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

My name is ***** ***** caught today doing 51 in a 30,and

Customer Question

Hi,
My name is ***** ***** caught today doing 51 in a 30,and found to be over the limit at the roadside at 10.00 this morning..brought to station and blew 41 twice..was not givin the oppurtunity of a blood sample and recieved court date for 3 weeks time.upon leaving the station i passed a further test and was given my van keys to drive home..what should i expect??
Submitted: 2 years ago.
Category: Law
Expert:  Alice H replied 2 years ago.
My name is ***** ***** I am happy to help you today. What exactly are the offences you have been charged with?
Customer: replied 2 years ago.
Driving motor vehichle when alcohol level above limitSpeeding in a 30
Expert:  Alice H replied 2 years ago.
OK. Do you have any previous convictions? Do you hold a clean driving licence?
Customer: replied 2 years ago.
Was convicted of driving dangerous and no insurance back when i was 18, im now 32 but have a clean license at present
Expert:  Alice H replied 2 years ago.
OK. Out of the two offences the drink driving is the most serious as it carries mandatory disqualification. The minimum ban is 12 months and is automatically imposed if you plead guilty or are found guilty after a trial. The speeding offence will usually result in points being imposed but if convicted of the drink drive the court is unlikely to impose a separare penalty.
Customer: replied 2 years ago.
So disqualification is definately mandatory? Or is there any discretion? 1500 people got off last year..are these extremley rare cases?
Expert:  Alice H replied 2 years ago.
Yes the disqualification for excess alcohol is mandatory. The law is that a Court must disqualify unless there are "special reasons" - whcih means that a person is still guilty of the offence but the Court has a discretion not to disqualify. A special reason is usually something like an emergency e.g. getting away from an attack, taking a person to a hospital for medical treatment etc. Does anything like this apply to you?
Expert:  Alice H replied 2 years ago.
I don't know the statistics but it can be difficult to win a drink drive case. The opportunity for running technical arguments is also very difficult these days.
Customer: replied 2 years ago.
No they dont apply to me...so do you think i should seek a solicitor?..or is there any point in spending the money on representation?
Customer: replied 2 years ago.
And do u think i will be offered dd course?
Customer: replied 2 years ago.
R u offline?
Expert:  Alice H replied 2 years ago.
You should be offered the course - I see no reason not to. Thus by pleading guilty and doing the course you will be able to reduce the ban by upto 25% - I can't see any reason why the ban should be more than 12 months so if you do the course you should ultimately only end up being off the road for 8 months. Upto you as far as representation is concerned - since you don't appear to be contesting the allegation you might be better off spending the money paying the fine and costs rather than a lawyer.
Expert:  Alice H replied 2 years ago.
Can I assist further? If you are happy with the help given please take a moment to rate my answer. Alice.
Customer: replied 2 years ago.
Thanks alice
Expert:  Alice H replied 2 years ago.
It's my pleasure. Have a good evening. Alice.