Well.... any advice appreciated...

Convicted Driver Insurance

Sillygirl30

Member
I was out with work friends... my work mate was driving the work van between pubs.. my car was left outside his house for the day... finished work went to one pub drank.. 3 pints.. fosters.. went to another in work van.. drank another 2.. last thing I remember properly was looking at the clock in pub and it was 6.40.. missing 2 hours(ish) I know this man made me uncomfortable for some reason in his house.. I pulled a cabinet down between me, him and the front door (god I wish I walked or ran or anything) but for some reason jumped in my car.. I drove about a mile and a half and ended up driving over a verge with the car written off in a ditch.. no other vehicles involved.. no injuries except myself (thank god) and thankfully able to get up and get back home for my kids.. im extremely embarrassed and very disappointed in myself for my stupid actions.. I blew over 94 I think on roadside breathalyser..

I suffer from bad anxiety, panic attacks and ptsd from a very dysfunctional and abusive relationship. We were homeless and in refuge for a year before having my house now at the start of the year. I didn't react to the situation like anyone else would, I panicked.

Im devastated but grateful no one was hurt by my stupid choices.. any advice would be greatly received.. I am 2 weeks away from my court date..

I made a very stupid decision that I will never repeat.

Thanks guys <3
 
You can put forward the defence of ‘duress of circumstances’ for driving but you have to show that you were escaping from a violent situation and had no choice but to drive. The threat of violence has to be imminent and quite severe.
You also can only drive for the least distance you can in order to be safe, not just home because you want to go there.
you would also have needed to tell the police about the threat of imminent violence that you thought you were facing when they arrived, to demonstrate the fear you were in.
If you think all of the above applies to you then you can consider pleading not guilty. If only some of it applies then you should plead guilty but can put forward the circumstances as mitigation.
 
Thank you so much for your reply. Its so appreciated. Im due in court on the 25th I was planning on pleading guilty as I did drink and drive. I cant say I didn't. I made a stupid decision whilst drunk, to get away from a situation, I couldve ran. I didn't. It could of ended up so much worse. Sheer dumb luck I never hurt anyone else or myself. I walked away.

I was going to write everything down for the duty solicitor. Just briefly like I have for this post. Im very nervous about court. I have a nice character reference off a elderly lady I help out regularly.

Its my first driving offence. Had my DL 6 years. Clean license.. I do have a blemish from being stupid and 17 on my criminal record (not driving related or drink/drugs)

Very disappointed in myself. Anything that you could put across so I know what to expect when I go to court? Will I have to speak? Can the duty solicitor speak for me? As I imagine I will cry.. Alot..

Im so embarrassed, I am going to court on my own.
Cant really explain how I feel right now..
 
Hello, duty solicitor is available if there is not a case that is more serious, so you can’t bank on it.
There are posts on here about court and what to expect worth reading also link to the means test firm you need to fill in on the day, I did mine before - I posted on this plus impact of a DR10 ( it’s not good)
You have to confirm, age, name etc & at end state you understand sentence
I paid for a solicitor as I knew I couldn’t speak, they brought up mitigation etc so history, long clean driving licence, my job & charity work etc
We handed testimonials to the bench, it looks good if you can get your employer to write one but they all need to say how out of character it was
Best that could happen is they take the mitigation into the sentence
Unless you have declared to the police the reason you drove was fear I don’t think it will impact it will say in the report you get Pre court etc which stayed all the details
If you plead guilty ( you can’t plead not guilty but can try to use the circumstance to mitigate)
They don’t tend to go out of the banding based on your breath /blood results the mitigation can get it to lower end

If you look on this site there is a calculator and with 94 breath it’s in the higher level plus you are likely to be classed as a HRO which will mean a medical -there are lots of good posts on this site at dealing with this and linking in with your GP etc
So ban , fine - community service I know due to covid placements are limited so they may increase fine
You can ask to do the driving awareness course that reduces the ban, you have to ask in court
So if no rep of duty solicitor make sure you ask

Do tell your employer in case you get in local press as most prefer to hear before someone tells them


It is hard but post court it’s easier, you learn to manage without a car & with on line shopping etc you push on.
You need to get all public transport apps etc
I was amazed at people most were really kind & offered lifts etc , but a couple were hard & it’s impacted on friendship
I originally told only a few but I sadly hit the press - big style due to my job etc & past press releases
I also had a long wait for court May- November which was hard as I thought oh I’m ok they have lost my blood results ( breath machine was faulty) but for your mental health do get support from someone
Hope this helps - you survive it’s hard, but you do
 
Good advice from January.
What was your reading at the police station? That is what you are prosecuted on - it will say on your charge sheet - the 94 at the roadside is only an indication and not evidence. If you managed to blow 87 or less at the station you will have escaped having to do a medical at the end of your ban.
 
I tried 3 times and couldn't get the machine to work, I begged them to take my blood but because its rural where I am it took us a hour to get to the station and they said there was no point. I really did try too. I didn't refuse. At all so I have 2 charges. 1 for the accident and 1 for the refusal. Can I plead guilty to the driving and not guilty to the refusal or will it be all as one?
 
Thanks January I know I will survive but getting past this I dont know stage is actually killing me.

I wish I could turn back time :(
 
Whilst it is right that you didn’t refuse to provide a sample, the offence actually is ‘failing to provide without reasonable excuse’. You would have to satisfy the court that your medical issues weresufficient for you to not be able to provide a sample.
to do that you would need an expert report any your medical notes... and a solicitor who is good a Drink driving defences, not an ordinary one. They do not come cheap!
If that is not an option, You should ask the duty solicitor on the day to speak to the prosecutor and say that you are admitting failing to provide (with mitigation) but will plead not guilty to the careless driving. I am sure that faced with that, the CPS guy will withdraw that charge, leaving just the drink driving.
 
Its all very confusing. I am sure when I put across all the information I can the judges will hear it but whether they take it into account is a different matter. As long as I can put across what I need to I will feel treated fairly. I am guilty but i still want to be heard. I wouldn't want to go into court and not be able to put my story across.

All I can do is wait. I certainly can't afford legal representation in court. I am starting to put plans into motion for when I am banned from driving. I am due in court at 9.45am so I must be one of the first cases. I dont know if that will help my situation or make it worse. Only time will tell. Its certainly not a mistake I will be repeating.

Grateful no one else was hurt. Or myself. Hard way to learn a lesson but it actually couldve been so much worse.

January and Price are you two support workers? or do you have your own stories?
 
Sillygirl30 said:
Its all very confusing. I am sure when I put across all the information I can the judges will hear it but whether they take it into account is a different matter. As long as I can put across what I need to I will feel treated fairly. I am guilty but i still want to be heard. I wouldn't want to go into court and not be able to put my story across.

All I can do is wait. I certainly can't afford legal representation in court. I am starting to put plans into motion for when I am banned from driving. I am due in court at 9.45am so I must be one of the first cases. I dont know if that will help my situation or make it worse. Only time will tell. Its certainly not a mistake I will be repeating.

Grateful no one else was hurt. Or myself. Hard way to learn a lesson but it actually couldve been so much worse.

January and Price are you two support workers? or do you have your own stories?
Click to expand...
I’m just someone in the journey who found support from this forum so felt I can share what I know - hopefully to help people as you are very vulnerable & there are some very Expensive legal teams who promise the earth
It’s the one crime you are guilty pre court as it’s based on evidence
Price has made a good point re failure to provide in the police statement how did they word your non compliance ? That may be worth re reading
The aim is to get the lowest sentence possible
But we have been there & I was traumatised for months re the police station & still jump at police cars
Keep talking about it & get a good friend to go with you to court
Go very early dress smart- I went for a dummy run & sat in the gallery it helped me on the day
Do read old posts
Re your car is it written off ? If not you need to sort out what you will do
It gets easier
 
Sillygirl30, unless the. Ours have adopted an appointment system because of Covid, the usual thing is that everyone is bailed until 8.45am on the day of their court appearance, but some don’t get called in till late morning, even after lunch so take a sandwich and a drink in case
My background is the police for 30 years, and for a large part of those years I was a custody sgt and dealt with many breath test procedures.. after leaving the police I have delivered drink Drive rehabilitation courses to help convicted drivers get their licence back early for 15 years. Most people only experience drink driving once, but I have seen it many times - but from the proper side- I can tell you how things should happen, but others on here who have experienced drink driving from the ‘other ‘ side can tell you what actually goes on and the feelings involved.
 
Well other then writing down what I have put on here and presenting myself as best as I can I really don't think there is much more I can do.
Thats really awesome how you guys help and it is good to know you're not alone.
January what was your sentence like? You can message me personally if you don't want to share on here. Itd be nice to have someone to talk to etc who has been through the same thing.
 
Sillygirl30 said:
Well other then writing down what I have put on here and presenting myself as best as I can I really don't think there is much more I can do.
Thats really awesome how you guys help and it is good to know you're not alone.
January what was your sentence like? You can message me personally if you don't want to share on here. Itd be nice to have someone to talk to etc who has been through the same thing.
Click to expand...

Hi Sillygirl.

I was charged with a DR30 - failing to provide. First time offence, completely out of character, i got 22 months reduced to 16.5 months with the DD course, this reduces by 25% so make sure you ask for it!

i am due my license back in January after my medical which will be due November. I believe you will have similar to myself on your license and will last up to 11 years, gone are the days of car rental, and insurance will definatley rise. but none the less im on the other end of a message if you need anything, ive been where you have been, it aint fun and the shame will linger, however you do adapt i promise.
 
TCB1989 said:
Hi Sillygirl.

I was charged with a DR30 - failing to provide. First time offence, completely out of character, i got 22 months reduced to 16.5 months with the DD course, this reduces by 25% so make sure you ask for it!

i am due my license back in January after my medical which will be due November. I believe you will have similar to myself on your license and will last up to 11 years, gone are the days of car rental, and insurance will definatley rise. but none the less im on the other end of a message if you need anything, ive been where you have been, it aint fun and the shame will linger, however you do adapt i promise.
Click to expand...

I am just in the process of getting all my paperwork together for court. I am absolutely gutted as its really out of character for me and im not a heavy drinker.

I have set some plans in motion for when I do lose my license. I will let you know how court goes. I will inbox you shortly! I could definitely use advice from someone who has gone through the same thing! :)
 
Sillygirl30 said:
Well other then writing down what I have put on here and presenting myself as best as I can I really don't think there is much more I can do.
Thats really awesome how you guys help and it is good to know you're not alone.
January what was your sentence like? You can message me personally if you don't want to share on here. Itd be nice to have someone to talk to etc who has been through the same thing.
Click to expand...
Hi I got 17 months & a fine of over £800 plus court + victim support costs so over £1000! But no community service - possibly as I already do vol work & getting placements are hard - will be worse post covid
Did the driving course so reduced it to just over 12 months they have a weird calculation
Just get your head around no car & plan how you will do things but amazon etc it’s easier
You will have dark days so be kind to yourself - you will find out who your real friends are
 
TCB1989 said:
Hi Sillygirl.

I was charged with a DR30 - failing to provide. First time offence, completely out of character, i got 22 months reduced to 16.5 months with the DD course, this reduces by 25% so make sure you ask for it!

i am due my license back in January after my medical which will be due November. I believe you will have similar to myself on your license and will last up to 11 years, gone are the days of car rental, and insurance will definatley rise. but none the less im on the other end of a message if you need anything, ive been where you have been, it aint fun and the shame will linger, however you do adapt i promise.
Click to expand...

Am I reading that right? Convicted drink drivers won’t be able to hire cars?
 
I understand we can’t hire cars but not 100% sure
I guess it depends on if in uk or overseas
I know I will not be able to use my work fleet cars - but that’s no hardship
Someone on here will know
 
Grantyone said:
Am I reading that right? Convicted drink drivers won’t be able to hire cars?
Click to expand...
the national hire companies here will not allow you to hire a car for 5 years with a drink drive conviction on your licence. You may find a local independent hire company that will though.
once you are abroad, hire companies do not seem to be interested in drink drive convictions as the system of endorsements or points are alien to them. They just want confirmation that you hold a valid UK licence.
You should check the small print though to be sure that having a conviction and not declaring it does not invalidate the insurance cover before you do go ahead and hire abroad.
 
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