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Serious drink and dangerous charge will I face jail?

Dannib898

Member
Hello all,
I made the biggest mistake of my life last month, I attempted to drive home after drinking in town and a local firearms police patrol vehicle put the blue lights on me to pull over. I attempted to escape doing speeds in excess of 120mph for around 7 miles. I drove over a stinger and pulled over then attempted to drive off again, I then stopped, reversed into a police vehicle and the other police vehicle rammed me off the road. I still tried to drive off and the police smashed all my windows and I was then complient and got cuffed and took to police station.
The police wanted to charge the drink driving and dangerous charge separate (2 court dates) they admitted to my solicitor that this was to make an example of me (double jeopardy) my solicitor made sure court was adjourned and we will be in court next month for both cases of dangerous and drink driving. My solicitor said he is 95% sure it will go to crown court.

I have no previous records I'm 29 and work full time. This is the first time I have ever been in trouble with the police and I know its a very serious case. I'm hoping I get a 2 year ban, fine, community service and suspended sentace. BUT I'm really worried it will end in jail time... Could anyone tell me if I need to seriously worry about jail and if so how long?
Also my insurance have refused to pay out the police as they have put a claim against me for damage to their vehicle. Can the police take me to court for the costs of damage to police vehicle? Will this be linked into court case next month?

Any help would be much appreciated
 

price1367

TTC Group
Well a reading of 76 in breath on its own attracts a ban of 17-23 months, so with the tale you have given us about your escapade, don’t set your heart on a 2 year ban, it is going to be more than that and yes, prison could well be on the cards, your best hope is for it to be suspended.
If convicted of drink driving you will also have to submit to an extended driving test when your ban is up and you are not eligible to apply for an early restoration of your driving licence after 2 years.
You will have to discuss the police car damage and insurance with your solicitor. Under the Road Traffic Act, the insurance company are obliged to cover third party damage, (they could sue you, possibly to recover this cost) but from how you describe the incident, it may be that your insurer has viewed this as criminal damage rather than an accident as you damaged the police car deliberately........
If they are raising the damage to the police car then I would expect that they put an extra charge against you for this at your first court appearance, after consulting with the CPS.
 

Foolishh

Banned
Don’t think you’ll go to jail. It was your car and wasn’t robbed?? Expect a lengthy ban along with a suspended sentence and a massive fine if not 200+ community hours.
 

Dannib898

Member
Don’t think you’ll go to jail. It was your car and wasn’t robbed?? Expect a lengthy ban along with a suspended sentence and a massive fine if not 200+ community hours.
Yes it was my car and insured taxed e.t.c, haven't touched a drop since and in a strange way I'm moving foward with myself and understanding and connecting with my mind and body. I see a private Councellor every week and I'm learning to meditate every day. Also cycling to work and getting fit.
I feel I'm moving foward and have come a long way but I'm so scared of prison and moving backwards even more because of it. I would loose my job and flat but Im smart enough to know its all my own doing.
 

Deleted member 10719

Hi mate I understand its was a rare panic call on your behalf... you have no convictions or points. Also it's your car and fully insured and taxed....
I'm also sure you can call on your insurance for being under stress and personal problems.... you have a job presenting yourself as a good citizen of the community will go a long way.... get work refs, maybe community service is serfice
 

Foolishh

Banned
Make sure u get a lot of good character references. Message me if u aren’t sure about anything I’d be happy to help
 

Dannib898

Member
Thanks guys i have 4 good character references one from my employer. I'm at magistrates Court on the 17th but my solicitor said it will most likely go from there to crown court. I can't explain how happy I am that I found this forum. Its obviously a difficult subject to discuss as understandably people get angry and upset about drink drive but it was such a huge mistake and I regret it every hour
 

Deleted member 10719

Well a reading of 76 in breath on its own attracts a ban of 17-23 months, so with the tale you have given us about your escapade, don’t set your heart on a 2 year ban, it is going to be more than that and yes, prison could well be on the cards, your best hope is for it to be suspended.
If convicted of drink driving you will also have to submit to an extended driving test when your ban is up and you are not eligible to apply for an early restoration of your driving licence after 2 years.
You will have to discuss the police car damage and insurance with your solicitor. Under the Road Traffic Act, the insurance company are obliged to cover third party damage, (they could sue you, possibly to recover this cost) but from how you describe the incident, it may be that your insurer has viewed this as criminal damage rather than an accident as you damaged the police car deliberately........
If they are raising the damage to the police car then I would expect that they put an extra charge against you for this at your first court appearance, after consulting with the CPS.
 

Deleted member 10719

Well done mate. Insurance allows the small print to get them out of trouble
 

Deleted member 10719

Yes it was my car and insured taxed e.t.c, haven't touched a drop since and in a strange way I'm moving foward with myself and understanding and connecting with my mind and body. I see a private Councellor every week and I'm learning to meditate every day. Also cycling to work and getting fit.
I feel I'm moving foward and have come a long way but I'm so scared of prison and moving backwards even more because of it. I would loose my job and flat but Im smart enough to know its all my own doing.
 

Deleted member 10719

Keep positive my friend and be strong. We all have our problems and need support with FRIENDS and family
 

Medicine Man

Well-known member
Hi Danni,

Sorry to hear of the situation you find yourself in - you have probably found that with hindsight, attempting to escape from the police was both not going to end well and would add aggravating factors to your case. Every person that uses this forum has their own story to tell and your’s isn’t the worst and you certainly won’t be the last person to go through this.

Your solicitor will be able to use your character references to mount a good defence on your behalf and give reference to your previous good character (and I assume that you have no previous convictions), the fact that your car was insured and taxed and the fact that you are in full time employment. One thing you need to do before you go to court is to have some sort of conversation internally about what brought you to commit the offence and start to take steps to address whatever was going on to cause you to do this. I’m not fully clued up on custodial sentences, however, given the background to the offence and that you put up some resistance and there was some dangerous driving involved, my initial impression is that you might be looking at a suspended sentence or high level community order. As previous replies have said, you are more than likely looking at more than a 24 month ban due to the aggravating factors, and as Price has quite rightly pointed out, an extended retest when the time comes.

As I’ve said above, everyone on here has their own story to tell and there are some very informative posts that have helped other members through tough times. Chin up and good luck!

MM
 
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Dannib898

Member
Hi Danni,

Sorry to hear of the situation you find yourself in - you have probably found that with hindsight, attempting to escape from the police was both not going to end well and would add aggravating factors to your case. Every person that uses this forum has their own story to tell and your’s isn’t the worst and you certainly won’t be the last person to go through this.

Your solicitor will be able to use your character references to mount a good defence on your behalf and give reference to your previous good character (and I assume that you have no previous convictions), the fact that your car was insured and taxed and the fact that you are in full time employment. One thing you need to do before you go to court is to have some sort of conversation internally about what brought you to commit the offence and start to take steps to address whatever was going on to cause you to do this. I’m not fully clued up on custodial sentences, however, given the background to the offence and that you put up some resistance and there was some dangerous driving involved, my initial impression is that you might be looking at a suspended sentence or high level community order. As previous replies have said, you are more than likely looking at more than a 24 month ban due to the aggravating factors, and as Price has quite rightly pointed out, an extended retest when the time comes.

As I’ve said above, everyone on here has their own story to tell and there are some very informative posts that have helped other members through tough times. Chin up and good luck!

MM
Thank you for your lovely reply and understanding my situation
 

Dannib898

Member
I’m in crown court on the 17th March. I have all my character references and a specialist traffic solicitor (Patterson law) I have a good statement from the probation officer and it’s just a waiting game now. I have a family holiday booked for the 5/4/20 but i understand if I get put on tag or jail I obviously won’t be going.
I just want it all to be over now to be honest so I’m looking forward to the 17th but also worried about jail as my fiancé is in college and I pay all our bills to get her through her course so that’s on the line and I’ll also loose my flat so she will be homeless. One good thing is my boss said I have a job waiting when I get out
 

TPR

Member
Good luck for tomorrow. I hope you are dealt with fairly and do not receive a draconian punishment.
 

topchippyles

Well-known member
Thank you , I’m very nervous but also happy whatever the outcome, that it will be over
Been on the forum for a while now,My situation is a little different but ended up getting charged with the same 2 offences you have.One thing i did not try to do was avoid getting caught and it ended up in crown court,From memory i am sure that the magistrates court cannot deal with this case, I would say this will be referred to crown court and you will be looking at another couple of months of stress.2 ways to look at it really,Your still able to work and support your partner in the mean time but also still have it hanging over you.Not a nice place to be in the dock in crown court and i had to watch my partner break down after the judge said the offences deserved a custodial sentence. Thank god he gave me a suspended sentence due to having a disabled son. I wish you the best of luck for tomorrow cheers les

PS if it helps link to my case below

dad spared jail after drink driving | South Wales

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