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tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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I have been caught drink driving two years ago and have been

Customer Question

I have been caught drink driving two years ago and have been caught again recently what will be the likely outcome
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, many thanks to your question. My name is Tony and I should be able to assist you with this.

tdlawyer :

Can you tell me what the alcohol level was when the reading was taken please?

tdlawyer :

Hello, are you there?

JACUSTOMER-psbeq1g0- : 57mil
tdlawyer :

I'm still here.

tdlawyer :


tdlawyer :

Was this a breath test - 57?

tdlawyer :

Okay. You're in the lowest possible category. The starting point will be a fine, and you will be disqualified for period of three years or more because of your previous drink drive conviction.

JACUSTOMER-psbeq1g0- : Yes a breath test
tdlawyer :

Yes, okay.

tdlawyer :

The fine is likely to be around 125% to 175% of your usual weekly income (after tax and NI).

JACUSTOMER-psbeq1g0- : Is there any possibility of not getting banned and just getting fined?
tdlawyer :

Not realistically. The guidelines are quite clear, and state that you must be banned, although the court can depart from that in exceptional circumstances. In all likelihood, however, you should probably proceed on the basis that you are likely to receive a driving ban.

JACUSTOMER-psbeq1g0- : Is there any imprisonment involving these circumstances
tdlawyer :

But it is unlikely, given the level of alcohol in your breath. Imprisonment does not usually get considered until you exceed 120, which you're pretty far off!

JACUSTOMER-psbeq1g0- : I was on searching before I came to your services and there is a lot mentioned in regards to loopholes in drink drive offence cases how does that work?
tdlawyer :

Don't read everything to believe on the Internet. There is a lot of misinformation out there. It's not possible simply to say that there are loopholes in the law and that you wish to exploit them.

tdlawyer :

At the end of the day, if you have been caught driving with excess alcohol, then you are likely to fall into the same category as the many hundreds that are dealt with across the country every day, and result in conviction.

JACUSTOMER-psbeq1g0- : Is their anything I can mention to the justices on the day on my behalf for example I have my father who is blind who I need to drive to appointments etc.
tdlawyer :

Yes, all of these factors are relevant, and the court will take them into account. Credit will be given for a guilty plea, if it is appropriate fee to plead guilty.

JACUSTOMER-psbeq1g0- : Sorry I didn't understand appropriate fee?
tdlawyer :

sorry .... I should have just said "... if it's appropriate to plead guilty..."

JACUSTOMER-psbeq1g0- : Is it in my best interests to plead guilty and what will happen if I plead not guilty
tdlawyer :

Did you commit the offence, and accept that you are guilty?

tdlawyer :

This is so, then the court is likely to reduce the sentence to take into account the guilty plea.

tdlawyer :

If the evidence is overwhelmingly against you, then pleading guilty at the earliest opportunity may be the sensible thing to do.

tdlawyer :

Can I ask whether you are happy with the service given afternoon please?

JACUSTOMER-psbeq1g0- : Yes sir very happy thankyou
tdlawyer :

Thank you. If you do need anything more in the future, please let me know. I wish you the very best at the forthcoming hearing.