Ask a Law Question, Get an Answer ASAP!
Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.
It is not unusual to be in court the same month as a charge is made.
Different areas have different procedures with set time period from charge to first court date.
Due to the fact that you did have a crash whilst over the legal alcohol limit will aggravate the offence, but would make no difference it the case coming to court sooner.
If you blew 40, then you are not 1 over the limit but rather 5 over the limit. The legal limit in England is 35.
That may be so, but if tyou are change then the sentence is based open the actual legal limit.
I have attached a copy of the chart the court use for decide if sentence.
You will receive a minimum of a 12 month ban, maybe 1-2 months longer because of the alcohol amount and the accident.
You will also be fined, and costs.
If this is your first such offence, you can ask the court to allow you to take the driver rehab course. If you complete the course, it will reduce the ban by 25 %
If the alcohol limit is over the legal limit then you are guilty.
Therefore, at court you need to plead guilty to the offence. You receive credit from the court for an early guilty plea. You also gain credit for your previous good character, ie not being in trouble before.
This would reduce any fine imposed and likely keep the ban to the minimum 12 months. It would also ensure they offer you the course to reduce the ban.
You enter that plea at court when you attend.
Yes the course reduces the ban by 25%
Very unlikely, they normally ban pro rata based on the chart I attached.
Can I assist or clarify anything further?
Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.
Sorry, no there is not.
The court has to follow the sentencing council guidelines.
12 months is the very minimum ban they can impose for the offence.
If you get the 12 months and complete the course then that should reduce it to 9 months.