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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70181
Experience:  Over 5 years in practice
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I was arrested for drink driving Saturday morning. I went

Resolved Question:

I was arrested for drink driving Saturday morning. I went out late on Friday night. I work up early as I had to be somewhere and didn't realise I was over the limit. I tested 122 on the breath test. I am a single parent. My child was with his father that weekend. I am extremely responsible and a good mother. However, I have a tendancy to go over the top on my nights off. I am only child free 4 nights a month so I don't go out much. I am incredibley ashamed and scared. I have to be in court on the 29th. What could the consequences of this be? Am I ok with duty solicitor or do I need to get a specialist solicitor?
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.

Are you asking what sentence you are likely to receive?
Customer: replied 3 years ago.


The police indicated at the time that a 12 month ban is likely. I have been looking online and seen some scary stuff. What do you think will happen?


 


Yes I would like to know what sentence to expect. Please don't say prison. I adore my son and this incident is out of character....


 

Expert:  Jo C. replied 3 years ago.
Do you mean 122 on a breath test? Or in blood or urine? If it is 122 then its bad news I'm afraid.
Customer: replied 3 years ago.

It is 122 breath test. They didn't take a urine sample

Expert:  Jo C. replied 3 years ago.
Thats not good news I'm afraid.

What time were you driving and in what type of location Eg built up area?
Customer: replied 3 years ago.

It was on a main road. I was driving from London to Brighton. I set my alarm early the next day. I didn't realise I would still be over the limit. What are your thoughts on the outcome? Why would the police have said 12 month ban if you think it will be worse? I am really scared about what could happen


 

Expert:  Jo C. replied 3 years ago.
Because the police have no idea. They are not a good source of legal advice.

I'm afraid that you are just into the highest sentencing bracket which begins at 120. Sadly the starting point is 12 weeks custody. The range does include a high level community order to 26 weeks custody so its not guaranteed that you would get custody but there certainly is a risk here sadly.

There isn't that much aggravation here apart from the high level of the reading. Its not near a school or a particularly busy time of day etc.

They probably would consider custody and conclude it should be a suspended sentence.

I would be careful in mitigation about your child care arrangements. Some women try to use that as an excuse for offending and courts generally have had enough of hearing about it. Being child free four nights a month does actually mean you are free once a week and if you are saying that you go out drinking once a week then that is ultimately something you are free to do but its not a point I would raise in mitigation.

There will also be a ban for between 29-36 months. If you do the drink driving course then that would shave off one quarter.

Do not drive to court. You will be placed on an interim ban and unable to drive home.

Can I clarify anything for you?

Jo
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