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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70412
Experience:  Over 5 years in practice.
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I have been charged with drink driving which I dont dispute

Resolved Question:

I have been charged with drink driving which I don't dispute is there any way of avoiding a ban?
Submitted: 3 years ago.
Category: Traffic Law
Expert:  Jo C. replied 3 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 3 years ago.
I had been drinking when my son called at2am crying in pain with a broken tooth stupidly I went to take him pain killers 2miles down the road. I was trying to get home quickly when the police car spotted me turning into my road. They questioned me on my drive. I did not dispute the findings and cooperated. They kept me in a cell for over5 hours my initial reading was 51.

The impact of a ban will fall on my family heavily as my husband works away regularly. I have also found out a couple of days before the incident that I will not be considered as a guardian for my granddaughter if she is removed from her parents she is on a child protection plan - this honour will go to her grandad who lives over 70 miles away a ban will mean I can't appeal the position and will not be able to visit so will have in effect lost her'


Due to this stupidity I may lose my promotion but more importantly will have to give up being a cub leader, my volunteer position with German shepherd rescue and my position as parent governor
Expert:  Jo C. replied 3 years ago.
Thats a problem I'm afraid.

A ban is mandatory. There is no way it could be avoided even the Bench had sympathy with your position and wanted to show you mercy. Parliament has set down that all those convicted of drink driving are banned regardless of their mitigation. I'm afraid the minimum is 12 months and the court will have no interest in the impact it will have upon you or others.

There is only one route of escape and that is to argue special reasons apply but that considers the circumstances of the driving rather than the offender. Usually it covers things like people driving only a few inches or believing it was private land. Another reason would be medical emergency but I'm afraid a broken tooth does not amount to a medical emergency. Emergency has been interpreted to literally mean an emergency rather than a complaint.

You can reduce the ban period by one quarter if you do the drink driving course that will be offered.

If this is a reading of 51 in breath then you are only facing a ban of 12 months reduced to 9.

However, there is no way of avoiding it completely I'm afraid unless special reasons apply.

I'm very sorry but thats your position.

Can I clarify anything for you?

Jo
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