Dd rehabilitation course

Convicted Driver Insurance

Louise 73

Member
Hi Guys,

I was convicted last week of DD and sentenced to a 3 year ban as this was my second offence and unfortunately it was by only a few months inside the 10 year 2nd offence period. I asked the magistrate if I could take the dd rehabilitation course and they said that I couldn't because of the second offence sinario. I was told by various solicitors when searching to appoint one for my case that I could be offered the course as I was not offered it when previously convicted. Was hoping someone might be able to clarify this for me?
 
The magistrates can, and do, offer a drink drive course fir a second offence... even after the person did a course on the first conviction, especially where there is a big time gap.
However, the offer of a course is at the discretion of the magistrates, and their discretion was to not offer it. The course, in law, cannot be offered after the case has finished so you cannot now be offered a reduction in your ban.
Which court were you convicted in?
 
Hi Price,
Thanks for your reply. I'm most grateful. The magistrates decision was not necessarily due to not using his descresionary as when I asked he said that it was not allowed on a second offence. Do you think it may be possible for me to write to them choosing my words very carefully, by that I mean not suggesting that he got it 'wrong'? The magistrates were actually really nice people and I could tell that they grasped that I was a good person that made a mistake. They were particularly nice in the sense that they could have thrown the book at me considering my legal teams rediculous argument at trial which really exasperated the Cps. It was Croydon Magistrates
 
Two things,
firstly as the case has finished, there is little point writing to the court because even if they agreed, the course cannot be offered now.
secondly, your answer perhaps explains why it was not offered, it was in response to your defence solicitor irritating the court, so having him / her cost you more than their fee, it cost you a potential 9 month reduction in your ban!
 
Thanks for this, I don't feel there is anything to lose by asking. Do you know where I can source any information to support the fact that legally the course could have been offered?
 
Louise 73 said:
Thanks for this, I don't feel there is anything to lose by asking. Do you know where I can source any information to support the fact that legally the course could have been offered?
Click to expand...
Hi Louise, if you look at https://www.gov.uk/drink-drive-course it explains that you can be offered a course if you are banned for 12 months or more for a 'Drink Driving' offence. As Price says, it is down to the discretion of the magistrates whether to offer the course or not, if there was an issue in a point of law then the Clerk would have advised the magistrates that it wasn't impossible to offer the course.

I'm presuming from what you said that you plead 'not guilty' on the solicitors advice and they tried some type of 'procedural error' defence which was rejected by the court. In many of these cases, magistrates will not offer the course (possibly as Price says as further punishment for not pleading guilty). There are plenty of people offered the course a second or third time, but it is down to the magistrates.

Unfortunately you are now pissing in the wind, your solicitors have cost you more time and more money by the look of it!
 
Louise, whilst you are right to say that it was incorrect for the magistrate to say he / she could NOT offer the course for a second offence, the error cannot be corrected. Even if the magistrate accepts it was wrong, the law on the courses is clear, the offer MUST be made, and accepted, before the conclusion of the case in court. If you had been offered a course, said no, then 15 minutes later you changed your mind, it is too late.
In theory you could appeal to the crown court within 21 days against the sentence imposed, but it is debatable if the DDRS is part of her sentence, it is an ancilliary order. therefore it is probably not something that you can appeal against.
 
Thanks Price, I've decided to leave it alone and possibly apply to have my licence back early after 2 years under exceptional hardship. This is something I read about online, do you know much about it?
 
You are right that you can make an application for your licence back 2 years into your 3 year ban.
you have to show what the benefit will be by getting it back early, and that needs really to show the benefit to others or perhaps a promotion or the ability to employ someone else if you are able to drive.
DON’t talk about it being hard for YOU, because that was the idea of giving you a 3 year ban!
Some courts allow you to apply ahead, so the hearing is at the 2 year point, some will only allow you to apply at the 2 year point, with the hearing some weeks later.
if you are successful you will still have to apply for your licence back and undertake the DVLA medical before you can drive again, so that adds to the time it takes.
 
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