Stopped DD with 62. Any one can help to understand what expect from judges... Will community order be imposed?

Convicted Driver Insurance

Escorpiao

Member
Hi all
I have done biggest mistake I could. After having few drinks I offered myself to take my mate home...As a result was stopped and after failing on portable breathalyzer was taken to Police station where had a reading 62. Now I'm awaiting court decision which will be a ban, obviously.
But how likely is that judge will give me a low level community order or even a prison sentence. I had no criminal records, no points, 62μg ... Got two kids, wife is not working. I'm losing my job already, because I was a Field engineer required to travel a lot. I also will plea guilty straight away... Also is it a common practice to apear in court without solicitor?
I'm living in a stress awaiting 16th if October...
Thank you to everyone who could help with advice!
 
DonkeyKong said:
Have a look here.
www.drinkdriving.org

Drink Driving Penalty Calculator

Our drink driving penalty calculator will give you an idea of the likely sentence you will receive at Magistrates Court.
www.drinkdriving.org www.drinkdriving.org
You are at the bottom end of the 62-89. You aren’t going to prison.
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Dear Member
Thank you for your advise. I agree with you that I should not be in the risk of going to prison. What I want avoid is community order... This will ruin all my plans and my life.. Anyone can recommend good honest solicitor? PLEASE...
 
Escorpiao said:
Hi all
I have done biggest mistake I could. After having few drinks I offered myself to take my mate home...As a result was stopped and after failing on portable breathalyzer was taken to Police station where had a reading 62. Now I'm awaiting court decision which will be a ban, obviously.
But how likely is that judge will give me a low level community order or even a prison sentence. I had no criminal records, no points, 62μg ... Got two kids, wife is not working. I'm losing my job already, because I was a Field engineer required to travel a lot. I also will plea guilty straight away... Also is it a common practice to apear in court without solicitor?
I'm living in a stress awaiting 16th if October...
Thank you to everyone who could help with advice!
Click to expand...
Hello Mate,
Similar thing happened to me. I blew 63 at the station.
Easier said than done but try and relax between now and your court case. The worry of it just twists with your mind and does you no good!!!
Ive been going to AA and CA. The meetings and the people have helped me to emotionally deal and prepare. If this isnt for you try techniques to calm your mind. Download headspace or listen to YouTube some motivational speech. You might think it doesn't matter but looking after you will be what saves you.

Your reading was similar to mine and the guideline in this instance is between 17 - 22 month ban plus a fine.
I was handed 17mnths, reduced to 13 months on completion of the rehabilitation course and £600 fine.

Best bit of advice I received. Write a letter of apology. I can DM you what I wrote if you think this will help?
I truly was remorseful and the letter and my own demeanor displayed that.
I dressed smart - I was astounded how many people didn't. Is it important to dress smart?? Yes I'm afraid to say I believe it makes the difference. It certainly didnt hinder!
Have change for tea/coffee, you could be there a while. Have a means to get home afterwards too. You wont be able to drive!
I'm still a little concerned my name might make the papers. I made the decision to keep my story as dull as possible! Its low level journalism at it's worse but just dont be giving them any fodder to drag a story out of it.

You'll be okay bro. Remember to invest emotionally in yourself
 
Escorpiao said:
Dear Member
Thank you for your advise. I agree with you that I should not be in the risk of going to prison. What I want avoid is community order... This will ruin all my plans and my life.. Anyone can recommend good honest solicitor? PLEASE...
Click to expand...
You're not at risk of a community order either mate. I doubt itll even be in the offering. Write a letter of apology. Politely request (do not instruct) the opportunity to complete the rehab course and you'll be fine
 
Whilst a reading of 60 to 89 CAN attract a community penalty, it is not often imposed for readings at the lower end of this, unless 5ere is some evidence of aggravating facto4s such as causing a Road Traffic Collision, or there is a history of alcohol problems. In the latter scenario th3 community penalty is likely to be an alcohol treatment order rather than community work.
Whilst you can ask to speak with the duty solicitor on the day, it depends on how busy they are. Your offence will not attract a term or imprisonment so if there are a number of more serious offences in court on the day you are in the duty solicitor may decline to offer advice, give advice but say “go in and speak for yourself” or actually represent you if he has enough time..... but that is not an entitlement.
Reco Alco sums up what you should do nicely.
 
price1367 said:
Whilst a reading of 60 to 89 CAN attract a community penalty, it is not often imposed for readings at the lower end of this, unless 5ere is some evidence of aggravating facto4s such as causing a Road Traffic Collision, or there is a history of alcohol problems. In the latter scenario th3 community penalty is likely to be an alcohol treatment order rather than community work.
Whilst you can ask to speak with the duty solicitor on the day, it depends on how busy they are. Your offence will not attract a term or imprisonment so if there are a number of more serious offences in court on the day you are in the duty solicitor may decline to offer advice, give advice but say “go in and speak for yourself” or actually represent you if he has enough time..... but that is not an entitlement.
Reco Alco sums up what you should do nicely.
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Thank you very much for your reply. It's really important to me!
Kind regards
D
 
You will be fine my friend...we all make mistakes...I blew 103 in September 2017 and got an 18month after 25% course reduction...tbh the course was interesting and full of a wide spectrum of people...I also got a 3 month curfew instead of community service thanks to my very expensive solicitor !! So you will not get community service for 62....just give magistrates the apology / remorse letter, show them respect, remorse, be polite and wear a suit...job wise hopefully your firm will accommodate you...my company never found out about mine ! Heaven knows how I managed that...good luck and just remember it won't last for ever.
 
Slip1970 said:
You will be fine my friend...we all make mistakes...I blew 103 in September 2017 and got an 18month after 25% course reduction...tbh the course was interesting and full of a wide spectrum of people...I also got a 3 month curfew instead of community service thanks to my very expensive solicitor !! So you will not get community service for 62....just give magistrates the apology / remorse letter, show them respect, remorse, be polite and wear a suit...job wise hopefully your firm will accommodate you...my company never found out about mine ! Heaven knows how I managed that...good luck and just remember it won't last for ever.
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Thank you for sharing your experience! With regards to my job. I was a field Engineer. Already sent my resignation letter. They wanted to keep me for any cost. Having a meeting with Operations manager tomorrow when he will propose some options. But I won't tell him I'm nearly disqualified...Just personal circumstances and that's all... I've got no guts to tell him that...
 
I get where you're coming from. Being able to drive or not as the case is now, has no bearing on whether I can do my job therefore I see it as none of their business. If I found I needed a work around my situation, I would like to believe I could share it with my employees so they could accommodate me.
I'm only saying this because there might be someone other than you who reads this and might need some courage to speak out. Your situation might mean you dont have to ?
 
You are absolutely right Reco. The thing is that I have only been with my company for 5 months... If this would happen with my last firm, I most likely would have a word with them...
Every case is different , and you should try before hand up...
 
Escorpiao said:
Hi all
I have done biggest mistake I could. After having few drinks I offered myself to take my mate home...As a result was stopped and after failing on portable breathalyzer was taken to Police station where had a reading 62. Now I'm awaiting court decision which will be a ban, obviously.
But how likely is that judge will give me a low level community order or even a prison sentence. I had no criminal records, no points, 62μg ... Got two kids, wife is not working. I'm losing my job already, because I was a Field engineer required to travel a lot. I also will plea guilty straight away... Also is it a common practice to apear in court without solicitor?
I'm living in a stress awaiting 16th if October...
Thank you to everyone who could help with advice!
Click to expand...
I'd recommend getting a solicitor to speak on your behalf. I'd imagine you will receive a ban just over 12 months with an opportunity to reduce by taking the rehab course. This will soften the blow somewhat. I agree you should dress smartly on the day. When I was about to enter the court room my solicitor said keep your hands out your pockets. Sounds trivial - even school boy like - but the younger generation magistrates retain the 'old school' standards of their predecessors. Make sure you have decent character references. As of previous good character and this being a first offence this will be in your favour. I was worried sick leading up to the court date but believe me - once you have taken your punishment on the chin you can start to rebuild the moment you step out onto the street. Good luck
 
Woozle47 said:
I'd recommend getting a solicitor to speak on your behalf. I'd imagine you will receive a ban just over 12 months with an opportunity to reduce by taking the rehab course. This will soften the blow somewhat. I agree you should dress smartly on the day. When I was about to enter the court room my solicitor said keep your hands out your pockets. Sounds trivial - even school boy like - but the younger generation magistrates retain the 'old school' standards of their predecessors. Make sure you have decent character references. As of previous good character and this being a first offence this will be in your favour. I was worried sick leading up to the court date but believe me - once you have taken your punishment on the chin you can start to rebuild the moment you step out onto the street. Good luck
Click to expand...
Thanks for your words Woozle! I can't find any local solicitor, and people are saying it's not really important as I'll plea guilty... Can I ask you what was your reading and what was the sentence? Whit regards to the future.. I've learnt a lessons. No DD anymore, under any circumstances and excuses... And I'm the beat ambassador now promoting "don't drink and drive"!!!
Regards
D
 
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