3 year disqualification, course reduction

Convicted Driver Insurance

Coostietightner123

Well-known member
2016 no excuses got into car outside of pub after an altercation. Police were waiting having been informed by
Wow, that was a tough sentence.

I blew 124 for my first offence. I didn't crash, but I only received a 20 month ban and a £400.

The 2nd time I blew 96 and again was fined £400 with 36 month ban reduced to 27 with the course.

I'm in Scotland where sentences seem to be much more lenient than down south, which is where I am presuming you live.
Was your second offence within 10 years, were you an HRO? From what I understand that carries a minimum 3 years. A drink driving awareness course even if ordered by the court cannot reduce the ban to under 36 months? That's what the sheriff and my solicitor told me . And I was not offered a course for my second offence
 

Luna2000

Well-known member
2016 no excuses got into car outside of pub after an altercation. Police were waiting having been informed by

Was your second offence within 10 years, were you an HRO? From what I understand that carries a minimum 3 years. A drink driving awareness course even if ordered by the court cannot reduce the ban to under 36 months? That's what the sheriff and my solicitor told me . And I was not offered a course for my second offence
Yes I was HRO and the awareness course does reduce the length of the ban. That is its purpose. My license was due back on 12th October 2021, but with the delays, I didn't get it back until 10th February 2022, 4 months later.

Was it a Sherrif (i.e Scotland,) or a Magistrate?

If they told you it would not reduce the ban they are telling you porkies or don't know the law.

I was HRO with my first offence.
 

Coostietightner123

Well-known member
Yes I was HRO and the awareness course does reduce the length of the ban. That is its purpose. My license was due back on 12th October 2021, but with the delays, I didn't get it back until 10th February 2022, 4 months later.

Was it a Sherrif (i.e Scotland,) or a Magistrate?

If they told you it would not reduce the ban they are telling you porkies or don't know the law.

I was HRO with my first offence.
Maybe the law I Scotland is different, I was told, and thought it to be fact that if say you were an hro and your disqualification was maybe 40 months, then yes the could reduce to 36 months. However a second offence in 10 years means that it doesn't matter if you get a drink driving awareness course, it can not reduce to less than 36 months as a 3 year minimum for a second offence is mandatory. I wasn't offered a course, it's at the sheriff or magistrates discretion. I know what the course is for, I've been through this twice now. So unless someone comes on with an intrinsic knowledge of the law and tells me I'm wrong? Then that's what I believe to be true
 

Coostietightner123

Well-known member
No,

I think that law is the same throughout the UK.

What you have referenced is if you have a ban over 36 months, then after 24 months you can appeal to the courts to have it reduced.

You are correct that the course is not always offered, (it wasn't to me the first time.)
Oh I'm well aware you can do that. I tried and failed. Even if you are disqualified for 36 months you are still legally entitled to petition the court to end the disqualification early and return your licence at the 2 year point. I did that in January gone. Sheriff was a miserable git and denied me. Hey ho. No what I was referring to is.....for a second offence in 10 years you are an HRO. Whatever else is going on. That disqualification MUST be no less than 36 months. Even if the magistrates or sheriff decide to allow you a drink driving awareness course. It can never reduce to less than 36 months. Let's say for arguments sake. Your handed 36 months, but there were aggravating circumstances. And the sheriff with his toffee nosed perceived sense of self entitlement decides he's God, and gives you an extra 3 months. So 39 months on total. You may well be offered a drink driving awareness course. But it will only ever take it down to 36 months. As a second offence in 10 years it is not within the sheriff or magistrates remit to give you less than 36 months. That's the law. And he is bound by that.
 

Coostietightner123

Well-known member
No,

I think that law is the same throughout the UK.

What you have referenced is if you have a ban over 36 months, then after 24 months you can appeal to the courts to have it reduced.

You are correct that the course is not always offered, (it wasn't to me the first time.)
 

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Coostietightner123

Well-known member
No,

I think that law is the same throughout the UK.

What you have referenced is if you have a ban over 36 months, then after 24 months you can appeal to the courts to have it reduced.

You are correct that the course is not always offered, (it wasn't to me the first time.)
It was with reference to those with two offences in 10 years. But 1st offence, even if classed as HRO is probably different
 

Luna2000

Well-known member
Wel
Oh I'm well aware you can do that. I tried and failed. Even if you are disqualified for 36 months you are still legally entitled to petition the court to end the disqualification early and return your licence at the 2 year point. I did that in January gone. Sheriff was a miserable git and denied me. Hey ho. No what I was referring to is.....for a second offence in 10 years you are an HRO. Whatever else is going on. That disqualification MUST be no less than 36 months. Even if the magistrates or sheriff decide to allow you a drink driving awareness course. It can never reduce to less than 36 months. Let's say for arguments sake. Your handed 36 months, but there were aggravating circumstances. And the sheriff with his toffee nosed perceived sense of self entitlement decides he's God, and gives you an extra 3 months. So 39 months on total. You may well be offered a drink driving awareness course. But it will only ever take it down to 36 months. As a second offence in 10 years it is not within the sheriff or magistrates remit to give you less than 36 months. That's the law. And he is bound by that.
l sorry, but I am proof that it isn't the law. I was sentenced to 36 months for a second offence, 2.5 years after the first one, was given the course, completed it, and had my ban reduced to 27 months.

Not much more I can say.
 

Coostietightner123

Well-known member
Wel

l sorry, but I am proof that it isn't the law. I was sentenced to 36 months for a second offence, 2.5 years after the first one, was given the course, completed it, and had my ban reduced to 27 months.

Not much more I can say.
Then either my sheriff or your magistrate didn't know the law. And if its my sheriff I'm gonna be really P****d off. Did you get the drink driving awareness course on your first offence? Not that matters because its not the point in question. Just interested
 

Luna2000

Well-known member
Then either my sheriff or your magistrate didn't know the law. And if its my sheriff I'm gonna be really P****d off. Did you get the drink driving awareness course on your first offence? Not that matters because its not the point in question. Just interested
Hi. I didn't get the awareness course for the 1st offence, so served the full 20 months, but I was automatically HRO given my breath reading of 124. I did get it for the 2nd offence and it was definitely reduced from 36 months to 27 after the completion of the course.

Unfortunately there is now little you can do about it as the course has to be offered at time of sentencing by the Sherrif/Magistrate.

Sorry you fell foul of people who obviously haven't got a clue.
 

Coostietightner123

Well-known member
Hi. I didn't get the awareness course for the 1st offence, so served the full 20 months, but I was automatically HRO given my breath reading of 124. I did get it for the 2nd offence and it was definitely reduced from 36 months to 27 after the completion of the course.

Unfortunately there is now little you can do about it as the course has to be offered at time of sentencing by the Sherrif/Magistrate.

Sorry you fell foul of people who obviously haven't got a clue.
No, hey its fine. It is what it is. 🤷 I've already started the process now. So little point in going back and trying to change anything. I live in a rural area, and there is a very small pool of sheriff's, the chances are the sheriff that disqualified me, and subsequently heard my petition and refused it, would be the same guy again. And his words were "it not an unreasonable request, but I'm more than happy for you to serve the full sentence, good bye"
The goodbye added a nice touch I thought 😂
 
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