DRINK DRIVING SENTENCES

Convicted Driver Insurance

price1367

TTC Group
There are plenty of examples on here where people talk about their medicals. With no evidence of dependency or alcohol misuse It is fairly straightforward. (Covid permitting)
 

Virgoman

New member
Brief Description of Offence:
I was at a friends birthday party, had a few drinks fell asleep. Got up felt sober enough to take a 2 minute drive home.

Blood Alcohol Level and Reading Type:
Breath 66 mlg.

Mitigating Factors:
No previous / clean licence. Cooperated with Police after arrest. (Refused breath test at roadside).

Aggravating Factors:
Refused breath test at roadside.
Police accused of having to take evasive manuvers in order to avoid near side collision on round about. Refusal of breath test at roadside.

Legal Representation at Court?:
Yes

Sentence:
12 month disqualification
£350 fine

Offered the Drink Driving Rehabilitation Course?:
Yes - £210 course cost & the court ordered me to attend one over an hour journey from where I live. Luckily when I contacted them due to COVID they run the meetings over Zoom so I don’t have to leave my home.

Sentence Comments:
Pretty lenient all things considered. What I expected. Police tried to get me done with dangerous driving because I failed to stop whilst taking third exist on roundabout and they were attending another 999 call. However my lawyer got this dropped to careless driving and the failure to stop dropped completely.
 

newstead

New member
Brief Description of Offence:
I was caught leaving the car park drunk whilst forget to pay the parking fee, leading to police station arrested.

Blood Alcohol Level and Reading Type:
Breath 145 at the station, too high

Mitigating Factors:
Long clean driving record, no previous drink driving / criminal convictions, short distance driven, extremely remorseful, no one injured, not involved in any accident

Aggravating Factors:
Obviously excess alcohol, too much high reading and its in the highest grades


Legal Representation at Court?:
Yes, Hammond Trotter Solicitors, strongly recommend and found them through this forum

Sentence:
36 months ban reduced by 9 months with a course, £128 fine and £85 costs, 100 hours community service, 12 weeks suspended sentence for 12 months.

Offered the Drink Driving Rehabilitation Course?:
Yes, will be taking it

Sentence Comments:
It wasn’t bad considering my higher level readings, recommend going through a solicitor to ease off the nerves.
 

Capitano08

Member
Brief Description of Offence

Own a bar and had a drink once finished.Was caught on CCTV staggering into the car park and entering car. CCTV say I was doing excessive speed and swerving over the road (lawyer got this part dropped). Police pulled me over. I had hit a kerb and blew the tyre. Blew 91 at roadside, which was low as I had a lot to drink. Got to police station and only got 1 reading done so was done for failure to provide.

Reading

91 at roadside. Failed to provide at station.

Mitigating Factors

Clean license and no one injured. Remorseful and cooperated fully. Pulled over as soon as i heard the s

Aggregating Factors

Blew tyre. High reading. Failure to provide

Legal Representation

Bready and Co, Glasgow. Highly recommend as I was a mess and Jim kept me sane through the 3month wait for court.

Sentence

20month ban reduced to 15 and £1500 fine reduced to £1000. Ban and fine reduced due to early guilty plea.

Sentencing Comments

Would highly recommend a lawyer as they ease your mind. Lawyer asked for the judge to avoid community service as I have 2 businesses which I was trying to get back up as running due to Covid. He asked for them to consider a larger fine as I was happy to pay it to avoid community service. He used my references for charity work that I have done locally. One of them was from the local provost which helped.

It was a horrible time for me but as soon as you walk out the court I can genuinely say you feel like a better person.

The judge gave me a hard time as she knew of me from work I have done locally and said it was disappointing to see me in front of her. She did say though that she knew this was well out of character.
 

price1367

TTC Group
I thought so. The 3 tier guidelines for magistrates do not apply in the Sheriff Courts in Scotland, and the magistrates do not give a discount on the length of the ban for a guilty plea, just on the fine. If you have been further South you would have got more like 24 months.
 

ddforum89

Member
Brief Description of Offence

Had a drink, drove to shop in the early hours, on the way back I hit a post and the airbag went off. Car written off.

Reading

78 breath at station.

Mitigating Factors

Clean license and no one was injured. Remorseful and cooperated fully, full and frank admission at earliest opportunity. Good character references.

Aggregating Factors

Accident, bad weather.

Legal Representation

No. Brief chat to duty solicitor before I went in.

Sentence

20month ban reduced by 20 weeks with the course and ~£600 fine including costs and surcharge.

Sentencing Comments

I prepared my letter of mitigation and had the opportunity to read it out - I made no excuses and was remorseful. Magistrates commented that I had two excellent character references but the fact I was in an accident bumped the ban duration. I was worried the prosecutor would be out for blood but they were fair. There were about half a dozen of us in the waiting room who were in for DUI, most had a solicitor. Pretty much what I expected, I did mention I’d been off the road since the accident (2 months) but that wasn’t taken into consideration.
 

WinterSnow

Active member
Brief Description of Offence:
Drank wine in the evening. More than usual due to relationship issues.
In the early hours of the morning I drove to a near by 24 hour garage 2 miles away. One of my lights was out which is enough to be pulled over even if you are driving 'normally'. He knocked on my window at the garage as I got was getting out to the pumps. Told me my light was out..then smelt alcohol and breathalyzed me which came up as a fail. No other offense or factors came in to it. Was flood lit empty road to the garage. Just unlucky about the light I guess.. :-/

Blood Alcohol Level and Reading Type:

Breath 84ug at the station

Mitigating Factors:

No previous drink driving / criminal convictions, completely co-operation with the police start to finish, short distance driven, there were some personal reasons for driving at 2am that morning but I did not try to justify my actions with them, but they were mentioned in court.
I am very slim and small in build also which wouldn't have helped with the amount of alcohol that was still in my system, perhaps this should have been mentioned in court too.
Several officers made statements about my nice nature and my clearly honest regret at my actions. They didn't have to, and for that i am grateful.

Aggravating Factors:

non.

Legal Representation at Court?:

Yes - fee £475 ( I am pretty sure a duty solic could have done the same job. )

Sentence:

17 months ban, fine £100, costs £100

Offered the Drink Driving Rehabilitation Course?:

Yes to reduce ban by 25%
I definitely will be attending this in a few months. Aside from bringing my ban down to 13 months, I genuinely want to attend it to scare me off ever being that stupid again, whether I had a good reason that morning or not!


Sentence Comments:
I was told to expect 2 years and anything less would be a bonus. That was good advise as it really did soften the blow of 17 months with the course offered too. but of course I had prayed for less for a few important reasons.
I'd heard of people with higher 'ug' readings going further distances and driving recklessly getting pretty much the same ban period as me ( but bigger fines ) so I was a little low.
But it also could have been worse!


After Thoughts:

I seriously would have taken a £1000 fine to reduce my ban if that was possible (god knows how I would have paid it!)... but money is nothing compared to my job ( i can no longer travel too).. or the unbelievable life change for me and my young family for the next 13 months.
One of the worse parts of this (along with losing my license!) is knowing I know have a criminal record.

If I could go back in time..... :-/

x
The driving ban I can cope with. The criminal record is breaking my heart 😞. Hope you are ok now x
 

Stooky

Active member
Brief Description of Offence:
Had a massive argument with my partner. She told me she wanted me out of her house. Drove to my home town a few miles away and had quite a few pints. Intending on sleeping in the car (I know this is also an offence), instead I stupidly drove.

Blood Alcohol Level and Reading Type:
Breath 91au

Mitigating Factors:
Clean diving license for 14 years.
No previous similar convictions.
Partner threatened suicide via text so I drove to go and see her.

Aggravating Factors:
Left the road and hit a speed sign.

Legal Representation at Court?:
Yes

Sentence:
23 month ban
Total fine and costs £860

Offered the Drink Driving Rehabilitation Course?:
Yes completed 1st day. Intend to complete course

Sentence Comments:
I thought the ban was fair but the fine was a bit harsh
 

Molly1234

Active member
Been to court today 24.9.20

Brief Description of Offence:
Had a few drinks with a family member. Ended up drinking alot of red wine and thinking I could drive home 😫😥

Blood Alcohol Level and Reading Type:
122 in breath

Mitigating Factors:
Long clean driving licence, short distance driven (.7 miles), no other criminal convictions, early guilty plea, compliant with the police, stressed due to work and looking after poorly parent

Aggravating Factors:
Crashed into a stationary van, very high reading

Legal Representation at Court?:
Yes - although it transpired my Solicitor was the duty solicitor for the day. Felt a bit ripped off especially when we were disturbed so he could see another case (which was worse than mine). Solicitors costs £500.

Sentence:
26 month ban, 180 hours CS to be taken over 18 months, £85 court costs

Offered the Drink Driving Rehabilitation Course?:
Yea and will take the course. This will reduce my ban to 20 months.

Sentence Comments:
Happy with my sentence I was expecting a higher ban and a suspended sentence.
Arrived to court and was very nervous. Was told i would be facing the District Judge. I panicked at the thought of this but was told by my Solicitor and probation officer that it's much better to have the District Judge than a Magistrate. Went in and had the charges read then had to speak to the Probation Officer before sentancing. He was absolutley brilliant. Went through some options and it was deemed I didnt need an intervention or any other support.
I will never drink drive again. I am glad it is over and can draw a line under it. Happy to give advice to anyone going through this. I have been so stressed out but in all honesty all it wasnt as bad as I thought. This forum has been really helpful to me and felt I really needed to document this.
Hi Lizzie, I hope you don’t mind me asking you a question. You mentioned hitting a parked van, was your insurance able to pay the third party costs and did they chase you to recover that cost? Thank you x
 

Lizzie

Active member
Hi Lizzie, I hope you don’t mind me asking you a question. You mentioned hitting a parked van, was your insurance able to pay the third party costs and did they chase you to recover that cost? Thank you x
Hi Molly

I am assuming they will but I havent heard anything from them as yet. After my accident (which was around the corner from my house 😫) the police called my husband and he came straight away and liaised with he police and the owner of the van. My husband told me that there wasnt a great deal of damaged to the van. Just my car (which was written off). My insurance company (zenith) were so inept its unreal. I'm sure I will hear from them at some point. Please correct me if I'm wrong (others) but I think this can take a while.
Are you having issues with your insurance?
All the best xx
 

Molly1234

Active member
Hi Molly

I am assuming they will but I havent heard anything from them as yet. After my accident (which was around the corner from my house 😫) the police called my husband and he came straight away and liaised with he police and the owner of the van. My husband told me that there wasnt a great deal of damaged to the van. Just my car (which was written off). My insurance company (zenith) were so inept its unreal. I'm sure I will hear from them at some point. Please correct me if I'm wrong (others) but I think this can take a while.
Are you having issues with your insurance?
All the best xx
Thanks for your reply. I asked this question in a separate thread a few ppl have suggested that it is usually Admiral Group or that’s the only one they have heard of that comes after you for third party claims. I am hoping they won’t xx
 

Molly1234

Active member
Hi Molly

I am assuming they will but I havent heard anything from them as yet. After my accident (which was around the corner from my house 😫) the police called my husband and he came straight away and liaised with he police and the owner of the van. My husband told me that there wasnt a great deal of damaged to the van. Just my car (which was written off). My insurance company (zenith) were so inept its unreal. I'm sure I will hear from them at some point. Please correct me if I'm wrong (others) but I think this can take a while.
Are you having issues with your insurance?
All the best xx
And I guess the insurance didn’t pay you anything for your car? I am sure that they don’t cover your car in you are convicted of DD but only pay third party. Just hoping that they don’t come after us to recover third party cost, fingers crossed
 

jay123

New member
Brief Description of Offence:
Had several drinks at a friends house (2 brandy and coke) at about 9pm to 11pm, also had 2 beers from 5pm to 7pm on the same day after work, left my friends at 11 pm to drive home, I thought I was fine, I overtook a slow car going 20mph in a 30mph road which was a legal manoeuvre due to the hatched marking allowing overtakes, police saw the overtake and decided to check me out and breathalyse me as precaution.

Blood Alcohol Level and Reading:
I blew 42 on the roadside and 41 in the station.

Mitigating Factors:


Good character, 2 character references, criminal history over 10 years ago, no previous drink driving offences.

Aggravating Factors:
None.

Legal Representation at Court?:
No - if pleading guilty I wouldn't pay huge amounts to a solicitor to defend you, do your research, present yourself correctly, write your mitigating circumstances and try to read it in court to show you are sorry and for them to see the remorse first hand. obviously I blew a low reading so you may differ blowing over 100u or having accidents.

Sentence:
12 month ban, 480 fine.

Offered the Drink Driving Rehabilitation Course?:
Yes, got ban down to 9 months

Sentence Comments:
awaiting the court date wasn't a great time, have been drink driving for a long time now and I have finally felt the fire first hand, I will never drink drive again, lucky I was at the lower end not blowing a high reading, please learn guys. one love and wish you all the best... remember life goes on.
So a month and a half off my ban and feeling good! Obviously nee problems and stress 🤣 life is a bitch.
 

Lizzie

Active member
And I guess the insurance didn’t pay you anything for your car? I am sure that they don’t cover your car in you are convicted of DD but only pay third party. Just hoping that they don’t come after us to recover third party cost, fingers crossed
No I didnt get anything for my car (didnt expect too). My car wasnt worth a great deal. I had loads of trouble with Zenith. They told me that they were collecting my car from storage then to be told other wise in a letter 10 days later that they were not. I even questioned with them if they were sure as it was DD. I'd also arranged a scrap dealer to go and get it then cancelled it as Zenith assured me. I must have gotten a staff member that didnt know what they were talking about. Therefore I had to foot a £500 storage bill 😫
 

Molly1234

Active member
No I didnt get anything for my car (didnt expect too). My car wasnt worth a great deal. I had loads of trouble with Zenith. They told me that they were collecting my car from storage then to be told other wise in a letter 10 days later that they were not. I even questioned with them if they were sure as it was DD. I'd also arranged a scrap dealer to go and get it then cancelled it as Zenith assured me. I must have gotten a staff member that didnt know what they were talking about. Therefore I had to foot a £500 storage bill 😫
Well let’s just hope and pray that the insurance doesn’t come after you or us for recovering the third party costs xx
 
Brief Description of Offence:
Was in complete blackout after an argument - I truly have no idea where I was going. I don't remember any of this but I hit a parked van with my car and shunted us both 50 feet down the road. A passing motorist pulled up and called the police, who arrived and I was taken to hospital. I was luckily uninjured but my car was written off.

Blood Alcohol Level and Reading Type:
Blood 316mg in 100ml blood. Legal limit is 80. This was very high.

Mitigating Factors:
Long clean driving record, no criminal convictions for anything, have made serious efforts since to address my alcoholism, supportive family and good references.

Aggravating Factors:
Extremely high reading, caused an accident.

Legal Representation at Court?:
Yes. Paid £1650 for Patterson Law and worth every penny. With the accident plus the EXTREMELY high reading, there was a genuine chance of custody, so I wanted everything in place to ensure this didn't happen.

Sentence:
36 months disqualification and £613 fine total in court costs, fines and victim surcharge fees.

Offered the Drink Driving Rehabilitation Course?:
Not offered.

Sentence Comments:
This was extremely lenient, and the magistrates actually went out of the sentencing bracket for me. However I would like to point out that I have made some MASSIVE life changes since the crash and this was evident. I have been entirely sober, attended regular meetings, moved into Community Recovery Housing, and have a keyworker who signed off on all of this, wrote me an excellent reference and came to court with me.

I also provided a written letter of apology, proof of completion of an Intuitive Recovery Course I took in early January, and two other excellent character references, including one from my Mum who also attended court with me. I believe the magistrates took all of this mitigation into account when sentencing, and it took a huge amount of hard work for me to get to where I am (and will continue to take hard work).

Ultimately I believe this was a fair sentence, and I'm glad the whole thing is over.
 
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