How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask LondonlawyerJ Your Own Question
LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 803
Experience:  Solicitor with over 15 years experience.
76316425
Type Your Law Question Here...
LondonlawyerJ is online now

I was covited of a DR30 offence in March 2007 am going to court

Customer Question

I was covited of a DR30 offence in March 2007 am going to court in jan 2014 for the same offence what do you think the outcome will be thankyou
Submitted: 3 years ago.
Category: Law
Expert:  LondonlawyerJ replied 3 years ago.

LondonlawyerJ :

Hello. I am a solicitor with over 15 years experience. I will help you with this.

LondonlawyerJ :

DR30 is the offence code for failing to provide a sample (usually of breath) when required to do so by a police officer who has grounds to suspect you of driving a vehicle when over the alcohol limit.

LondonlawyerJ :

I am assuming that you will be admitting the offence and will not be asserting that you had a reasonable excuse for failing to provide the specimen. This would be a defence to the charge but must be related to either physical or mental ill health.

LondonlawyerJ :

As this is your second offence in less than 10 years the sentence will be increased. In order to be able to give you worthwhile advice I need more details from you. Why did you not give a sample? Is there any suggestion that you were driving badly? Was it obvious that you were intoxicated? Were you being paid to drive? What sort of vehicle were you driving? Was there an accident?

LondonlawyerJ :

If you answer these questions I will be able to help you more.

LondonlawyerJ :

As I have not heard further from you I will give you some general advice. For a second drink drive offence within 10 years there is a minimum ban of 3 years. The length of the ban will depend on the alcohol reading in your breath falling into the following ranges: 36-59 in breath 36-40 months, 60-89 in breath 36-46 months, 90-119 in breath 36-52 months and 120-150 in breath 36-60 months. The sentencing in addition to the ban will be worked out in accordance with the same ranges. The 2 lower levels will normally attract a fine. The third level will normally attract a community order and the top level starts with an expectation of a prison sentence.

LondonlawyerJ :

I apologise ignore the above I have given you sentencing advice on an offence you have not committed.

LondonlawyerJ :

There is a mandatory 3 year ban for this second offence. If you refused because you had an honestly held but unreasonable excuse for not providing a sample your ban will be in the range 36-40 months. If there was a deliberate refusal/failure your ban will be in the range 36-52 months. If there was a deliberate refusal/failure and evidence of serious impairment the ban will be for 36-60 months.

LondonlawyerJ :

The sentencing in addition to the ban will range from a fine up to 26 weeks imprisonment depending on the presence or absence of aggravating features like: unacceptable driving, driving for gain, driving an HGV, obvious intoxication, a high likelihood of driving (in in charge cases only) and that an accident happened. Mitigating factors include a genuine but unsuccessful attempt to provide a sample.

LondonlawyerJ :

So if the police think you deliberately didn't provide a sample and that you were seriously impaired by drink you should consider instructing a solicitor to represent you at court as there may be a risk of imprisonment that they can head off. This is especially the case in the presence of other aggravating features. You will be entitled to free help from the duty solicitor at court if there is a risk of custody and duty solicitors are mostly excellent and experienced criimal defence lawyers but you may well prefer to meet your lawyer before court so that he and you can be fully prepared in advance of the hearing.

LondonlawyerJ :

I hope this answers your question but please let me know if you need more information. Also pales rate my service.