt.

I was kept over night, co-operated from the minute the police pulled alongside my car. I was released the next day after an interview. The officers did not see me driving myself but I had an interview without a solicitor and I was asked about the events that lead up to me being arrested and I was just truthful and explained what had happened so they have the evidence of me admitting I was driving. Stupid to do so or not, i'm the type who wouldn't be able to sit there and lie, as naive as it may be.

I have been charged with section 4.1 driving whilst unfit through drink and my solicitor is a bit confused saying that it should be section 5 excess alcohol but they have just started opening the case. My charge sheet does not have the reading that I blew, I just remember being told in the interview in the morning.

30 years old . No previous convictions (never even been sent out of a classroom before), full time field job that I will lose as I drive for a living as a lengthy ban is inevitably, so I will hand my notice in after court hich on march 18th (the wait is going to kill me, full of anxiety to the point where I feel as though I cannot take another breath sometimes). Getting married in July. Fiance's mother just recently passed away suddenly so I am helping to support her as she is not working right now also paying for her counselling sessions which are a must for her. Honeymoon, engagement ring, wedding band,photographers, videographers, wedding venue, DJ, the deposits all paid and installments are being made regularly by myself and fiance towards them. Since she isn't working its mainly myself at the moment. I have let her down big time and her family. They are grieving for their wife/mother and I have added to that and the repercussions I face will increase the pain. Not to add the worry and stress I have caused my own parents.

Just posting to see the likely hood of me going to jail. I am petrified, I cannot leave my fiance alone. She has just returned from India having taken her mother ashes and she is struggling so badly right now. My mother herself is in India for a month doing wedding shopping so I am helping my dad with the day to day running of the house and helping at his shop and he is getting on a bit and it's too much for him to do 7 days a week.
 

SillySausage123

Well-known member
Hey,

Welcome to the forum (as unfortunate of circumstances it is).

Firstly, you're not going to jail, rule that out.

Secondly, there are guidelines to the expected length of ban - id have a look there.

Thirdly, have you told anyone else yet; I would recommend that you do, it was the hardest thing I've had to do, I couldn't bring myself to tell my family for 2 days but they were extremely supportive.
 
Hi thanks for the reply

The guideline say the range starts with a 12 week custodial sentence . Ranging from high level community order to 6 months imprisonment. But I am being charged with driving whilst unfit through drink which from what I have read is based on greater harm , greater culpability factor. Of which was one passenger.

The ban ranges from 29 months to 36 months I think.

Just with it being a high reading I am worried about the strong possibility of a custodial sentence?

I have spoken with my family and fiance and they are helping with putting things into perspective and being supportive but the feeling of guilt and shame is still up there.
 

firemansam007

Well-known member
Hi, please consider magistrates are also human and there aren't any aggravating factors such as accident or injury. hence custodial sentence should not be an option. a lengthy ban alongside a community order should expect. you should express deep remorse and strong character references (3-4) and a letter of apology which should be in favour. don't forget to ask for the rehabilitation course which would reduce the ban period by 25% which cannot be issued after the court date.
 

price1367

TTC Group
Hi thanks for the reply

The guideline say the range starts with a 12 week custodial sentence . Ranging from high level community order to 6 months imprisonment. But I am being charged with driving whilst unfit through drink which from what I have read is based on greater harm , greater culpability factor. Of which was one passenger.

The ban ranges from 29 months to 36 months I think.

Just with it being a high reading I am worried about the strong possibility of a custodial sentence?

I have spoken with my family and fiance and they are helping with putting things into perspective and being supportive but the feeling of guilt and shame is still up there.
Hi thanks for the reply

The guideline say the range starts with a 12 week custodial sentence . Ranging from high level community order to 6 months imprisonment. But I am being charged with driving whilst unfit through drink which from what I have read is based on greater harm , greater culpability factor. Of which was one passenger.

The ban ranges from 29 months to 36 months I think.

Just with it being a high reading I am worried about the strong possibility of a custodial sentence?

I have spoken with my family and fiance and they are helping with putting things into perspective and being supportive but the feeling of guilt and shame is still up there.
you are reading the guidelines for drink driving (s5) whereas you have been charged withsection 4 (although 5at could be amended when it gets. To court)
based on section 4, look at the guidelines again here:

Now I doubt that you will get 10 points, but you will see that there are no guideline lengths of ban according to your read8ng so the. Agistrates are free to set what they want. If they stick to S4 you might escape with 20-24 months.

As you are from the Indian community, you need to be careful about what is said in court about your personal and family circumstances. It is one thing to talk about it on here anonymously but you have to be mindful that anything said in open court by you or your solicitor may well find it’s way into the local paper. You will, of course, realise the implications of this so if you do feel the need to mention family circumstances, do it in the form of a letter to be handed to the magistrates rather than it being said out loud in court.
 
you are reading the guidelines for drink driving (s5) whereas you have been charged withsection 4 (although 5at could be amended when it gets. To court)
based on section 4, look at the guidelines again here:

Now I doubt that you will get 10 points, but you will see that there are no guideline lengths of ban according to your read8ng so the. Agistrates are free to set what they want. If they stick to S4 you might escape with 20-24 months.

As you are from the Indian community, you need to be careful about what is said in court about your personal and family circumstances. It is one thing to talk about it on here anonymously but you have to be mindful that anything said in open court by you or your solicitor may well find it’s way into the local paper. You will, of course, realise the implications of this so if you do feel the need to mention family circumstances, do it in the form of a letter to be handed to the magistrates rather than it being said out loud in court.
 
Hi thanks for your reply. Yes I wouldn't want anything making its way to the local paper but do magistrates actually read the letters handed to them? I was planning to keep it short and to the point. I was planning to put a draft of it in here first.

Also in terms of character references. My manager and the companies area manager have said they would happily write one but what things should they mention?
 

price1367

TTC Group
They DO read letters handed in, but you do not have to do one, it is optional.
References should mention how long they have known you, reliability, trustworthiness and how the offence is very out of character
 

price1367

TTC Group
If it was changed to drink driving, with a reading of 122 then IN THEORY it could be a custodial sentence, but IN PRACTICE this would be extremely unlikely for a first time offender. Much more likely t9 be a community penalty
 

price1367

TTC Group
You’re welcome.
Make a note that if you are not offered the Drink Drive Rehabilitation Course by the magistrates to ask them for one. It will reduce your ban by up to 25% and it HAS to be offered and accepted on the day, it cannot be offered as soon as your case is finished.
 
Noted. This is all very helpful thank you everyone . My solicitor is calling me tomorrow with a case update . I will update as I go along
 
Just got back from court. They changed my charge to section 5. I have been asked to go back on the 1st of april to sit with a probation officer to do a pre sentencing report and then again on the 8th of april to attend for sentencing. Solicitor said looking at minimum of 29months ban and community order
 

price1367

TTC Group
I thought they may well change the charge to Section 5, and your solicitor is right about the 29 months, but it could be up to 36.
it may comfort you to know that the probation officers NEVER actually recommend a custodial sentence, they are asked to look at your remorse (or lack of it) and if you are suitable for a community penalty.
 

Mcleanne28

Active member
Hi, been searching around for information and heading through these forums have been a great help, knowing i'm not the only idiot out there to make one of the stupidest mistakes a person can make.

Had around 6-7 pints of stella over a 5-6 hour period (not a heavy drinker maybe once every other month). Didn't intend to drink, never take my car with me when I know I will have a few. I felt as though I was okay to drive, evidently I was not. Had a friend who lives by me so was dropping him home when my clutch went (nothing to do with the driving) ,we were stuck just before a round about, no danger to anyone, no reckless driving reported. Couldn't get the car to move and by chance a patrol car came and pulled along side us to see if everything was okay. They could tell I had a drink as they noted my speech was slurred and I was slightly swaying. I was not breathalysed roadside (maybe because it was so apparent I had drank?) I was taken to the station, my lowest reading was 122 , yes far to high to be driving regardless of how I thought I felt.

I was kept over night, co-operated from the minute the police pulled alongside my car. I was released the next day after an interview. The officers did not see me driving myself but I had an interview without a solicitor and I was asked about the events that lead up to me being arrested and I was just truthful and explained what had happened so they have the evidence of me admitting I was driving. Stupid to do so or not, i'm the type who wouldn't be able to sit there and lie, as naive as it may be.

I have been charged with section 4.1 driving whilst unfit through drink and my solicitor is a bit confused saying that it should be section 5 excess alcohol but they have just started opening the case. My charge sheet does not have the reading that I blew, I just remember being told in the interview in the morning.

30 years old . No previous convictions (never even been sent out of a classroom before), full time field job that I will lose as I drive for a living as a lengthy ban is inevitably, so I will hand my notice in after court hich on march 18th (the wait is going to kill me, full of anxiety to the point where I feel as though I cannot take another breath sometimes). Getting married in July. Fiance's mother just recently passed away suddenly so I am helping to support her as she is not working right now also paying for her counselling sessions which are a must for her. Honeymoon, engagement ring, wedding band,photographers, videographers, wedding venue, DJ, the deposits all paid and installments are being made regularly by myself and fiance towards them. Since she isn't working its mainly myself at the moment. I have let her down big time and her family. They are grieving for their wife/mother and I have added to that and the repercussions I face will increase the pain. Not to add the worry and stress I have caused my own parents.

Just posting to see the likely hood of me going to jail. I am petrified, I cannot leave my fiance alone. She has just returned from India having taken her mother ashes and she is struggling so badly right now. My mother herself is in India for a month doing wedding shopping so I am helping my dad with the day to day running of the house and helping at his shop and he is getting on a bit and it's too much for him to do 7 days a week.
Hi this sounds a bit like what happened with me. I stupidly drove home after being out for a drink, I wasn’t stopped by the police but a bouncer from the pub called the police on me and they got me at my house. Im the same, I couldn’t sit and lie so they arrested me from my house and I got breathalysed at the station and blew 123. I was given 100 hours of community service and 24 month ban that got reduced as I attended the drink driving rehab training. Had my medical on Monday so I’m just waiting for the results to see if I can drive again.
 

Mcleanne28

Active member
Hi this sounds a bit like what happened with me. I stupidly drove home after being out for a drink, I wasn’t stopped by the police but a bouncer from the pub called the police on me and they got me at my house. Im the same, I couldn’t sit and lie so they arrested me from my house and I got breathalysed at the station and blew 123. I was given 100 hours of community service and 24 month ban that got reduced as I attended the drink driving rehab training. Had my medical on Monday so I’m just waiting for the results to see if I can drive again.
It got reduced to 20 months and not 20 hours. Also no fine or points on my license.
 
Hi this sounds a bit like what happened with me. I stupidly drove home after being out for a drink, I wasn’t stopped by the police but a bouncer from the pub called the police on me and they got me at my house. Im the same, I couldn’t sit and lie so they arrested me from my house and I got breathalysed at the station and blew 123. I was given 100 hours of community service and 24 month ban that got reduced as I attended the drink driving rehab training. Had my medical on Monday so I’m just waiting for the results to see if I can drive again.

What were you charged with? section 5 or 4? I'm assuming driving whilst unfit? As the ban was less than 29 months
 

Mcleanne28

Active member
What were you charged with? section 5 or 4? I'm assuming driving whilst unfit? As the ban was less than 29 months
I can’t actually remember as it was 2 years ago. Having a look on the internet at the differences I think I was section 5. Just looking over a lawyer letter just now and I was going to be disqualified for 3 years but because of my guilty plea it was taken down to 2 years.

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