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LondonlawyerJ, Advocate
Category: Traffic Law
Satisfied Customers: 818
Experience:  I am a solicitor with particular expertise in road traffic law.
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i failed a breath test, excessive alchohol, 52mg on the count,

Customer Question

i failed a breath test, excessive alchohol, 52mg on the count, what will be the court result?
Submitted: 3 years ago.
Category: Traffic Law
Expert:  LondonlawyerJ replied 3 years ago.

LondonlawyerJ :

ello I am a lawyer with over 15 years experience. I will help you with this. Can you tell Me have you any other drink drive convictions? If so what for, when and what was the sentence? Why did you drive and how far. Was there an accident or were you driving badly and did you have any passengers?

LondonlawyerJ :

I am assuming for the purposes of this answer that you admit that you were drink driving.

The sentencing guidelines indicate the following sentence for a reading of 52 mg in breath for an offender with no previous drink drive convictions. A small fine and a disqualification of between 12 and 16 mnths. This is for someone found guilty after trial so if you plead guilty the length of your ban would probably be 12 months. If you have a drink drive conviction in the last 10 years then the ban would be between for 36-40 months. Closer to 36 if you plead guilty.

If there are any aggravating features like: driving for money, carrying passengers, poor standard of driving, busy road, near a school or that you were involved in an accident then the ban and fine will rise. If your drinks were spiked, you only drove a short distance, or in a genuine emergency then this will count as mitigation and your ban will at the bottom of the ranges above.

It is only possible to avoid a ban altogether or to get a ban below the mandatory minimum following if you can establish special reasons (ie factors connected to the driving which do not amount to a defence but which the court should take account of in sentencing you). These can include the mitigating factors set out above.

I hope this answer is helpful but please do not hesitate to contact me if you have further questions.