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Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70416
Experience:  Over 5 years in practice
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hi, yesterday afternoon i was arrested for drink driving.

Customer Question

hi, yesterday afternoon i was arrested for drink driving. I was level 50 on the breath test however i pulled over before police arrived 3 miles away from where i was leaving as there was arguing at my parents house and i was assaulted by my sister in front of my 2 children who became very freighted as well am myself. my daughter was screaming and crying to go home. i was aware i had alcohol hence why i pulled over at the nearest lay-by to think about what i will do. a i am 31 and never had never been drink driving or speeding and have no driving convictions prior this... i am terrified and dont know whats going to happen to me.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

Are you asking what sentence you will get?
Customer: replied 3 years ago.

yes i guess so.

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

Can I presume that you weren't driving with the children in the car?
Customer: replied 3 years ago.

they where as i had to get them away from the violence.. but i pulled over and was going to stay and calm them down


 

Expert:  Jo C. replied 3 years ago.
Are you on police bail back to the station? Presumably for a blood test?

They wouldn't normally charge on a reading of 50.
Customer: replied 3 years ago.

i am due in court on 7th may. had no blood test or urine test. i was asked if i wanted a blood test but i said no. a solicitor phoned me and said on a 50 reading i will be facing 12 to 16 month ban


 

Expert:  Jo C. replied 3 years ago.
Ok. Its too late to do anything about that now then.

A reading of 50 is not the highest the court will have seen. The limit is only 35 but they don't charge anybody unless they blow more than 40.

In any event, it will attract only a fine. You have to blow substantially higher before you are at risk of custody.

However, it will attract a ban of between 12-16 months. I would normally say that you will only get 12 months ban but I think realistically they are not going to like the fact that you were driving in drink with children in the car. They shouldn't increase the ban for that reason as its ancillary to the fine. What they should do is mark it with a heavier fine. However, we all know the reality of the Magistrates Court.

You can shave off one quarter of the ban by doing the drink driving course that they will offer.

Do not drive to court. You will be placed on an interim ban even if you plead not guilty and its adjourned off for trial and be unable to drive home.

Can I clarify anything for you?

Jo