Facing court and potential driving ban - any advice?

bamme

Hi all

I was recently pulled over due to a broken wing mirror. The officer saw that there were bottles of wine in a bag in the base of my car (to take to a friends), I breathalised and was 10 points over the limit of 35 points, as I'd had a couple of drinks in the pub a couple hours before.

At the station i was breathalised again and was less than the initial reading.

I was shocked at the time (Id been breathalised previously and was fine after same amount and same choice of alcohol) and didn't feel drunk at all.

The officer explained that the limit was only 1 pint of beer, so i may not have consumed much. He said I did not seem drunk or intoxicated to him, but i would still have to face court in the standard way and would face the chance of a driving ban.

Of course i cooperated, he let me go from the station after taking my details etc on his decision i was fine to leave.

Although I fully accept (and feel like a right idiot!) that i was over the limit, a ban would not go down well with my dad and nan who both need care. I am due to begin university in sept which will require travel.

A friend pointed out to me that maybe the reason i was over the limit this time after 2-3 drinks few hours previously, and not last time after the same amount of drinks, may have been because I have lost quite a considerable amount of weight and am not eating much.

I have to go to court very soon, and have never been charged by the police before or anything of the sort - I have not been to court and don't know what to expect.

I also don't know what the process would be if I wanted to put forth the points above, and ask that whilst I was guilty of being over the limit, given the circumstances and points above, whether I could do community service, pay a fine, and take points instead.

Or, whether in reality this is not possible and because i was over the limit, i will definitely get banned, because it doesn't matter how much over the limit r what the circumstances, same law applies to all?

Can anyone help me or give some insight?

Sgt_Pepper_2

bamme wrote: »

Hi all

I was recently pulled over due to a broken wing mirror. The officer saw that there were bottles of wine in a bag in the base of my car (to take to a friends), I breathalised and was 10 points over the limit of 35 points, as I'd had a couple of drinks in the pub a couple hours before.

At the station i was breathalised again and was less than the initial reading.

I was shocked at the time (Id been breathalised previously and was fine after same amount and same choice of alcohol) and didn't feel drunk at all.

The officer explained that the limit was only 1 pint of beer, so i may not have consumed much. He said I did not seem drunk or intoxicated to him, but i would still have to face court in the standard way and would face the chance of a driving ban.

Of course i cooperated, he let me go from the station after taking my details etc on his decision i was fine to leave.

Although I fully accept (and feel like a right idiot!) that i was over the limit, a ban would not go down well with my dad and nan who both need care. I am due to begin university in sept which will require travel.

A friend pointed out to me that maybe the reason i was over the limit this time after 2-3 drinks few hours previously, and not last time after the same amount of drinks, may have been because I have lost quite a considerable amount of weight and am not eating much.

I have to go to court very soon, and have never been charged by the police before or anything of the sort - I have not been to court and don't know what to expect.

I also don't know what the process would be if I wanted to put forth the points above, and ask that whilst I was guilty of being over the limit, given the circumstances and points above, whether I could do community service, pay a fine, and take points instead.

Or, whether in reality this is not possible and because i was over the limit, i will definitely get banned, because it doesn't matter how much over the limit r what the circumstances, same law applies to all?

Can anyone help me or give some insight?

So what did you blow at the station?

Less than 50 and you are given the option of blood.

Sgt_Pepper_2

12 month ban if convicted.

vax2002

You will get the lowest sentence by admitting your guilt and apologising to the court and officer.

Strider590

vax2002 wrote: »

You will get the lowest sentence by admitting your guilt and apologising to the court and officer.

And in court address only the judge/magistrate when speaking or answering. Failure to do this is a common mistake of first time offenders.

bamme

Strider590 wrote: »

And in court address only the judge/magistrate when speaking or answering. Failure to do this is a common mistake of first time offenders.

I didn't know I'd be spoken to.. what do they ask you?

If i plead guilty, and still raise those points above, with a view to getting a fine and community service etc rather than a ban, is that wise..? Or just stupid..?

Will i risk getting a worse sentence if i do raise those, and my request is rejected?

Or do you appeal *after* you get charged with a ban?

Sgt_Pepper wrote:

Less than 50 and you are given the option of blood.

I blew 45 in car, and then 44 at station, - he asked about blood but said it was optional and if i rejected it it would not be a bad thing. I am phobic of needles and said I would refuse it purely because i did not want to dispute the breathaliser reading, and believed if it said 44, it would be accurate - i assumed the blood option was for people who wanted to dispute the breathaliser test or challenge what the score showed..

will this count against me??

bamme

vax2002 wrote: »

You will get the lowest sentence by admitting your guilt and apologising to the court and officer.

So instead of bothering to raise the points i put forward in my thread, i should literally just plead guilty asap and say nothing else.. and that's the best way to increase the chances of not getting banned and getting fined and points etc instead?

HappyMJ

If you plead guilty you will be banned. The court has little room to negotiate.

vax2002

You will be asked if you have any mitigation to add before sentence is passed.
You should stand up and speak clearly that you fully accept the punishment for your actions, that in driving whilst under the influence of Alcohol you could have caused injury or worse death to innocent people, that you wish to apologise to the court and the police and will fully accept the punishment.
This will reduce it.
Say nothing or stand up and say I thought I was ok to drive blah blah and the book will hit you in the teeth they will throw at you

Sgt_Pepper_2

Yo've got a 12 mont ban coming then. Chances are you'll be able to reduce it to 9 if you do the course.

fivetide

If you'd have taken blood it would have given a more accurate reading. It also would have meant waiting for a medic to turn up (I believe) to take the blood. By which time the alcohol level might have dropped below the legal limit.

It could of course have kept climbing too as the drink was absorbed but as it was a good few hours later and the readings you have already suggest it would have been falling at this point.

As said, plead, apologise and suggest mitigation but to be honest, you'll be getting a ban and you'll find it very pricey for insurance for the next 10 years.

If you are starting uni there is four years you might be better off not paying for a car and biking everywhere if possible.

5t.