Driving on a suspended license and over the limit?

[Paul1982]

I got my driving license suspended at the end of last year for driving over the limit.

I know I was stupid but I was driving last month after having a few drinks and got pulled over and was over the limit and have been charged with both.

I know how stupid I was but anybody have any idea what I'll be looking at in court?

[New Judge]

What country are you in?

I ask because you used the term "license suspended" - a term not usually used in Britain.

If you are in England or Wales I can help. Scotland possibly (with some reservations). Elsewhere, I cannot.

Also, what were you sentenced to last time and what was your excess alcohol reading tjis time?

[Paul1982]

Thanks. This is in England - must be looking at too much about Paris Hilton!

Anyway It was 152mg on the BAC test. I got a 12 month ban and a �750 fine last December in Magistrates Court.

[Buenchico]

There's a press report of a fairly similar situation here:
http://www.gooletimes.net/news/3006/banned_dri ver_caught_back_behind_wheel

Initially, it might look as if that driver got off quite lightly (3 year ban, 60 hours unpaid work, supervision order, Think First programme, �55 costs) but reading the article in more depth suggests that the court might have been minded to impose a relatively light sentence because the guy had already spent 2 months in prison.

Having read many reports in our local (Suffolk) press and having done a bit of freelance reporting myself, I'd suggest that a more typical sentence is 3 months imprisonment, plus a 5 year ban. If you've got a good solicitor, you might get a non-custodial sentence but you'd probably be looking at 200 hours unpaid work, plus a Think First course coupled to a supervision (i.e. probation) order and a 5 year ban.

Chris

[New Judge]

The court will take a dim view of these two offences.

The magistrates� �starting point� for driving whilst disqualified is a Community sentence.

I assume that the reading of 152mg you quote was a blood sample analysis and not breath. (The limit for breath is 35. This would put you more than 4 times over the limit and you would be looking at a probable custodial sentence for that offence alone - especially as it is your second offence). The limit for blood alcohol is 80 and the starting point for a first offence of excess alcohol at the level you quote is a fine.

However, I think the magistrates will take the view that these matters, taken together, are �so serious� that they must consider custody. Among other things they will bear in mind that you were banned from driving when you committed a second offence of identical nature to that for which you were originally disqualified.

In any event they will ask the probation service to prepare a report on you to help them determine their sentence. This could take up to three weeks. My advice is to engage a solicitor during this time. There is a strong likelihood that you will be sentenced to a period in prison and at the very least you can expect a hefty Community penalty, rather along the lines that Chris has outlined. I cannot see any possibility of escaping with just a fine and a solicitor will help you minimise whatever sentence is imposed.

As well as this, for a second offence of excess alcohol within ten years of the first the magistrates must disqualify you for a minimum of three years. As this offence was committed whilst disqualified, and the alcohol reading is above the lowest step in the sentencing guidelines, they may choose to increase their penalty from that minimum level.

[Heidihi1301]

my father is a magistrate and he says that they may issue you with a prison sentance due to your total disregard of having your licence suspended last time.

he has advised me that you should expect upto 6 months imprisonment and 3 year ban.

pack your tothbrush and frankly we can all sleep safe knowing you are off the road

[emmamarie]

i would say definitely lose ur license for a year, penalty points & a big fine

[legend760]

you deserve to go to jail.

if youd killed anyone they wouldnt get off , not ever.

drinking and driving is for mugs btw.

your a habitual drink driver you should go to jail.

you should be ashamed of yourself btw.

[Paul1982]

Thanks Chris and New judge for the information. It's not what I wanted to hear but at least I know what to expect. Will pleading guilty make any difference especially about prison?

I am ashamed of what I did but we all make mistakes. i haven't even told my girlfriend yet so I'm going to get a tough time from her. You hear of alot of people getting off for much more serious events so I didn't realise that a prison sentence is likely for this.

[Paul1982]

By the way I'm seeing a solicitor on Tuesday as i know things are pretty serious.

[NeilBaker]

Paul
I am on a ban myself so know what you are going through. What did you get mate?

[Paul1982]

Thanks Neil.

Was in court 2 weeks ago and they asked for probation reports so think they're all done now. Go back week after next for sentencing so pretty worried now.

[NeilBaker]

Good luck mate. I had probation report myself and ended up with community service. Theres a good chance you could get the same. Its pretty bad but better than sitting in a cell i reckon. Email me at [email protected] if you want