Question about what I am being charged with and the expected outcome?
- Thread starter Nicko2389
- Start date
Nicko2389
New Member
Hello
This is specifically what it says on the charge sheet: minus the bits in bold that are my personal details as I got arrested for being over when I got to my house.
(2) On 24.02.24 at (location)drove a motor vehicle, namely a VAUXHALL VAN (number plate) on a road namely (name of road, was a country lane), after consuming so much alcohol that the proportion of it in your breath namely 62 microgrammes of alcohol in 100 millilitres of breath, exceeded the prescribed limit.
Legislation: ‘contrary to section 5(1)(a) of the Road Traffic Act 1998 and Schedule 2 to the Road Traffic Offenders Act 1988.’
--CCCJS CODE: ‘RT88007’
-- ACPO: 12.15.16.1’
PNLD CODE: ‘H21’
I would just like to know what this type of charge might entail on the day of my court date at the magistrates.
My court date is the beginning of April. Any advice would be appreciated.
I was aiming to use a Duty Solicitor on the day, but considering getting advice before. Trying to understand the severity of the wording.
Thanks,
Nick
This is specifically what it says on the charge sheet: minus the bits in bold that are my personal details as I got arrested for being over when I got to my house.
(2) On 24.02.24 at (location)drove a motor vehicle, namely a VAUXHALL VAN (number plate) on a road namely (name of road, was a country lane), after consuming so much alcohol that the proportion of it in your breath namely 62 microgrammes of alcohol in 100 millilitres of breath, exceeded the prescribed limit.
Legislation: ‘contrary to section 5(1)(a) of the Road Traffic Act 1998 and Schedule 2 to the Road Traffic Offenders Act 1988.’
--CCCJS CODE: ‘RT88007’
-- ACPO: 12.15.16.1’
PNLD CODE: ‘H21’
I would just like to know what this type of charge might entail on the day of my court date at the magistrates.
My court date is the beginning of April. Any advice would be appreciated.
I was aiming to use a Duty Solicitor on the day, but considering getting advice before. Trying to understand the severity of the wording.
Thanks,
Nick
Martin Hammond
Solicitor
Good morning,
Assuming no previous convictions or aggravating features, such as a crash or reckless driving, it is as you would expect really. A 62 reading puts you at the lower end of that bracket so you are looking at a fine and a ban of around 17 months. Taking a solicitor would hopefully reduce this and save you trying to mitigate for yourself, but obviously there are costs involved in hiring a solicitor.
Kind regards
Martin.
Assuming no previous convictions or aggravating features, such as a crash or reckless driving, it is as you would expect really. A 62 reading puts you at the lower end of that bracket so you are looking at a fine and a ban of around 17 months. Taking a solicitor would hopefully reduce this and save you trying to mitigate for yourself, but obviously there are costs involved in hiring a solicitor.
Kind regards
Martin.
Nicko2389
New Member
Hi Martin Hammond,
Apologies for the late reply, we have had a power out around the area and pc/ internet has had problems.
Thank you very much for your reply.
With regret at saying this, I do have a previous DR10 drink driving conviction, where I was banned for 12 months, with a fine and conditional discharge. This was in 2007/8. So… 16/ 17 years ago.
From reading the info on the drink driving.org in terms of previous, and the penalty calculator wording, it is not within the last 10 years, my main concern is if this is still brought up? Or… if it is well past the ten-year date, whether it is still considered relevant in court, or used as deciding factor.
I did do the drink driving awareness course at the time and would want to do it again if offered or allowed. I have no excuse for drink and driving, and I haven’t done anything like that in a very long time, it was just a spur of the moment, freak, idiotic decision, not that, that will matter in court.
What is your legal opinion on the latter information? in partiuclar the previous based on the years difference.
Please reply when you have time?
Kind Regards,
Nick.
Apologies for the late reply, we have had a power out around the area and pc/ internet has had problems.
Thank you very much for your reply.
With regret at saying this, I do have a previous DR10 drink driving conviction, where I was banned for 12 months, with a fine and conditional discharge. This was in 2007/8. So… 16/ 17 years ago.
From reading the info on the drink driving.org in terms of previous, and the penalty calculator wording, it is not within the last 10 years, my main concern is if this is still brought up? Or… if it is well past the ten-year date, whether it is still considered relevant in court, or used as deciding factor.
I did do the drink driving awareness course at the time and would want to do it again if offered or allowed. I have no excuse for drink and driving, and I haven’t done anything like that in a very long time, it was just a spur of the moment, freak, idiotic decision, not that, that will matter in court.
What is your legal opinion on the latter information? in partiuclar the previous based on the years difference.
Please reply when you have time?
Kind Regards,
Nick.
Martin Hammond
Solicitor
Good morning,
The previous conviction will not fall under the 10 year rule as you know but most CPS lawyers will bring up the fact you have an old conviction although I would certainly be arguing that it should not be relevant after so long. It is unlikely they will offer you the course if they are aware that you have had it previously.
Kind regards
Martin.
The previous conviction will not fall under the 10 year rule as you know but most CPS lawyers will bring up the fact you have an old conviction although I would certainly be arguing that it should not be relevant after so long. It is unlikely they will offer you the course if they are aware that you have had it previously.
Kind regards
Martin.
Nicko2389
New Member
Hi Mr Hammond,
‘CPS Lawyers’ being; the government related prosecution, against any defence.
So, any previous conviction, will still be on the police records, even after such a time? I thought it would be spent/ past a designated time period and as such, as is; legally, not allowed by a CPS Lawyer to state such a conviction in the court room. But a defence lawyer/ solicitor as latter put; 'I would certainly be arguing that it should not be relevant after so long'
I'm just trying to understand for clarity.
So more than likely a longer- term ban 17- 22 months, based on the reading I gave of 62, that is, the lower end of that bracket and a Band C fine.
I guess I was wishing to get some legal advice before the court date for peace of mind. In the background, I have been concerned/ thinking about a 'custodial' mixed up with matters on the day of the court date.
I felt speaking to a duty solicitor on the day, would go more in my favour than obtaining a private one, from the magistrate’s perspective, deciding on severity/ length of ban and fine. Other than the cost involved.
Thanks very much for your advice. I’m not really sure what to do at the minute.
Kind Regards,
Nick.
Martin Hammond
Solicitor
Good morning,
No your assumption is inaccurate I am afraid, the matter can still be brought up by the prosecution, how much weight the Court places on an old offence is up to them.
I am not sure what you mean by a custodial mix up but custody is unlikely on the facts you have presented.
As to hiring a lawyer, private paid lawyers are usually a much better option then being one of the matters that the duty solicitor will deal with on the day, in my opinion, but you have to do what you feel most comfortable with.
Good luck with your case.
Kind regards
Martin.
No your assumption is inaccurate I am afraid, the matter can still be brought up by the prosecution, how much weight the Court places on an old offence is up to them.
I am not sure what you mean by a custodial mix up but custody is unlikely on the facts you have presented.
As to hiring a lawyer, private paid lawyers are usually a much better option then being one of the matters that the duty solicitor will deal with on the day, in my opinion, but you have to do what you feel most comfortable with.
Good luck with your case.
Kind regards
Martin.
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