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Jo C.
Jo C., Barrister
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Experience:  Over 5 years in practice
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If a person is found sitting in a car park inside his car,

Customer Question

If a person is found sitting in a car park inside his car, with the engine switched off, by the police, and is then found to be well over the 35 ***** *****mit, is it automatic that the driver will be banned.
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. Any reason why he was sitting in the car in this state?
Customer: replied 1 year ago.
He is seriously depressed following a series of events over a period of time. In 2010, Class 4 cancer of the throat, now still on 3 monthly checks at The Christie, ; treatment caused serious permanent damage,eg destruction of saliva glands and disfigurement to the neck. This caused huge loss of self confidence re ever finding a partner, nevertheless, did so but that has recently broken down. Now lives alone in low value property with his Beagle dog. The dog has caused lots of damage to house in frustration at being alone all day. Client feels in a hole with no way out. Only saving point is his managerial job with BT where driving is essential.
Expert:  Jo C. replied 1 year ago.
Were the keys in the ignition?
Customer: replied 1 year ago.
Client Not sure. Lets say they were. Client has a degree and is normally of outstanding good character.
Expert:  Jo C. replied 1 year ago.
It is possible that it could be charged as drink driving and then a ban would be automatic but I would charge it as drunk in charge as it is easier to prove and more relevant to the facts.
If so, a ban is not inevitable. It depends on the level of the reading. If it is fairly low then 10 points and a fine would be the outcome.
That is always supposing that there is no evidence of movement and the engine was not warm of course.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
He did not want to go home because of what was waiting there for him.....destruction and evidence of an out of control dog. feaces and pools of pee. the reading was massive...170 !!
Expert:  Jo C. replied 1 year ago.
Ok. That is going to lead to a ban I'm afraid.
I really would be careful mitigating on that basis. I'm afraid it is an aggravating features not a mitigating one and, in fact, probably amounts to an admission to other offences.
Jo C., Barrister
Category: Law
Satisfied Customers: 69780
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.
I assume my son is going to lose his job then, or put up with me as driver for a year.
Thank you very much Jo.
Expert:  Jo C. replied 1 year ago.
No problem and all the best.
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’.
Customer: replied 1 year ago.
To Jo C, If you really want to know what happened in Court I could tell if you were really interested. You’d be very surprised. Use my personal email.Barry
Expert:  Jo C. replied 1 year ago.
Nothing about the Magistrates surprises me. Do carry on?

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