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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69359
Experience:  Over 5 years in practice
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Hi, I was recently arrested for drink driving. I am in recovery

Customer Question

Hi,

I was recently arrested for drink driving. I am in recovery from alcoholism and had a relapse. I drove, and scraped some cars. I was shaken up and have hazy memories of exactly what happened. I didn't stop and drove home with the intention of reporting the incident to the police. Because I was scared, I drank more as soon as I got home. the police then came round as they'd had a report and asked how much i'd drank since I got home. I said "just a bit of this can" because I was in a panic but actually had also consumed some spirits sonce I got home. They breathalysed me, then took me to the station where I was twice over the limit. I also have a drink driving conviction from 2006. I wondered if you could tell me what the likely penalty would be and what I should do next.

Thanks,

Rachel Jones
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
HI.

Thank you for your question . My name is XXXXX XXXXX I will try to help with this.

I know this isn’t going to be the answer you want to hear, and it’s certainly not what I want to tell you. However, I wish to be completely honest with you, so I feel obligated to not give you false hope.

If you were twice over the legal limit then I imagine that would put you at about 70 - 80 in breath which is not an insignificant reading I'm afraid.

The guidelines say you are facing a fine and a ban. However, those guidelines are for offenders of good character and you do have a relevant conviction within 10 years. That will mean realistically you should brace yourself for some community service. I'm not sure they will think the alcohol order appropriate. The other conviction was nearly 8 years ago.

The ban will be 36 - 46 months Im afraid. You can shave off one quarter of that by doing the drink driving course if you haven't done that before.

There will also be costs of £85 plus the victim surcharge.

Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.

Hope this helps. Please rate my answer OK SERVICE or above and I can answer your related questions.
Customer: replied 3 years ago.

Do you think a custodial sentence is likely? I can get good character references. Thanks very much for your reply.

 

I actually can deal with the ban etc as it seems deserved and the fine etc, just very scared of the prospect of prison. Also, I'm a teacher. My employers know what has happened and are supportive but as far as you know can you do community service out of work time?

Expert:  Jo C. replied 3 years ago.
Its not likely to pass the custodial threshold.

Probation will work around your work commitments.

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