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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70203
Experience:  Over 5 years in practice
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HELLO I HAVE BEEN ARRESTED FOR DRINK DRIVING THE ALCOHOL

Customer Question

HELLO

I HAVE BEEN ARRESTED FOR DRINK DRIVING

THE ALCOHOL LEVEL WAS 57 MICOGRAMMES

I HAVE MY OWN BUSINESS WHICH I SHALL HAVE TO CLOSE

WHICH WILL PUT MY FAMILY INTO EXTREME HARDSHIP

1 DO YOU KNOW WHAT THE SENTENCE COULD BE

2 I WAS NOT AGGRESSIVE IN ANY WAY THE ANY OF THE OFFICERS

3 I WAS TRAVELING A VERY SHORT DISTANCE THE ROAD SIDE TEST WAS 45

RICHARD ALLINGTON.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi

My name is Jo and I will try to help with this.

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

Can you give me a bit more information on why you were tested please?
Customer: replied 3 years ago.

the road side test was 45 milogrammes, the station test was 57milogrammes


 

Customer: replied 3 years ago.

Hi Jo


 


The road side test was 45, the station test was 57,


 


I had not eaten all day, and had consumed 2 bottle of 4.6% larger and a glass of wine, i drove approx 1 mile to get something to eat, and was arrested after leaving the shop

Expert:  Jo C. replied 3 years ago.
Thanks.

Unfortunately they will rely on the police station reading of 57 but, in any event, its in the same sentencing bracket

The sentence for this offence will be a fine of up to £1000. It will not be anything like £1000 but that is the maximum sum.

Sadly though, you will be banned. A disqualification is mandatory upon conviction of a drink driving offence. The courts have no discretion. The ban will only be for between 12-16 months. If you do the drink driving course then you can shave off one quarter of the ban.

There is no exceptional hardship test for offences of drink driving I'm afraid but the fact that the ban will fall onerously upon you can be a factor that will lead them to reduce the fine.

The only way to avoid a ban is to argue that special reasons apply not to disqualify. Usually that applies to people who have done things like driven only a few inches.

Do not drive to court. You will be placed on an interim ban even if you plead not guilty and then be unable to drive home.

Hope this helps. Please let me know if you need more information.

Jo
Customer: replied 3 years ago.

Thank you Jo


 


Have a good Christmas


 


Richard

Expert:  Jo C. replied 3 years ago.
No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’.