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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70698
Experience:  Over 5 years in practice
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A girl of 20 caught drunk driving with 96mg alcohol in her

Resolved Question:

A girl of 20 caught drunk driving with 96mg alcohol in her blood. First offence, no other record. Bit of an aberration, spur of the moment wanted to go and see boyfriend after an argument. What probability of a custodial sentence?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.

how did she come to attention?

Customer: replied 1 year ago.
Tip off at a MacDonalds drive thru
Expert:  Jo C. replied 1 year ago.

OK. But how did she come to the attention of the police?

Customer: replied 1 year ago.
Pulled over after leaving drive thru, speech slurred.
Expert:  Jo C. replied 1 year ago.

Yes, but why did they pull her over?

Was her driving erratic?

Customer: replied 1 year ago.
OK sorry. Emotions clouding answers. She drove through the drive thru, slurred her speech, parked up, someone called the police who approached her when parked, so not driving at all at that point.
Expert:  Jo C. replied 1 year ago.

Ok.

Do you mean 96 in blood or in breathe?

Customer: replied 1 year ago.
Breath
Expert:  Jo C. replied 1 year ago.

96 in breath is a high reading but there is no prospect of custody.

Even the guidelines say the starting point is a community order.

The ban period is 23 - 28 months although she could reduce that by doing the drink driving course.

There will also be costs of £85 and the victim surcharge.

Which community order she will get depends on the issues that they discover. If there are none then probably a short unpaid work order or possibly curfew.

Can I clarify anything for you?

Jo

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Customer: replied 1 year ago.
No I think that's all I need. Thank you very much. Much appreciated. Have a good evening.
Expert:  Jo C. replied 1 year ago.

And you.

Thanks for your rating.