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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69374
Experience:  Over 5 years in practice
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I been caught drink driving with a limit of 59 breath

Customer Question

I been caught drink driving with a limit of 59 breath
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 1 year ago.
Benn caught over the limit last night and got arrested, have court in two weeks time
Customer: replied 1 year ago.
Test was 59mg
Customer: replied 1 year ago.
I am trying to find out what's the worst that will happen
Customer: replied 1 year ago.
Are you there?
Expert:  Jo C. replied 1 year ago.
The reason you are experiencing delay is that you keep posting before I have responded.
Do you have any previous?
Customer: replied 1 year ago.
Convictions? No
Customer: replied 1 year ago.
***********
Customer: replied 1 year ago.
Are you still there
Expert:  Jo C. replied 1 year ago.
Ok. What were the circumstances Of the stop?
Customer: replied 1 year ago.
The tragic was stationary,I was on the 1st lane.the police van came on the emergency lane,stopped next to me and asked me to follow them
Expert:  Jo C. replied 1 year ago.
is there an allegation that you were driving erratically?
What attracted their attention to you?
Customer: replied 1 year ago.
I don't know what attracted their attention.the traffic was very slow.i was driving my van and it happened at midnight on Saturday
Customer: replied 1 year ago.
I don't know what to do .my job depends of this driving licence.i know that I was wrong,I shouldn't drink and drive
Expert:  Jo C. replied 1 year ago.
I don't think there are any particular aggravating features. there doesn't seem to have been an allegation of erratic driving or an accident.
It comes down to the fact that you were over the limit. The limit is actually 35 but nobody is charged unless they are over 40. This is not the highest reading but not the lowest either.
It falls into the penultimate sentencing bracket which would only attract a fine.
However, there will be a ban. It is mandatory I'm afraid. Parliament has set down that the courts have no discretion. It will be between 17 - 22 months. If you can persuade the Bench to let you do the drink driving course then you can reduce that by one quarter.
There will also be costs of £85, a fine of between 125-175% of your weekly income, the surcharge of roughly 10% of the fine and a court charge of roughly £180. They will give you time to pay.
Do not drive to court. You will be banned and unable to drive home.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
Are you still there?
Customer: replied 1 year ago.
Can I ask for drink driving course?is there anything I can do to get the minimum ban?
Expert:  Jo C. replied 1 year ago.
Yes.
The minimum ban for you is 17 months but you probably would get that.
Customer: replied 1 year ago.
Is there any point to take a solicitor with me?
Will that help?
Expert:  Jo C. replied 1 year ago.
It is generally safer to be represented but you won't get legal aid probably so the cost does rack up.
You have to balance that against the advantage they bring.
They are not going to avoid the ban for you I'm afraid.
Customer: replied 1 year ago.
Ok.thank you for your help!
Expert:  Jo C. replied 1 year ago.
No problem and all the best.
Please remember to rate my answer.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jomo1972’.

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