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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 71050
Experience:  Over 5 years in practice.
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I have been charged with second drink driving offence within

Customer Question

I have been charged with second drink driving offence within a 10 year period the first was 8 years ago. The reading 72 micrograms. I was wondering if I should get legal representation and what the potential punishment will be ?
Submitted: 2 years ago.
Category: Traffic Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
I wouldn't worry too much about the punishment. It is the ban period.
The punishment will be a community order of some form. Your reading isn't really all that high and the other offence is quite old so I wouldn't expect an alcohol order.
The issue here is the extended ban period because this is a second offence within 10 years. Also, the DVLA may revoke anyway.
In terms of legal representation, you could always look into legal aid. If that fails you will have to pay privately which is obviously a factor to consider. Overall, it is better to be represented but you are racking up the costs.
Can I clarify anything for you?
Customer: replied 2 years ago.

My main concern was possibility of a custodial sentence ?

Expert:  Jo C. replied 2 years ago.
It isn't very likely on these facts.
This isn't the highest reading and the other offence is very old.