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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70514
Experience:  Over 5 years in practice
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Daughter aged 17 passed test Nov 15 ,stopped and guilty of

Customer Question

Daughter aged 17 passed test Nov 15 ,stopped and guilty of dink driving last night . Breath specimen 49 . Would will her sentence be
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hello does she have any mitigating factors?
Customer: replied 1 year ago.
Don't think so, stupidly had couple of drinks and drove friends home , police followed her for 20 mins , when Sophie pulled off a46 she stopped ,pulled in to side , scared as police had been following her . If she dies driver awareness course will this reduce her ban
Expert:  Jo C. replied 1 year ago.
OK. I presume she has no previous?
Customer: replied 1 year ago.
No she has no previous. Passed her test Nov 15 ,no points. Worried how hard they will be on her
Expert:  Jo C. replied 1 year ago.
If this is 49 in breath then she is at the lower end of the lowest sentencing bracket.She will only get a fine of roughly 100-150% of her weekly income, costs of £85 and the victim surcharge of roughly 10% of the fine.There will also be a ban I'm afraid of 12 months. If they offer the drink driving course and she does it then that can be reduced to 9 months though.Can I clarify anything for you?Jo
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Customer: replied 1 year ago.
Sorry have been made aware of all facts and wondering if this will make any difference . Sophie was followed for 11 miles by an unmarked police car ,and a police car behind ,she didn't see police car . She stopped as she was frightened she was being followed ( she had been followed by man a few days previous ) . The police then said they had been followed as litter had been thrown out of her car in McDonald's and a complaint had been made . They then breathalysed her. We live in Nottinghamshire,she was stopped in Leicestershire . The marked police car only had one male officer ,Sophie travelled alone uncuffed to police station. I know she is guilty of drink driving,but I understand some incorrect procedure has taken place and wonder is this worth getting a Soliciter for
Customer: replied 1 year ago.
Please can you answer last question
Expert:  Jo C. replied 1 year ago.
Sorry, this dropped off my list.I'm not sure what you mean about procedure? In what way?She was breathalysed and failed?
Customer: replied 1 year ago.
Her friends mum worked for police and says we should have Soliciter as police haven't followed correct procedure and haven't followed up on litter issue reason they said they followed her. I feel it's a waste as she is guilty of drink driving and money better spent on insurance next year
Expert:  Jo C. replied 1 year ago.
Never take advice from police officers or their civilian support staff. They are not legally qualified and they don't have insurance for their negligent advice. There might well be a challenge to the reason for the stop but that doesn't change the fact that there was a proper breathlyser and she failed.