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Please help - I am sick with worry!

N16KNE

New member
I am a student, with great ambitions, and require advice.

I was caught drink driving over a year and a half ago, and since have been caught again. However, this time the reading was higher - at 95 breath and there was an accident. Just my car, with no passengers or walkers by. I swerved out of the way of a traveling car (which didn't stop) and hit a wall, and in without a drink, I would have made the same decision.

I have been researching on the internet and wish to gain legal advice here as to my punishments...

About myself:
22years old
Currently studying for a Business Management Degree in which I am starting a industrial placement as a Sales & Marketer for a well known FMCG.
Planning to carry on to a MBA
Never been in any trouble (apart from two DUIs...which i am aware are serous, and very stupid)

Since the incident I have not been myself, I have not been eating, I have been wondering "whats the point in getting out of bed" I have been so scared as to find out the penalty I am given.
I have researched the internet, and have found that the minimum penalty would be 3 years ban and a fine, and with a possibility of community service. These three punishments I can face, and I will do my time under these punishments.

However, I have read about prison. A prison sentence would ruin my life...it would cause me to have to drop out of University, and my career as I hoped for would be ruined. I just dont know what I would do and how my life would turn out if this were the punishment.

I am fully aware that what i did was VERY stupid, and If the Court could see me now, they would see that I have already started my sanction by me beating myself up. I am truly sorry, and I keep waking up wishing it'd be a nightmare.


Any advice as to what the expect on the Court day would be grateful. Are there any mitigating circumstances whereby I can attend AA or Drink Driving programs to correct the problem I am accepting and admitting I have with drink and drive. Would the Court benefit from knowing this, and would the Court feel that a prison sentence would not benefit me as much as a program to correct my problem?

I am sorry for the long post, I am just very scared and wish that I could turn the clock back and not have gotten into the car.

Thank you for your time.
 
Hi,

The Court are going to be in some difficulty as this is your second offence within a relatively short space of time. The reading is almost triple the drink drive limit and in itself would usually attract a Community Order as a sentence. However, when viewed in conjunction with a previous matter the Court will view the offence much more seriously.

If you plead guilty the Court would have to impose a mandatory 3 year minimum ban. However, the guidelines that the Magistrates follow for sentencing these offences encourage a ban of up to 52 months for your circumstances. Unfortunately as your offence is the second is a very short period of tie (2 years) the Court are bound to consider whether or not to impose a custodial sentence.

In order to prove guilt, the Prosecution would need to prove that you drove the vehicle in question and that you did so whilst over the prescribed limit. It is worth knowing that a lot of the time drink driving cases can be defended using technical arguments even where no factual defences exist. If successful, you would be found not guilty.

We are specialist motoring defence solicitors, who are able to offer fixed fee services in order to provide someone with the best prospects of minimising the damage to them and their licence. If you are interested please do not hesitate to contact us.
 
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