Second Offence, Child in the Car

Convicted Driver Insurance

stupidgirl123

New Member
Second offence with my son in the car, with a high reading of over 100. No one was hurt, I skidded and broke but broke a little too late and hit a wall (minimal damage).
First time was in 2016.
I suffer with anxiety and depression and realise alcohol is not for me now. I am attending AA meetings, taking anti anxiety medication and i'm also having counselling.
I appreciate a high level ban is imminent, with perhaps a high level community order. Realistically what are the chances of a custodial sentence? I would lose my children, my job, my partner and my home.
Please no bashing, I appreciate how bad this is. :-(
 
The threshold for custody is a reading of 120.
With a second conviction in 10 years you will get a minimum 3 year ban but because of the high reading you will probably be sentenced to a ban above that, in the region of 48-54 months and a community penalty.
your best chance of reducing that is to ask for a Drink Drive Rehabilitation course which will get you up to 25% off.
I don’t know if you did one on your first conviction, if you did, some courts are unwilling to offer it a second time but you could stress that you are now in a better position to learn from the knowledge that you gain on the course now you are addressing your alcohol issues.
You should note that as a part of the community penalty they may well order you to attend a Drink Impaired Drivers Course (15x2 hour sessions with counselling) and whilst this is helpful, (and free to you) it does not get you a reduction in your ban that the DDRS course achieves (but you have to pay for it)
 
The threshold for custody is a reading of 120.
With a second conviction in 10 years you will get a minimum 3 year ban but because of the high reading you will probably be sentenced to a ban above that, in the region of 48-54 months and a community penalty.
your best chance of reducing that is to ask for a Drink Drive Rehabilitation course which will get you up to 25% off.
I don’t know if you did one on your first conviction, if you did, some courts are unwilling to offer it a second time but you could stress that you are now in a better position to learn from the knowledge that you gain on the course now you are addressing your alcohol issues.
You should note that as a part of the community penalty they may well order you to attend a Drink Impaired Drivers Course (15x2 hour sessions with counselling) and whilst this is helpful, (and free to you) it does not get you a reduction in your ban that the DDRS course achieves (but you have to pay for it)
Thank you. I did attend the course first time around. I am also attending AA no as I realise I have a problem around alcohol which is unhealthy. Ex Partner has taken my children so there is another battle I have to contend with, even though he hasn't had them for over a year due ot his bad behavior
Will I get free counsel on the day? I can't afford a private solicitor - i'm already in a mountain of debt from being too and fro in court with my ex over the last 3 years. .
 
You may well get the duty solicitor on the day at court. That service is free but t depends on how busy he/she is with other criminal cases. Because of your high reading and it being a second conviction you may well qualify for them to represent you In court.if not, you should get some advice before you go in.
In case the duty solicitor is busy, you could write down what you want to say by way of mitigation and an apology.
For the community penalty side, it depends on how busy your court is. Some of them adjourn for a report to be prepared by probation the same day, and get you back in the afternoon for sentence with a verbal report. Other courts adjourn for a week, perhaps 2 weeks, for you to be interviewed and a written report handed to the court with a recommendation on what form of community penalty you should get.
 
Thank you. I did attend the course first time around. I am also attending AA no as I realise I have a problem around alcohol which is unhealthy. Ex Partner has taken my children so there is another battle I have to contend with, even though he hasn't had them for over a year due ot his bad behavior
Will I get free counsel on the day? I can't afford a private solicitor - i'm already in a mountain of debt from being too and fro in court with my ex over the last 3 years. .
You state in your 1st post that you may lose your children but in the reply dated the same 2 hours later you say your ex has taken them ? Unfortunately I have sadly been in a relationship with a female alcholic who has lost her daughter he licence and job and myself .. and has chosen alcohol over all of the above .. seek as much help and support from as many avenues as possible and have acceptance for what's happened and try move forward .. however it will be a very long slow painful time .. if you show to the magistrates that you are doing all you can there is every likely hood you will get Community service and probation .. worse case a suspended sentence and a tag ..
 
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