How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69994
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

I was banned for drink driving 4 years ago fo 2 years I

Resolved Question:

I was banned for drink driving 4 years ago fo 2 years I served 18 months as I did an awareness course I did blow 97 with the breath test
I got my licence back and drove for another year I then had to apply to renew it again I was turned down because my medical history showed signs of alcohol dependency
I rolled a car the other night and left the scene I was the arrested and giving a breath test to which I blew 119 I was taking to hospital not to the local police station
7 hours later they took a blood sample from me and released me on bail.
They have set a date of the 26 October for me to go for an interview at the police station
I need advice on what I should do next I know I was driving nag without a licence and no insurance does this mean I could face a prison sentence
I have never been involved in any other incidents with the law
Submitted: 9 months ago.
Category: Law
Customer: replied 9 months ago.
No one was in the car with me and no one else was involved in the accident
Expert:  Jo C. replied 9 months ago.

Are you asking what sentence you face?

Customer: replied 9 months ago.
Expert:  Jo C. replied 9 months ago.

do you mean 119 in breath?

Customer: replied 9 months ago.
I do
Expert:  Jo C. replied 9 months ago.

It's not particularly good news.

I wouldn't worry about no licence no insurance. That is the least of your concerns.

Expert:  Jo C. replied 9 months ago.

This is a high reading and you have a history.

There was also a collision although thankfully nobody else was involved.

I'm afraid that this does cross the custodial threshold.
You may escape it in favour of a suspended sentence.

You never really know what Magistrates will do. They do have sentencing guidelines now but they randomly disapply them and also, in my view, most of them are just too stupid to get it right. The Magistry is not a very respected tribunal.

Expert:  Jo C. replied 9 months ago.

There is no way around the fact that, if they apply the guidelines correctly, you are at risk of a short custodial sentencing though.

I'm afraid a ban is inevitable. It will also attract the higher levels because this is a second offence in 10 years. In any event you are revoked so it matters not.

If you want to improve your chances I would start looking into some alcohol therapy independently. That usually goes down well.

Can I clarify anything for you?

Jo

Customer: replied 8 months ago.
I have looked at AA meetings today and intend going on Wednesday
One thing I would ask what is the maximum custodial sentence I could get
Also does it bode well for me having no other offences with the police ?
Expert:  Jo C. replied 8 months ago.

Not really. At least it is obviously better than you having lots of offending history but there is still one relevant matter and you can't hide from that.

Expert:  Jo C. replied 8 months ago.

Six months is the maximum but you won't get anything like that.

Normally it would be 14- 28 days.

The point is a short sharp shock.

The point that gives you in mitigation is that a custodial sentence would be over very quickly and then you would be released unreconstructed. A community order and a suspended sentence would demand much more from you in the long run and be greater punishment.

Customer: replied 8 months ago.
Thank you so much
Expert:  Jo C. replied 8 months ago.

No problem.

All the best.

Expert:  Jo C. replied 8 months ago.

Please remember to rate my answer.

Jo C., Barrister
Category: Law
Satisfied Customers: 69994
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 8 months ago.
Will do
Expert:  Jo C. replied 8 months ago.

All the best.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.co.uk/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.co.uk/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.co.uk/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.co.uk/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice