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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Traffic Law
Satisfied Customers: 803
Experience:  I am a solicitor with particular expertise in road traffic law.
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RT88007 - Drink / Drive. Reading 114 / 100. RT88096 - No

Resolved Question:

RT88007 - Drink / Drive. Reading 114 / 100.
RT88096 - No MOT
RT88191 - No insurance
RT88334 - No licence.

Also involved in a RTA ( minor shunt - no injuries )
Fully compliant, fully coherent,
Previous history of similar offences though over 10 years ago.
I expect the ban, I expect the heavy fine but am concerned at possibility of a custodial sentence. My home / job / 'marriage' .
Your views ?
Submitted: 3 years ago.
Category: Traffic Law
Expert:  LondonlawyerJ replied 3 years ago.

LondonlawyerJ :

Hello I am a solicitor with over 15 years experience. I will try to help you with this.

Customer:

hello..

LondonlawyerJ :

Yes I am here. Just looking something up.

LondonlawyerJ :

and working on your answer.

Customer:

no problem

LondonlawyerJ :

113 is a high level of alchohol in breath, the legal limit being 36. If you follow this link you will go to the sentencing guidelines for magistrates courts. http://sentencingcouncil.judiciary.gov.uk/docs/MCSG_(web)_-_April_2014.pdf.


 


For someone found guilty after trial on a drink drive case with the reading you have you are at the top end of the the 3rd category. The starting point for sentencing in these cases is a Band C (ie high band) fine and the sentencing range is up to a medium level community order. Your sentence will be reduced if you plead guilty. But there was an accident and you have previous for the same thing which will increase the sentence.


 


You will be looking at a stiff fine or possibly a community order (although you should be able to avoid this). Your ban will be in the range of 23-28 months. I would think nearer the top of this range. For the other offences your licence will be endorsed but most likely there will be no other punishment.


 


It is probably worth being represented at the hearing as it is more convincing if a solicitor explains all the hardship you will be experiencing than if you do it yourself. You may well get a shorter ban if representd than if doing it yourself. Most duty solicitors will not take on drink driving cases and legal aid will not be available for this so you will need to instruct a firm privately. It is also probably worth getting a couple of references from upstanding people stating in general terms what a good and responsible person you are.


 

LondonlawyerJ :

Is there anything else I can help you with? I would be grateful if you would please rate my answer. I will not get paid for the time I spent on your answer unless you give me a positive rating. Providing a rating will not close the question and I will continue to answer any further questions.

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