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: 777
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: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 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.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice