Hi, Blew122 breath. First time Offence

Convicted Driver Insurance
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

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
 
Just to update. Went to court to be sentenced last week friday.

I got a 21 month ban (the magistrate told me that they are unable to offer the course right now and had it been before covid they would have given me 30 months). I have already done 5 months of it as they put an interim ban in place in march. So 16 more months to go. £135 costs to pay and also a whopping 200 hours community service, no idea how I will get through that working 7 days a week.

Lesson learnt.
 
I'm very surprised at the sentencing for that. My understanding is that magistrates use the defendant's alcohol reading to determine the length of the ban.

This is set out on a national guideline table which is a good indication of how long you will be kept off the road if you have a court appearance looming. If the reading is 120 or above, they have to start with a minimum ban of 29 months.

I blew 113 & 115 respectively and I got 28 months (reduced to 21 months after my reduction course), which mirrors what I predicted anyway having viewed the table after my arrest.

Are courts actually now giving lenient sentences because people cannot do the TCC course in the present circumstances?

I've never actually come across this before. Maybe Price1367 can answer this one?

CJ
 
I'm very surprised at the sentencing for that. My understanding is that magistrates use the defendant's alcohol reading to determine the length of the ban.

This is set out on a national guideline table which is a good indication of how long you will be kept off the road if you have a court appearance looming. If the reading is 120 or above, they have to start with a minimum ban of 29 months.

I blew 113 & 115 respectively and I got 28 months (reduced to 21 months after my reduction course), which mirrors what I predicted anyway having viewed the table after my arrest.

Are courts actually now giving lenient sentences because people cannot do the TCC course in the present circumstances?

I've never actually come across this before. Maybe Price1367 can answer this one?

CJ


He did clearly state that had he have sentenced me back in march he would have banned me for 30 months and if the course was available he would have given me 30 months as well.

Then proceeded to say he saw himself as a fair man and as I cannot take the course he gave me 21 months with 200hours community service
 
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