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Hi, Blew122 breath. First time Offence

C J 1980

Well-known member
Mcleanne28

Are you sure it was Section 5 you were convicted of? I blew a lower reading of 113 and I got a 28 month ban reduced to 21 months after my TCC reduction course.

When researching drink driving legislation, Magistrates go off a national table which is a template for the sentencing and punishment guidelines.

A first time drink driver blowing 120 or more HAS to be given a minimum of 29 months as they fall into the highest category for drink driving. If you blew a lower reading of 123, I cannot understand why you would get a lesser sentence?

Price1367 may be able to confirm this but I thought Magistrates have to set the punishment & length of ban according to the specifics of this table regardless of circumstances of the case.

CJ
 

Mcleanne28

Active member
Mcleanne28

Are you sure it was Section 5 you were convicted of? I blew a lower reading of 113 and I got a 28 month ban reduced to 21 months after my TCC reduction course.

When researching drink driving legislation, Magistrates go off a national table which is a template for the sentencing and punishment guidelines.

A first time drink driver blowing 120 or more HAS to be given a minimum of 29 months as they fall into the highest category for drink driving. If you blew a lower reading of 123, I cannot understand why you would get a lesser sentence?

Price1367 may be able to confirm this but I thought Magistrates have to set the punishment & length of ban according to the specifics of this table regardless of circumstances of the case.

CJ
As I said before I’m not 100% sure what section I was charged under as I can’t remember. I may email the court to find out and I can let you know. But yeah it was my first time offence, blew 123 when at the station, and banned for 24 months with a 4 month reduction once I attended the DDRS course. I was supposed to have 3 year ban but because I plead guilty it was brought down to 24 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.
That's quite a good result considering the reading
 
Just an update

Had my chat with probation , they are going to suggest a heavy fine, will not be recommending community work dues to my impaired knees but they said the court may see a hefty fine as unfair punishment and a curfew as pointless during this time.

Just waiting had 2 court appearances cancelled, and now my 3rd one on may 21st cancelled too .

Incident happened over 2 months ago and wont be dealt with until june july. such a long wait

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