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Study sponsored by Department of Transport looking for people who have been caught drink driving to take part in telephone interview. More details here.

Looking for some advice

fordfan83

Member
I'd appreciate some advice regarding recent dealings with the police.

Some background information:

I was stopped by two police officers and asked to provide a breath test. I did and blew 34. I was then arrested and taken to my local police station where I blew a further reading of 34 and 36. Following this, I was charged, had my fingerprints/photograph taken. After a night in police custody, I was released and given a court date for the end of April.

I have never been in trouble with the law before and held a clean driving license for nearly 15 years. I was fully compliant with everything the police asked me to do.

What would be the likely outcome in this case? I plan to plead guilty and accept fully responsibility for my actions. I understand a ban of twelve months is inevitable, but I read online if I request a drink driving awareness course the ban would be reduced to nine months? When would be the best time to make this request - before or after sentencing?

Many thanks for any input you can provide.
 

Michael Lyon

Road Traffic Solicitor (Scotland)
Hello Chris,

When you go to court at the end of April you will receive a complaint libelling the reading of 34 (i.e. the lower of the two provided) in the charge of driving whilst in excess of the prescribed alcohol limit. The minimum disqualification in your case is 12 months, and it is hoped in all the circumstances that the presiding Sheriff will be minded to use this as a starting point. He or she is not bound by this, and could specify a higher starting point if they take the view it is justified, however your hitherto unblemished record and plea of guilty at the earliest available opportunity should stand you in good stead.

The ban can be reduced by up to 25% by you being certified as suitable for the approved driver course. This needs to be requested and agreed to by the Bench at the time and cannot be granted retrospectively. It is a matter of the Sheriff's discretion whether you are afforded this; some offer it readily, some require persuasion and others are not minded. The quality of mitigatory submissions is crucial in this regard.

If you wish to discuss your options further, we are always available to assist. Our Glasgow office can be reached on 0141 550 1074.

Kind regards,

Michael Lyon
 

fordfan83

Member
Many thanks Michael. I appreciate you taking the time to answer my query clearly and concisely.

I will update this thread once my case has been heard.

Kind regards
Chris
 

fordfan83

Member
Right had my court hearing today.

I represented myself and plead guilty straight away. I also asked the sheriff if I could be referred to a drink driving course which they approved.

Outcome was 12 month ban reduced to 9 months upon completion of the course and a fine of £600 reduced to £400.

A decent outcome by all accounts. Hope this helps someone in a similar situation.
 
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