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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70404
Experience:  Over 5 years in practice
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Hi was charged with drink driving 2.11.2013. No accident but

Customer Question

Hi was charged with drink driving 2.11.2013. No accident but three times over limit. First offence. have to go to magistrates.What can I expect?
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.

What was his reading please?
Customer: replied 3 years ago.

94 micrograms of alcohol in 100 millilitre of breath

Expert:  Jo C. replied 3 years ago.
Thank you.

That is a relatively high reading obviously. The sentencing guidelines say the starting point is a medium level community order and the range is a low to high one. There will also be a ban of between 23-28 months sadly, costs of £85 and the victim surcharge of about £30-£50

You are at the lower end of the sentencing bracket so I would expect a low level especially if you plead guilty.

If you do the drink driving course that you will be offered then you will shave one quarter off the sentence. I will wait to see what action the DVLA take though first. There is no point in paying for a course only to find out the DVLA are revoking on medical grounds anyway.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.


For Jo C


It was actually me that was charged. Had my children in car too. No aciident or anything.


What is a medium level community order?


Can I be put in jails

Expert:  Jo C. replied 3 years ago.

The fact of the children in the car is an aggravating feature but its the only one really. This won't lead to custody. The order appropriate will depend on your issues. That will be assessed by probation.

Customer: replied 3 years ago.

what des it mean asserted by probation?


 


Also it was a 5 min ride. Will this help

Expert:  Jo C. replied 3 years ago.
1 Assessed by probation - they will repair a report on you.

2 Its not sufficiently short to be special reasons but the shortness of distance is a point in mitigation. You are at the bottom end of the scale anyway.
Customer: replied 3 years ago.


With community service - I work full time will they consider this and give me hours out of my office hours

Expert:  Jo C. replied 3 years ago.
Yes they will work around you.

They are used to people working full time.