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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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My partner has a court summons drink driving charge. He

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Hi, my partner has a court summons for a drink driving charge. He drove his car no more than 100 metres, turned it around and parked it. A family argument was taking place at the time and the police had been called. When they arrived my partner was just parking the car, and his brother decided to inform the police that he had been drinking so the police arrested him. In the car his test was 69, at the police station it was 42 and then 43.
The police did not offer a blood or urine test.
He got in the car as his parents and brother were forcing him to leave his parents home. He has a pending speeding fine which occurred in January (108mph), but other than that has a clean driving record.
He is the only carer for his 16 YO son who has Nefrotic Syndrome and requires frequent hospital appointments.
We are expecting that he will lose his license, but do you think there are mitigating circumstances that may result in less than 12 months? Should we hire a solicitor for the court appearance?
Many thanks for your advice
Submitted: 8 months ago.
Category: Law
Expert:  Ash replied 8 months ago.

Hello my name is ***** ***** I will help you.

Does he have any other previous offences?
Alex

Customer: replied 8 months ago.
No. There is only the pending speeding fine.
Expert:  Ash replied 8 months ago.

Ok - potentially he could argue shortness of distance driven. This is a specialist argument and he would need representation with this. That means he pleads guilty but argues he didnt go very far.

If he is banned he is looking at 12 months, there is no getting around that as the Court does not have any discretion. They MUST impose a ban for 12 months.

However if he does the drink drive course it would reduce it by 25% to 9 months.

Whether he is the only carer for his son is NOT relevant and wont be taken into account.

Can I clarify anything for you about this today please?
Alex

Customer: replied 8 months ago.
Does the fact that the police did not offer a blood or urine test for being between 40 and 50 microgrammes have any bearing on his case?
Expert:  Ash replied 8 months ago.

No, that was abolished last year.

Does that clarify? ALex

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and 2 other Law Specialists are ready to help you
Customer: replied 8 months ago.
thank you for your advice.

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