Absolutely devastated and terrified

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oscar1991

New Member
Hi, I have recently been charged with a second drinking driving offence in 10 years. The last one was 6 years ago. Breath reading of 85. I have recently become a single mum of two small children. And I genuinely made a massive error in judgement and thought I was ok to drive. I clipped a parked lorry. And obviously police were involved and it went from there. Can you please advise me what sentencing I can expect to get. This was Completly my fault and I will be happy to be banned for 10 years. But I am absolutely terrified of a prison sentence. I have two children and this is literally the second time I have drunk 6 years years. I can sleep, I can’t focus on anything else. Any advise would be greatly appreciated. I have adhd which I’m getting help with. No that that’s an excuse. But I literally just didn’t think and I’m so angry and upset and myself
 
Hi Oscar 1991,

Im sorry you're feeling so upset with yourself. Please remember you've made an error of judgement but you're taking responsibility for that and you deserve to give yourself grace.

You won't go to prison for this. I hope this helps you to get some rest! You will like get a lengthy ban, although others on this forum are likely to be able to give you a better idea of the specifics, I just did not want to scroll past whilst you were panicking.
 
We don't have a crystal ball unfortunately and some of it will really comes down to how the magistrate feels on the day, how hungry they are, how much people have wound them up before your case is heard, etc.

Some things we can say...

The statutory minimum ban length is 3 years, because it's your second disqualification within 10 years for drink-driving.

You may be offered a drink driving rehabilitation course if you ask for it. This can reduce your ban by 25%, so if it was a 3 year ban, it could reduce it to 2 years and 3 months. The courts are generally very willing to offer the course to those who want it.

The sentencing guidelines for England & Wales blowing 85 set the starting point at 36-46 months disqualification, and a band C fine (150% weekly income) to a low level community order (e.g. 40-80 hours unpaid work). You won't get a fine and community order - it'll be one or the other.

The court will then consider any aggravating factors (in this case a previous conviction but this is already factored into the statutory disqualification length so can be ignored, and a collision with a vehicle). They'll also consider mitigating factors (making some assumptions here, but let's say short distance driven, showing genuine remorse, character references, caring for two children, and prospect of work/are currently in work).

Ultimately all we can say is the ban will be at least 36 months, may be reduced to 27 months if offered a drink driving rehabilitation course, and you'll get a fine or community order.

It is theoretically possible to get a prison sentence, which it's prudent to mention, but I'd bet my entire pension pot on you not getting prison time. You didn't injure anybody, your reading wasn't in the hundreds, you're undoubtedly going to show up in smart dress and show remorse.

You'll be off the road for a few years. Because this is your second offence within 10 years, DVLA will consider you a 'high risk offender'. This means you'll need a DVLA medical including alcohol blood tests to get your licence back. It's a few years away, but basically if you have a problem with alcohol, you need to get some help. When it comes to the medical, you'll want to be sober for at least a month before, possibly longer if you're a heavy drinker or have certain medical issues.

TLDR: 3+ year ban, fine or community service, DVLA medical before you get your licence back. Beyond that, it's impossible to be more specific.

On the plus side, nobody was hurt, it sounds like your partner is standing by you so you still have your family, and you said yourself you don't "mind" being banned for 10 years, so am assuming that while it'll be inconvenient and maybe embarrassing not driving, you'll be able to get on with life. The ban will pass quicker than you think.
 
I got both a fine, community order and a suspended sentence for a first time offence so never say never!
 
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Ouch! When was that and what were the circumstances around that?
Drunk in charge, sat in my car at the top of my road. Hadn’t drove drunk been sat there for about 2 hours drinking. Blew 157, first time offence, never been in any trouble in my life, have 2 children, one was a baby and was suffering from postnatal depression. Probation did my pre sentence, was amazing, was really happy with it! Judge was late, didn’t read anything, got a 12 month ban, 6 week prison suspended for a year, 100 hours community service, 90 day alcohol tag and a hefty fine! Threw the book at me! I was expecting to be punished as I deserved it, but wow I was shocked! This was last April, got my 1 year licence in May this year
 
Drunk in charge, sat in my car at the top of my road. Hadn’t drove drunk been sat there for about 2 hours drinking. Blew 157, first time offence, never been in any trouble in my life, have 2 children, one was a baby and was suffering from postnatal depression. Probation did my pre sentence, was amazing, was really happy with it! Judge was late, didn’t read anything, got a 12 month ban, 6 week prison suspended for a year, 100 hours community service, 90 day alcohol tag and a hefty fine! Threw the book at me! I was expecting to be punished as I deserved it, but wow I was shocked! This was last April, got my 1 year licence in May this year
That's an awful sentence for a first-time offence, drunk in charge (rather than drink driving), no collision, clean record etc! Yeah 157 is an exceptionally high reading (above the ranges in the sentencing guidelines even), but still a hefty combined sentence given the circumstances.
 
That's an awful sentence for a first-time offence, drunk in charge (rather than drink driving), no collision, clean record etc! Yeah 157 is an exceptionally high reading (above the ranges in the sentencing guidelines even), but still a hefty combined sentence given the circumstances.
Yeah I totally admitted I did wrong but I feel I was definitely hard done by! Does go to show if they are in a bad mood they don’t give a f**k. Think he was more bothered he could only give me a 12 month ban on the guidance so threw everything else at me too. Probation came straight to me after it and said I was very unlucky with the judge on the day!
On the plus side I’m now 15 months sober, haven’t touched a drip since that day and will never again after finding it so difficult not having a car with small children to get to school etc. we live and we learn hey!
 
Yeah I totally admitted I did wrong but I feel I was definitely hard done by! Does go to show if they are in a bad mood they don’t give a f**k. Think he was more bothered he could only give me a 12 month ban on the guidance so threw everything else at me too. Probation came straight to me after it and said I was very unlucky with the judge on the day!
On the plus side I’m now 15 months sober, haven’t touched a drip since that day and will never again after finding it so difficult not having a car with small children to get to school etc. we live and we learn hey!
Fair dos on the sober bit mate. That's what's important for a lot of us at the end of the day.

Being without a car can be a right pain but the ban comes to an end eventually.

Crazy how inconsistent the system can be though. I was collared and blew 77 at the station, after crashing a van. I got away with 12 months ban (9 after the course) and something like £450 fine. I thought it was a high reading for Scotland where the limit is 22, but I got the bare minimum sentence and was shocked frankly, as was my solicitor!
 
Yeah I totally admitted I did wrong but I feel I was definitely hard done by! Does go to show if they are in a bad mood they don’t give a f**k. Think he was more bothered he could only give me a 12 month ban on the guidance so threw everything else at me too. Probation came straight to me after it and said I was very unlucky with the judge on the day!
On the plus side I’m now 15 months sober, haven’t touched a drip since that day and will never again after finding it so difficult not having a car with small children to get to school etc. we live and we learn hey!
Hi,

Yeh that seems a bit on the higher side (might been in a bad mood? But when you said Judge (only person handing out your sentence).

Did you have any previous run ins withe courts?

Kind regards,




Stu
 
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Hi,

Yeh that seems a bit on the higher side (might been in a bad mood? But when you said Judge (only person handing out your sentence).

Did you have any previous run ins withe courts?

Kind regards,




Stu
Sorry what do you mean about judge- only person handing out your sentence?

No never stepped foot in a police station or a court in my life!
 
Sorry what do you mean about judge- only person handing out your sentence?

No never stepped foot in a police station or a court in my life!
Hi,

Sometimes at Magistrate Court it is normally 3 Magistrates looking at your case but can be a single judge.

Quote "Yes, a judge can be in a magistrates' court. Specifically, District Judges (Magistrates' Courts) sit in magistrates' courts, either alone or alongside two or three lay magistrates. Magistrates' courts also have legally trained advisers who support the lay magistrates. "

Kind regards,




Stu
 
Does appear to rely on how good a day the magistrate is having. Initially they thought I was a solicitor and eventually the clerk asked me when i expected my client to show, once cleared that up the clerk was apologetic and super efficient, after the hearing gave me all the info i needed about paying the fine and how to register for the course etc. But, the magistrate barely looked up, prosecution (about 14 I thought) read out the charges, muttered something about previous good character and plonked himself back in his seat. Judge gave me minimum ban and went back to staring into space.
Pretty unmemorable, but overall pleased about the length of ban etc.
 
Does appear to rely on how good a day the magistrate is having. Initially they thought I was a solicitor and eventually the clerk asked me when i expected my client to show, once cleared that up the clerk was apologetic and super efficient, after the hearing gave me all the info i needed about paying the fine and how to register for the course etc. But, the magistrate barely looked up, prosecution (about 14 I thought) read out the charges, muttered something about previous good character and plonked himself back in his seat. Judge gave me minimum ban and went back to staring into space.
Pretty unmemorable, but overall pleased about the length of ban etc.
This was my experience in the sheriff court.

Prosecutor had pages of notes but only read out about a dozen sentences. Defending solicitor put forward a list of mitigating factors, quite concisely.

The sheriff looked at me a few times almost as if to judge my reaction. Then went with the minimum 12 months, small fine, rehab course. He only paused to ask my solicitor of I'd pay the £450 fine all at once or if I'd do it in installments, she came to me to ask and I said all at once.

And that was basically it. Solicitor said that's basically the minimum possible sentence possible. Left the court and we were actually on the same train home. I didn't sit next to her or anything!
 
Hi,

Sometimes at Magistrate Court it is normally 3 Magistrates looking at your case but can be a single judge.

Quote "Yes, a judge can be in a magistrates' court. Specifically, District Judges (Magistrates' Courts) sit in magistrates' courts, either alone or alongside two or three lay magistrates. Magistrates' courts also have legally trained advisers who support the lay magistrates. "

Kind regards,




Stu
My first appearance was 3 people and then was adjourned for a pre sentence and when I returned on the next date it was just one judge
 
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What is a pre sentence? I thought you do your 1st hearing then goes straight to a trial?
A pre sentence is where you meet with probation and they put a report together to give to the judge/ magistrates for guidance on what sentence you should get. So all your aggravating and non aggravating info etc. my charge of DD was dropped that day and changed so my charge was then drunk in charge, I’m not sure about what happens with trials cos that’s when your pleading not guilty to the offence you’ve been charged with if that makes sense
 
We don't have a crystal ball unfortunately and some of it will really comes down to how the magistrate feels on the day, how hungry they are, how much people have wound them up before your case is heard, etc.

Some things we can say...

The statutory minimum ban length is 3 years, because it's your second disqualification within 10 years for drink-driving.

You may be offered a drink driving rehabilitation course if you ask for it. This can reduce your ban by 25%, so if it was a 3 year ban, it could reduce it to 2 years and 3 months. The courts are generally very willing to offer the course to those who want it.

The sentencing guidelines for England & Wales blowing 85 set the starting point at 36-46 months disqualification, and a band C fine (150% weekly income) to a low level community order (e.g. 40-80 hours unpaid work). You won't get a fine and community order - it'll be one or the other.

The court will then consider any aggravating factors (in this case a previous conviction but this is already factored into the statutory disqualification length so can be ignored, and a collision with a vehicle). They'll also consider mitigating factors (making some assumptions here, but let's say short distance driven, showing genuine remorse, character references, caring for two children, and prospect of work/are currently in work).

Ultimately all we can say is the ban will be at least 36 months, may be reduced to 27 months if offered a drink driving rehabilitation course, and you'll get a fine or community order.

It is theoretically possible to get a prison sentence, which it's prudent to mention, but I'd bet my entire pension pot on you not getting prison time. You didn't injure anybody, your reading wasn't in the hundreds, you're undoubtedly going to show up in smart dress and show remorse.

You'll be off the road for a few years. Because this is your second offence within 10 years, DVLA will consider you a 'high risk offender'. This means you'll need a DVLA medical including alcohol blood tests to get your licence back. It's a few years away, but basically if you have a problem with alcohol, you need to get some help. When it comes to the medical, you'll want to be sober for at least a month before, possibly longer if you're a heavy drinker or have certain medical issues.

TLDR: 3+ year ban, fine or community service, DVLA medical before you get your licence back. Beyond that, it's impossible to be more specific.

On the plus side, nobody was hurt, it sounds like your partner is standing by you so you still have your family, and you said yourself you don't "mind" being banned for 10 years, so am assuming that while it'll be inconvenient and maybe embarrassing not driving, you'll be able to get on with life. The ban will pass quicker than you think.
I got a 40 month ban and £450 fine, wasn’t aloud the course very understandable as a second offence. But I am relieved that is all I received to be honest
 
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