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Ross Miller
Ross Miller,
Category: Traffic Law
Satisfied Customers: 903
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
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I was pulled over drink driving on the m23 my tyre had

Customer Question

Hi i was pulled over drink driving on the m23 my tyre had burst, i tried to drive to pull iver at a hardshoulder but got stopped before i had a breath reading of 70 no convictions no trouble before what am i looking at worse case scenario punishment
Assistant: Because laws vary from place to place, can you tell me where this is?
Customer: crawly surrey england
Assistant: Do you need to appear in court?
Customer: im 31 and i have a clean license for 13 years
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: yes next wed
Submitted: 7 days ago.
Category: Traffic Law
Expert:  Ross Miller replied 7 days ago.

Hello my name is Ross and I can help with this matter.

Customer: replied 7 days ago.
Hi can you please advise on the above
Customer: replied 7 days ago.
Can i just a message reply please
Expert:  Ross Miller replied 7 days ago.

Thank you for the information. Firstly, it will go in your favour that you have a clean licence and a clean record this is good and make sure you highlight this to the court. However, as you have been caught driving whilst intoxicated you will lose your licence and receive a fine. As it is a first offence you will lose your licence for a period of one year. The fine will really depend not judge however it will likely be a few hundred pounds. I will anticipate your next question and say that there are almost no circumstances where the court will allow you to keep your licence. So a good piece of advice would be to start putting things in place just now in anticipation of losing your licence for a period of one year. I wish I could be giving you better news but this is the case. You will also receive a criminal conviction which will be on your record for a period of 11 years. These things happen just make it clear to the judge that you're a good person with a clean record and this was a one off unfortunate circumstance. If you are caught again the punishment will be more severe with a minimum of a 3 year ban. Given your mitigating circumstances (clean record etc.) hopefully you won't receive too harsh a fine.

I hope this information has helped. You can find a local solicitor who deals with this on the law society webpage which is;

 

https://solicitors.lawsociety.org.uk/

 

I would be obliged if you could Click to “accept” the answer and leave me a 5 star rating (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge.

 

Kind regards

 

Ross

Expert:  Ross Miller replied 7 days ago.

Has this answered your question?

I hope this information has helped.

 

I would be obliged if you could Click to “accept” the answer and leave me a 5 star rating (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge.

 

Kind regards

 

Ross

Customer: replied 7 days ago.
Would there be any chance of a custodial sentence with the fact i was on the motor way and i was driving trying to get to a hard shoulder with a blown tyre
Customer: replied 7 days ago.
Im just very worried about all this as i have never been in trouble before or even been to court
Expert:  Ross Miller replied 7 days ago.

I can understand your worry and being 100% honest the court would have the power to instruct a custodial sentence but like I said I don't think this is likely as it is a first offence and you have a clean record so I wouldn't imagine so. You would be best advised to instruct a criminal defence lawyer to assist in mitigating this situation. I don't think this would cost too much in terms of legal fees as these are fairly quick hearings and you would only need to do one interview with the lawyer so probably a few hundred pounds. Obviously I cannot guarantee anything at all, but in my experience, I doubt you would see a custodial sentence for this, I think that worse case you may get unpaid work order but I think more likely a fine and a ban. Like I said show the court you are a good person, no previous history and a first offence and you should be ok. I genuinely wish you the best with this.

I hope this information has helped. You can find a local solicitor who deals with this on the law society webpage which is;

 

https://solicitors.lawsociety.org.uk/

 

I would be obliged if you could Click to “accept” the answer and leave me a 5 star rating (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge.

 

Kind regards

 

Ross

Customer: replied 7 days ago.
Thankyou
Expert:  Ross Miller replied 7 days ago.

No problem and all the best.

 

 

I would be obliged if you could Click to “accept” the answer and leave me a 5 star rating (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge.

 

Kind regards

 

Ross

Expert:  Ross Miller replied 4 days ago.

I would be obliged if you could Click to “accept” the answer and leave me a 5 star rating (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge.

 

Kind regards

 

Ross

Expert:  Ross Miller replied 2 day ago.

I would be obliged if you could Click to “accept” the answer and leave me a 5 star rating (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge.

 

Kind regards

 

Ross