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lew128

New member
#1
Hi, I was just posting for some advice.

Last bank holiday Monday I was at a work BBQ and regrettably made the decision to drink-drive. I crashed my car and the police were called and I was subsequently arrested.

I was taken to the police station and gave one reading of 117, they couldn't get the second reading. I was trying and and from what I remember tried several times before the machine eventually timed out.

I'm being charged with failure to provide, I was just wondering if anyone has any advice as to what I might expect? From reading there are three categories which magistrates use as sentencing guide-lines, I'm preparing myself for a long ban I'm just hoping to avoid a custodial sentence as I don't believe I can face prison.

Any advice would be greatly appreciated.

Thanks,
L
 
#2
Hi,

Been through the process myself and i'll give you my interpretation of your situation. First things first, I would strongly advise you get yourself 'good' legal representation, and in fact it's possible the magistrates won't see you without (given the risk of a high sentence). At the very least you have a good mitigating factor if you obviously "couldn't" give the full sample, as oppose to deliberately refusing to provide and you did genuinely try to provide. This could bring you closer to the lower end of the guidelines.

Beyond that, judging on the (one) high reading and the crash, it is possible on the guidelines you 'could' be looking at the harsher punishments, such as a high-community order and imprisonment. Again, this would depend whether or not the prosecution could establish that you obviously would be intoxicated, or if you were deliberate in failing to provide. But, you may have a defence you simply don't know about and, if your liberty is at stake, you obviously want a committed representative in court arguing for you.

Finally, don't forget to ask the court that you wish to take part in the Drink Drive Rehabilitation Course. You don't have to do it after, though obviously reduces the ban, but you can't ask after sentencing if you change your mind and it probably shows willing.

Tbh, purely basing it on my experience if you do face the worst end of the sentencing guidelines, I doubt you would face prison (probably at worst a suspended sentence), if you can show remorse, no previous convictions and you're of good character generally but it could be very much up in the air without representation.

All the best, and any questions feel free to ask.

P.S, Oh, and there's a free legal advise option on this forum which you may wish to take advantage of.
 
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#3
The prosecution will be sure to mention your one reading of 117, to indicate your level of intoxication.
you are likely to be in the 29-36 month bracket and a community penalty. It is unlikely to involve prison, but as SuicidalDepressive says, it would be good to get some legal representation. Any solicitor can speak for you, but not all that many are good at drink drive cases. Ask what their experience is of drink drive before you use them.
 
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