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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 814
Experience:  Solicitor with over 15 years experience.
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I was recently convicted of drink driving, i blew 134

Customer Question

Hello, i was recently convicted of drink driving, i blew 134 per 100 milligrams of breath ( nearly 4 times over) and was concequently arrested and bailed. I.m due to appear in court next month. I'ts my second in 10 years. what sort of punishment am i likely to get please??
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.
Hello, I am a solicitor with 20 years experience. I will try to answer this for you.
If you follw ths link yo wil go the Magistrates' Sentencig Guidlines.
https://www.sentencingcouncil.org.uk/wp-content/uploads/MCSG_web_-_October_2014.pdf
p 124 has the guidelines or this level of drink driving. This is for someone with no similar previous convictions and who is found guilty after trial.
If you plead guilty you will get a reduction.
As you can see there is a risk of custody although a heavy community penalty is more likely. In addition you will be banned for driving for at least 3 years and will have to pay legal costs, and the new statutory charge on being found guilty or pleading guilty.
As there is a risk of imprisonment you should get representation, you would be entitled to help from the duty solicitor at court. He will be able to represent you, but will be dong so with obviously limited preparation and probably with a number of other people to represent at the same time. If you are of limited means you may be able to get legal aid for this.
You will need representation to minimise the risk of prison.
Customer: replied 2 years ago.

Thank you for youre advice, do you think i will go to prison? that is my main concern??

Expert:  LondonlawyerJ replied 2 years ago.
There is a risk of it, the starting point is 12 weeks in prison but a competent solicitor should be able to avoid it. If you represent yourself will make it more likely that you will go to jail.