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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69369
Experience:  Over 5 years in practice
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I was arrested driving 2 weeks ago and have

Customer Question

Hi
I was arrested for drink driving 2 weeks ago and have a magistrates apperance in 2 weeks. My car was stationary and parked up. I was not in the car at the time, it was not involved in any incidents either.
It was a courtesy car as my car was at the garage.
Its my 1st offence and never been in trouble with the law before. I blew a high reading of 125 which I know is not good.
When I was returning to the car i saw the police were looking at it and asked me if it was my car to which I said no and carried on walking home which is where they picked me up .
What are your thoughts ?
Submitted: 7 months ago.
Category: Law
Expert:  Jo C. replied 7 months ago.
Are you asking if you have a defence?
Customer: replied 7 months ago.
Hi JoThanks for your quick reply. Yes, if I do have a defence also what the possible outcome could be ?Regards
John
Expert:  Jo C. replied 7 months ago.
Can they prove you were driving?
Customer: replied 7 months ago.
I admitted to driving it there : (
Customer: replied 7 months ago.
They said it would go good for me if I just admitted it .
Expert:  Jo C. replied 7 months ago.
Well, they would, wouldn't they? If you have admitted driving then it is game over realistically. There is no way around it. Unless they cannot prove that you had not been under the influence at the time of driving then there is no real defence. In terms of sentence, if this is 125 in breath then that is a high reading. I’m afraid that you are within the highest sentencing bracket and the starting point is 12 weeks custody. The range does include a high level community order though so it is possible that you would avoid custody. Also, they would have to justify not suspending it which would be hard to do on a first offence. The ban would be between 29 - 36 months. If you do the drink driving course you can reduce that by one quarter but I wouldn’t bother here. The risk is that the DVLA will just revoke your licence on medical grounds I’m afraid. Sorry if that is bad news. Can I clarify anything for you? Jo
Customer: replied 7 months ago.
Hi JoYes I was thinking it's not going to good news. I hope I have a fair magistrate on the day. I really wish i asked for legal representation at the time !!I'm really annoyed as they were only alerted by a member of the public who reported it as a suspicious vehicle as it was parked up.
I know you mentioned it wouldn't be worth while, but would it look better for me ?Also, if I was to get my original car back would they do checks ie. ANPR, or drive by's of the house ?Regards
John
Expert:  Jo C. replied 7 months ago.
No, what would have been better is if you had admitted nothing and made a no comment interview.Then you might well have walked away with nothing. We can't undo what has been done now though.
Customer: replied 7 months ago.
Hi JoNightmare, I really wish I asked for a solicitor now !!Best regards
John
Expert:  Jo C. replied 7 months ago.
No problem and all the best. It may have made no difference. You just made it easy for them but they may have been able to prove this anyway. 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 Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/
Customer: replied 7 months ago.
Hi JoI had left my phone in the car and it was open. Thanks for all your help on this .My sister and girlfriend are not going to be happy with me at all !!!Best regards
John
Expert:  Jo C. replied 7 months ago.
No problem. All the best.

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