Crosswords1 min ago
Drink driving second offence!
I have just been charged with drink driving for the second time. First time i recieved a 16 month ban for crashing into a hedge. This was 4 years 2 months ago when the offemce happened. This time i crashed into a foot bridge at around 3.am on sat night, i left the scene with my partner, we both had slight injuries from the windscreen. I blew 63mg the police arrested me at my house about 1 mile away about 2 hours after. I was interviewed admitted i have drove the car but couldnt remembr the crash otr getting home, i told police i had 4-6 pints throught the night before this happened but thought ok to drive. I have been banned before for 12 months for no insurance other than that, it was whats stated above. What is my likely sentence to be?
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you will get a ban far in excess of 12months (probably 2-3 years), and a larger fine then the first time, you may well get a prison sentence (but unlikely) you will have to retake your driving test again when the ban expires and also probably take a drink-driving rehabilitation course.
have to agree with above, once was stupid, but people should be forgiven for being stupid once (if nobody was hurt) but twice? have you learnt your lesson yet?
have to agree with above, once was stupid, but people should be forgiven for being stupid once (if nobody was hurt) but twice? have you learnt your lesson yet?
you shouldnt be driving at all after this time drink driving is so stupid ppl i know have been killed through this if its not urself and wife to think about think about the others you could kill the inocent familys ( children!!!!!!)
i think your sick they should take your car away and chop your hands off so you cant get in and drive a car ever again. you have done it twice no so nothning else is gonna learn you is it.
well there is one thing and thats to kill your self whislt drink driving. will prob happen one day at the rate your going.
how can you think your ok to drive on 1 pint let alone 4-6 pints
drink effects people in all different ways i bet you answer phone and text whislt driving too dont you.
i hope they bang you up i really do. i dont even drive myself and yet you have really ****** me off i dont drive because of idiots like you. !! There ive finished what i have to say now even though u wont take any of it on board i dont Know why you bothered posting the question surely u knew you was gonna get this reaction from everyone
i think your sick they should take your car away and chop your hands off so you cant get in and drive a car ever again. you have done it twice no so nothning else is gonna learn you is it.
well there is one thing and thats to kill your self whislt drink driving. will prob happen one day at the rate your going.
how can you think your ok to drive on 1 pint let alone 4-6 pints
drink effects people in all different ways i bet you answer phone and text whislt driving too dont you.
i hope they bang you up i really do. i dont even drive myself and yet you have really ****** me off i dont drive because of idiots like you. !! There ive finished what i have to say now even though u wont take any of it on board i dont Know why you bothered posting the question surely u knew you was gonna get this reaction from everyone
If I could return to the matter of answering your question for a moment:
For a second Excess Alcohol offence within ten years of the first there is a minimum mandatory disqualification period of three years.
Magistrates� sentencing guidelines for the level of alcohol you say was measured in your breath suggest a ban of between 36 and 46 months, and a fine of about one and a half week�s net income.
You may be lucky to escape with the minimum (36 months) but I doubt it. The offence is aggravated by the crash you were involved in, that you were carrying a passenger and by the fact that you fled the scene. Your previous record also goes against you.
You are unlikely to go to prison or receive a community order. Although this was a second offence, the reading is comparatively low. Custody is not usually considered for readings under 120 (in breath), and a community order is not normally considered for readings below 90.
Unless there is evidence (not simply a suspicion borne out of this offence) of alcohol addiction or dependency, or underlying alcohol-related medical problems, you are not likely to be ordered to take your test again at the completion of your ban.
You may be offered the opportunity to take part in the Drink Drivers� rehabilitation scheme. This costs between �100 and �250 (depending on your income) and attracts a 25% reduction in your ban if you complete it. However, you may not be offered this if you took part after your first Drink Driving ban.
Finally, assuming you plead guilty you will be order to pay prosecution costs of about �60 and, if you are fined, you will pay a �Victim Surcharge� of �15.
For a second Excess Alcohol offence within ten years of the first there is a minimum mandatory disqualification period of three years.
Magistrates� sentencing guidelines for the level of alcohol you say was measured in your breath suggest a ban of between 36 and 46 months, and a fine of about one and a half week�s net income.
You may be lucky to escape with the minimum (36 months) but I doubt it. The offence is aggravated by the crash you were involved in, that you were carrying a passenger and by the fact that you fled the scene. Your previous record also goes against you.
You are unlikely to go to prison or receive a community order. Although this was a second offence, the reading is comparatively low. Custody is not usually considered for readings under 120 (in breath), and a community order is not normally considered for readings below 90.
Unless there is evidence (not simply a suspicion borne out of this offence) of alcohol addiction or dependency, or underlying alcohol-related medical problems, you are not likely to be ordered to take your test again at the completion of your ban.
You may be offered the opportunity to take part in the Drink Drivers� rehabilitation scheme. This costs between �100 and �250 (depending on your income) and attracts a 25% reduction in your ban if you complete it. However, you may not be offered this if you took part after your first Drink Driving ban.
Finally, assuming you plead guilty you will be order to pay prosecution costs of about �60 and, if you are fined, you will pay a �Victim Surcharge� of �15.
you remind me of a guy i met a court once, he was up infront of the magistrates for drink driving and turned up to court pi$$ed and parked his car on the no parking area right outside the court!
He looked shocked when the police dragged him off to the cells and got, failing to appear at court added to his charges
how can these people who are so stupid be allowed to drive!
He looked shocked when the police dragged him off to the cells and got, failing to appear at court added to his charges
how can these people who are so stupid be allowed to drive!
All the information can be found in the Magistrates� sentencing guidelines here:
http://www.sentencing-guidelines.gov.uk/docs/m agistrates_court_sentencing_guidelines_update. pdf
When dealing with this latest offence the court will not have the details of your earlier offence, only the dates of the offence and conviction, and the sentence imposed.
http://www.sentencing-guidelines.gov.uk/docs/m agistrates_court_sentencing_guidelines_update. pdf
When dealing with this latest offence the court will not have the details of your earlier offence, only the dates of the offence and conviction, and the sentence imposed.
Thanks new judge just took a look at that information. From the accident my partner reciveved a bump to her head from windscreen, she didnt have a seatbelt on, we both aslo have scratches from glass i assume. we also left the scene, car was of road on grass where i hit the bridge, also the fact i was banned 4 years ago, these are all aggrivating issues, how far will these go as regards to sentancing, as the starting point is based on a FIRST time offender pleady NOT guily??? Obviously im pleading guilty, but is my second offence for drink driving??? Any ideas what sentence could well be??? based on my personall case???
In Excess Alcohol cases, the main factor influencing sentence is the level of alcohol reading.
The aggravating features (accident, leaving the scene, etc) and the fact that this is your second offence will most likely increase the length of your ban beyond the three year minimum, but they are unlikely to move the substantial penalty (which is a fine, community order, or prison) beyond a fine.
I would be surprised if the Bench see fit to move it up to a community order. I cannot see any justification for custody (and if it was imposed, you would have strong grounds to appeal against the sentence as the magistrates would clearly be going beyond their guidelines without good reason).
The aggravating features (accident, leaving the scene, etc) and the fact that this is your second offence will most likely increase the length of your ban beyond the three year minimum, but they are unlikely to move the substantial penalty (which is a fine, community order, or prison) beyond a fine.
I would be surprised if the Bench see fit to move it up to a community order. I cannot see any justification for custody (and if it was imposed, you would have strong grounds to appeal against the sentence as the magistrates would clearly be going beyond their guidelines without good reason).
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