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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70403
Experience:  Over 5 years in practice
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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: 1 year ago.
Category: Law
Customer: replied 1 year ago.
No one was in the car with me and no one else was involved in the accident
Expert:  Jo C. replied 1 year ago.

Are you asking what sentence you face?

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

do you mean 119 in breath?

Customer: replied 1 year ago.
I do
Expert:  Jo C. replied 1 year 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 1 year 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 1 year 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 1 year 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 1 year 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 1 year 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 1 year ago.
Thank you so much
Expert:  Jo C. replied 1 year ago.

No problem.

All the best.

Expert:  Jo C. replied 1 year ago.

Please remember to rate my answer.

Jo C. and 3 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Will do
Expert:  Jo C. replied 1 year ago.

All the best.