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will I get a 3 year ban

rufus

Well-known member
I am a HRO who has recently been charged with being in charge of a motor vehicle whilst being unfit through drink - the min sentence is 10 points / max sentence disqualification for 6 month

if found or I plead guilty to this, will this end up with me being banned for 3 years due to my previous charge .
 

price1367

TTC Group
This is one of the strange offences for the HRO scheme.
You are right that the punishment is 10 points or up to a 6 month ban (can be up to 12 months for higher readings)
BUT your previous conviction does NOT invoke 5he minimum 3 year ban rule.
BUT DVLA WILL treat you as a HRO and want you to complete a medical if you are banned, before you get your licence back.
 

Jamdpa

Well-known member
Drunk I charge carries 6 months ? Is that correct ? I have just done 4 years for the same offence
 

Hobgoblin

Active member
@Jamdpa - It would normally be 10 points and no ban, but can result in a ban, as price1367 points out. Was your conviction driving or attempting to drive whilst over the prescribed limit, as opposed to drunk in charge? That would make more sense.
 

Jamdpa

Well-known member
@Jamdpa - It would normally be 10 points and no ban, but can result in a ban, as price1367 points out. Was your conviction driving or attempting to drive whilst over the prescribed limit, as opposed to drunk in charge? That would make more sense.
They initially charged me with drink driving .. it was my son's 21st there was 5 of us in the car I had drank a lot .. we were at my son's as we had pulled up and all got out and we're having a cig .. the police pulled up asked who's the car was I said it was mine they then asked me to sit in there car they asked if I had been drinking I said yes .. they breathalized me I blew 80 they arrested me for drink driving at no point did they ask if I had been driving .. I went not guilty to drink driving and the lad that was the designated driver gave evidence to state he was the driver .. than rather than a not guilty verdict they adjourned .. changed the charge to drunk in charge found me guilty and banned me for 4 years
 

rufus

Well-known member
I am no expert but that seems totally unjust that a charge can be changed half way through court proceedings, you were charged with drink driving and that would have been the charge read out to you at the police station.
What was your solicitor doing during this time , why were the others not called as witnesses, who had the keys - it all seems a little strange given the circumstances that you spell out.
 

rufus

Well-known member
I forgot to mention I am also on a 1 year licence - will this make a difference ?
 

Jamdpa

Well-known member
I am no expert but that seems totally unjust that a charge can be changed half way through court proceedings, you were charged with drink driving and that would have been the charge read out to you at the police station.
What was your solicitor doing during this time , why were the others not called as witnesses, who had the keys - it all seems a little strange given the circumstances that you spell out.
I had a 2 day trial and stupidly represented myself I called 4 witnesses and obviously I got to question the police officers involved who to be fair did agree they did not ask me if was the driver .. they did state though I have the keys and I was very drunk which I was .. but seen as we were all staying at my son's I don't see what relevance that had ..
 

Jamdpa

Well-known member
I forgot to mention I am also on a 1 year licence - will this make a difference ?
The courts and the dvla are a law unto themselves (from my own experiences) so I wish you the best but I would prepare for try worse and then anything positive is a bonus
 
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