Second Offense within 10 years

Convicted Driver Insurance

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.
 
My girlfriend is also in this position, having been caught drink driving twice in the space of 2 weeks.

Can anybody please help or have any advice ?

Sean
 
Sean,

I suspect both cases are being dealt with together so that your girlfriend is sentenced for both offences at the same time. It is extremely aggravating that both offences were committed within such a short space of time as once offence must have been committed whilst on bail for the other. Ultimately the Court will be interested in the levels of alcohol recorded but offences committed on bail are treated much more seriously by Courts.

In my experience there is a real risk of custody here and therefore it is in your girlfriend's interests to be legally represented in order to minimise the risk of custody. We are motoring lawyers who represent drivers nationwide, if your girlfriend wanted us to act.
 
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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.
 
I thought i'd update due to the help and reassurance I was given here.

Court day was today. The last month has been a NIGHTMARE! I would have traded this last month and what i did for anything - a broken leg, hand, arm...anything! Has been truly a NIGHTMARE- not eaten well, nor slept well. Anyway, it is now 'over'...well the worrying anyway.

I was convicted for 95 in 100ml in breath. also there was an accident where i was the only person involved, and a previous DR10 in 2007. (just a recap)

I was sentenced to:

£60 fine (due to means test as I am a student)

36 month ban (ie 3 years) with the option to do the rehab course (which i WILL do) - so am i right in saying that the ban would be reduced to 27month? (i.e. 2 years and 3 months)

80hours community service

Please let me know if this has been a 'lucky' sentence.

I was represented by a Solicitor, and I was represented for the good points I bring - Currently doing Undergraduate Masters Degree in Business Management, Entrepreneurial Mind Frame (one business set up already), starting Employment at a very well known FMCG in a one year contract starting on 06/07/09

Thank you for your help.

I will never ever EVER do anything like this again..
 
I thought i'd update due to the help and reassurance I was given here.

Court day was today. The last month has been a NIGHTMARE! I would have traded this last month and what i did for anything - a broken leg, hand, arm...anything! Has been truly a NIGHTMARE- not eaten well, nor slept well. Anyway, it is now 'over'...well the worrying anyway.

I was convicted for 95 in 100ml in breath. also there was an accident where i was the only person involved, and a previous DR10 in 2007. (just a recap)

I was sentenced to:

£60 fine (due to means test as I am a student)

36 month ban (ie 3 years) with the option to do the rehab course (which i WILL do) - so am i right in saying that the ban would be reduced to 27month? (i.e. 2 years and 3 months)

80hours community service

Please let me know if this has been a 'lucky' sentence.

I was represented by a Solicitor, and I was represented for the good points I bring - Currently doing Undergraduate Masters Degree in Business Management, Entrepreneurial Mind Frame (one business set up already), starting Employment at a very well known FMCG in a one year contract starting on 06/07/09

Thank you for your help.

I will never ever EVER do anything like this again..

Hi there,

You got the least possible sentence you could have expected in your particular circumstances. A low level community order, a very low fine and the minimum disqualification period of 36 months for a second drink driving offence.

I think you were very lucky as you were involved in an accident which had the potential to be much worse and your breath test reading was quite high. You got off lightly as far as sentencing goes.

Completing the drink driving rehabilitation course will reduce your disqualification by 25% (9 months in your case).

You can now make ways to put all of this behind you. It could have been much worse in many aspects. Good luck with your masters degree.
 
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