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 Alice H Your Own Question
Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
30932268
Type Your Law Question Here...
Alice H is online now

had a small collision assumed I had caught other drivers wing

Resolved Question:

had a small collision assumed I had caught other drivers wing mirror, found to have 150 alcohol in breath collided with neighbour returned to my own driveway, one collision, no previous trouble no offences in 30 yrs of driving presume I get heavy fine and banis this correct
Submitted: 2 years ago.
Category: Law
Expert:  Alice H replied 2 years ago.
Alex Hughes : My name is***** and I'm happy to help with your question today. I need to ask you some preliminary questions to be able to help you.
Alex Hughes : Any previous drink drive offences?
JACUSTOMER-uor80afr- :

no

JACUSTOMER-uor80afr- :

ok but what is the answer

Alex Hughes : I'm surprised by the duty solicitors advice. There is a ban but with a reading of 150 in breath which is over four times the legal limit plus an accident there is a serious risk of a prison sentence. I will get the Magsitrates Court sentencing guidelines for you so you can see what I mean for yourself.
JACUSTOMER-uor80afr- :

she thought community service

JACUSTOMER-uor80afr- :

or possible suspendedprison sentence

JACUSTOMER-uor80afr- :

I have already read the sentencing guidlines

JACUSTOMER-uor80afr- :

nobody was hurt

Alex Hughes : Correct. Those sentences are possible. The Magistrates Sentencing Guidleines say that the starting point sentence is 3 months imprisonment, which could be suspended, plus a ban of 3 years. If you have a look at page 124 of this link you will see what I mean: http://sentencingcouncil.judiciary.gov.uk/docs/MCSG_%28web%29_-_April_2014.pdf - you need to look at the matrix which shows 150 in breath and look across at the sentencing options.
Alex Hughes : Unfortunately, poor driving and accident also indicate higher culpability and higher degree of harm which makes the offence more serious. I'm sorry to give you this bad news but I have a duty to give you and honest and objective opinion of the situation.
JACUSTOMER-uor80afr- :

yes have read that was only out for 5 minutes

Alex Hughes : No problem. So, to answer your original question, it will not be a fine only. The court could disqualify for 3 years plus there is the risk of imprisonment although such a sentence could be suspended or the court could impose a community order depending on your mitigation.
Alice H and other Law Specialists are ready to help you
Expert:  Alice H replied 2 years ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

What happens now?

If you haven’t already done so, please rate your answer above. Or, you can reply to me using the box below.
Customer: replied 2 years ago.

mitigating cicumstances include anniversary of husbands death, large claim against nhbc for collapse of former home, just moved back into house I shared with my dead husband, a lot of distress and grief going on, drank after the incident with neighbours car so this drove level higher, neighbour not holding it against me absolute minimum damage to her car, she will write me aletter saying she does not hold it against me, think s I have suffered enough in recent years

Expert:  Alice H replied 2 years ago.
I'm not sure if your last post was a comment or question. Is there something else you wish to know?
Customer: replied 2 years ago.

no thanks, ***** ***** a lot of mitigation goodbye

Expert:  Alice H replied 2 years ago.
OK, all the best.