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Police said could just be fined

June2019

New member
My husband was arrested, and has subsequently been charged with drink driving (breath reading of 77). He is prepared for a 17-22month ban and a fine. When he was in custody a few of the police officers said he may receive no ban (due to first time offence and my husbands work position), and friends of theirs had not received bans. What is the likelihood of this? I thought even if there were a million mitigating circumstances the magistrates had no power to deviate from the sentencing guidelines which state that they must endorse a 12month ban.
Thank you in anticipation of your response.
 
There is a mandatory minimum 12 month driving disqualification for drink driving offences. However, with a breath reading of 77µg per 100 millilitres of breath your husband is likely be sentenced to a driving disqualification between 17 – 22 months as well as a fine or community order.
 
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