How long does it take to go to court?

Convicted Driver Insurance

Redwill07

New Member
Hi, so I was involved in a road traffic accident on 30/11/18 involving 2 other vehicles, no one was hurt. I admitted to the police at road side that I had a drink and was taken to the police station. No road side breath test was taken.
I blew 48 at the station but was offered no blood tests. I went in for a quick interview admitted I had 2 beers and was released pending an investigation. I still have my driving licence at present.
As I was driving a company car and work as a sales person I thought it best to come clean with my boss. He let me hand my notice in rather than being sacked. I obviously can not apply for another job as I don't know what is going to happen with my licence. I have had no correspondence from the police since then (over 6 weeks ago). I have since split with my partner and had to move out meaning I am struggling to support my kids and the waiting is killing me.
I need a driving licence or I'm done for. What do I do? Is it normal to wait this long? I assume I am looking at a minimum 12 months? Is there anyway around this as my lovely hood depends upon me working? I should also mention that I am type one diabetic and it is poorly managed. I have heard that this can cause raised levels of ketones in my breath which can make readings higher than normal? The police were aware of this as I had my medication with me at the time of my arrest.
I know what I did was wrong but the repercussions of this are being felt by my ex (finacially) and my kids(as I am not seeing them)
Any help would be great? Thanks
 
The police have up to 6 months to commence proceedings, so this can mean that it could be up to 7 months before you receive a summons to attend court.
It will be a ban of between 12-16 months, which can be reduced by up to 25% if you are offered and accept to do a Drink Drive Rehabilitation Course.
Your diabetes will not have affected the breath test. You are right that it raises ketones on your breath but the Intoxilyzer sees that as a separate spike of Acetone, resulting in the word LOW, MODERATE or HIGH next to your readings on the print out. This is an indicator of diabetes but it has not affected the readings you gave which are for alcohol alone.
You would not have been offered a blood sample, that option for a reading of 40-50 was discontinued several years ago.
I am afraid it is a waiting game, but it will inevitably result in a ban.
 
No! There is nothing that can be done to speed it up, and worst case scenario is that you pester the police about it and they realise they have forgotten to summons you, so they do, whereas they would have otherwise let it go past the legal time to proceed! I doubt that they will forget though.......
 
This is nuts, I've basically got to go with no job until I find out what is happening. I've worked I the motortrade all my life. Its killing my kids as I'm not seeing them let alone how I'm feeling. I can't even sign on as I resigned.
 
Redwill07 said:
This is nuts, I've basically got to go with no job until I find out what is happening. I've worked I the motortrade all my life. Its killing my kids as I'm not seeing them let alone how I'm feeling. I can't even sign on as I resigned.
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Your fine will be based upon your income when you attend court. No income then no fine.
 
Milton said:
Your fine will be based upon your income when you attend court. No income then no fine.
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Not so, unless there are not even benefits being paid to you.
There will still be court costs, and the victim surcharge to pay. Plus Here are the sentencing council guidelines on fines:

Where:
  • an offender’s only source of income is state benefit (including where there is relatively low additional income as permitted by the benefit regulations) or
  • the offender is in receipt of income from employment or is self-employed but the amount of income after deduction of tax and national insurance is £120 per week or less,
– the relevant weekly income is deemed to be £120.
https://www.sentencingcouncil.org.u...nes-2/3-definition-of-relevant-weekly-income/

Now they could decide to give a community penalty instead of a fine, but there would still be prosecution costs and victim surcharge to pay even then.
 
"Not so, unless there are not even benefits being paid to you. "

Thats exactly what I was referring to regarding having no income.
You seem to imply that you can get blood out of a stone.
Please explain how to get blood out of stones.
 
Guys thanks for the help. The money or fine is what it is I understand there has to be consequences. My problem is the delay in prosecution means I can not find work? Think I have to sit it out. I've gone from earning a 100K a year to nothing ?
 
Milton said:
"Not so, unless there are not even benefits being paid to you. "

Thats exactly what I was referring to regarding having no income.
You seem to imply that you can get blood out of a stone.
Please explain how to get blood out of stones.
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1. Court fines you on the basis of your income being at least £120 a week.
2. Defendant has an opportunity to agree a payment plan.
3. If the defendant doesn't pay their fine the court either arranges for the fine to be deducted from any wages, bailiffs to take their stuff, or imprisons them.

The courts are not stupid, if you are driving a road legal car then you must have income from somewhere.
 
Redwill07 said:
Guys thanks for the help. The money or fine is what it is I understand there has to be consequences. My problem is the delay in prosecution means I can not find work? Think I have to sit it out. I've gone from earning a 100K a year to nothing ?
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You are innocent until proven guilty. You made the decision to tell your boss when you had no obligation to. You resigned when you might have had a claim for wrongful dismissal if you had been sacked.

Not to rub salt in the wound but there's not much point blaming the police for taking a long time to prosecute when you have caused your own hardship. Presumably you could get a job in a different sector? That way guilty or not guilty you will have some income.

DD cases are normally prosecuted quickly so each passing day reduces the likelihood you will be prosecuted at all, as long as the police and courts have your correct address. Although as price says after seven months you will be 99.9% certain to be in the clear.
 
It was a company car I had the accident in, I had to tell them the truth. And obviously I am applying for work but it is difficult to get an answer. Thanks for the advice guys, I get it
 
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