DRINK DRIVING SENTENCES

Convicted Driver Insurance

djneilsmith98

Well-known member
Brief Description of Offence:
Alleged with Excess alcohol
Unfit through Drink or drugs.
Fortunately no one was injured.

Blood Alcohol Level and Reading Type:
122-Blood

Mitigating Factors:
1st offence
Clean driving licence
Good character/ character reference letters.
Remorse
Short distance driven
Assistance in prosecution/ accepted in police interview/ Pleaded Guilty.


Aggravating Factors:
Hit 4 parked cars.
Hit garden wall.
Passenger was taken to hospital but no injuries fortunately.
Ignored warnings signs from public.
As per witness I was trying run away after accident.

Legal Representation at Court?:
Yes

Sentence:
15 month’s Banned £662 total fine. Ban will be reduced by 15 weeks.

Offered the Drink Driving Rehabilitation Course?:
Yes

Sentence Comments:
It was an excellent result after all the aggravating factors. They could have gone for upper bracket. I’m happy with overall financial penalty and ban.
This is an amazing result. Just makes me realise how badly I got treated!
 

Jo88

Active member
Brief Description of Offence
Went to my local,had about ten pints,drove home then police came up as someone grassed us up

Blood Alcohol Level and Reading Type:
121 first reading (breath)
115 second reading

Mitigating Factors:
only drove half mile
alone in the car
11pm not many cars in the road

Aggravating Factors:
none

Legal Representation at Court?:
yes,GET A GOOD SOLICITOR!!!

Offered the Drink Driving Rehabilitation Course?
yes

Sentence Comments:
-28 month ban,plus reduced with drink rehabilitation course and
-950£ fine.
Yes,a fine not community service.
My solicitor was really good,basically we asked for for a fine instead a medium to high level of community service,and the court agreed
What solicitors did you used?
 

lryoung81

Member
Incident 1
Brief Description of Offence:

Drank a bottle of vodka and went to my bed. Woke up at some point during the night and drove to the local supermarket to get food (seemingly during a blackout as I can't remember any of that part). Crashed my car in the carpark and was found at the wheel by an off-duty police officer who happened to be a friend of my brother (who is also a cop)

Blood Alcohol Level and Reading Type:
Breath - 129

Mitigating Factors:
Clean driving record, no criminal convictions, professional job, full co-operation with police, was due to start my training as a police officer within a few weeks of the accident (job offer obviously went away after that)

Aggravating Factors:
N/A

Legal Representation at Court?:
Yes - duty solicitor

Sentence:
2 years (reduced to 20 months if I completed a rehabilitation course), £600 fine

Offered the Drink Driving Rehabilitation Course?:
Yes, but I didn't attend the course as I was an alcoholic and was still drinking at the time.

Sentence Comments:
I hoped I might have gotten a year or 18 months, but the reading was very high so I couldn't really complain.



Incident 2
Brief Description of Offence:

Had one large vodka mid afternoon on my day off and decided to drive to the local shop for more drink before I drank any more. My MOT had elapsed by 2 days (which I didn't realise) and I was stopped by a police traffic car about 50 yards from my front door on the way back from the shop.

Blood Alcohol Level and Reading Type:
Breath - 33 (unlike in England, the legal limit in Scotland is 22)

Mitigating Factors:
Full cooperation with police, reading was low and would've been considered under the limit had I been stopped a year or so earlier before they lowered it. I had also started attending AA meetings after the incident but before the court date, so I was trying to do something about my alcoholism.

Aggravating Factors:
Second offence inside 10 years

Legal Representation at Court?:
Yes - duty solicitor

Sentence:
3 years, £500 fine

Offered the Drink Driving Rehabilitation Course?:
No. Solicitor told me that asking for a rehab course would piss off that particular judge and may lead to a longer sentence.

Sentence Comments:
Can't complain. Judge told me he was giving me just about the lowest possible sentence, which I didn't argue with.



Worth saying that things are now completely different for me. I've achieved sobriety after many years of self destruction and denial. I've been sober for more than 2 and a half years and got my 1 year licence back yesterday. Hopefully this is the start of a new chapter and I can close the book on the last decade, which quite frankly has been shite.
 

Jo88

Active member
Incident 1
Brief Description of Offence:

Drank a bottle of vodka and went to my bed. Woke up at some point during the night and drove to the local supermarket to get food (seemingly during a blackout as I can't remember any of that part). Crashed my car in the carpark and was found at the wheel by an off-duty police officer who happened to be a friend of my brother (who is also a cop)

Blood Alcohol Level and Reading Type:
Breath - 129

Mitigating Factors:
Clean driving record, no criminal convictions, professional job, full co-operation with police, was due to start my training as a police officer within a few weeks of the accident (job offer obviously went away after that)

Aggravating Factors:
N/A

Legal Representation at Court?:
Yes - duty solicitor

Sentence:
2 years (reduced to 20 months if I completed a rehabilitation course), £600 fine

Offered the Drink Driving Rehabilitation Course?:
Yes, but I didn't attend the course as I was an alcoholic and was still drinking at the time.

Sentence Comments:
I hoped I might have gotten a year or 18 months, but the reading was very high so I couldn't really complain.



Incident 2
Brief Description of Offence:

Had one large vodka mid afternoon on my day off and decided to drive to the local shop for more drink before I drank any more. My MOT had elapsed by 2 days (which I didn't realise) and I was stopped by a police traffic car about 50 yards from my front door on the way back from the shop.

Blood Alcohol Level and Reading Type:
Breath - 33 (unlike in England, the legal limit in Scotland is 22)

Mitigating Factors:
Full cooperation with police, reading was low and would've been considered under the limit had I been stopped a year or so earlier before they lowered it. I had also started attending AA meetings after the incident but before the court date, so I was trying to do something about my alcoholism.

Aggravating Factors:
Second offence inside 10 years

Legal Representation at Court?:
Yes - duty solicitor

Sentence:
3 years, £500 fine

Offered the Drink Driving Rehabilitation Course?:
No. Solicitor told me that asking for a rehab course would piss off that particular judge and may lead to a longer sentence.

Sentence Comments:
Can't complain. Judge told me he was giving me just about the lowest possible sentence, which I didn't argue with.



Worth saying that things are now completely different for me. I've achieved sobriety after many years of self destruction and denial. I've been sober for more than 2 and a half years and got my 1 year licence back yesterday. Hopefully this is the start of a new chapter and I can close the book on the last decade, which quite frankly has been shite.
Don’t look back, it’s gone. I had a lower reading, no accident, first offence and it’s been nearly 3 weeks since this happened. I just wish I will have a judge as empathetic as yours. Take care
 

C8720

Well-known member
After an argument with my ex I left the house in my car, drove for about 15 minutes then decided to turn back home as I realised I was being stupid. As I turned to go home my clutch went (on a brand new car) I was stationary at a road about and then the police pulled up next to me to help me. They asked me if I had been drinking and I said yes. I think I blew 86 at the road side. It was a very traumatic day for me, I had to spend the night in the cell.

Aggravating factors: the police said I tried to drive away from the scene.

breath at station: 75
Court: I was lucky enough to get legal aid for a solicitor and I’m really glad I did as she really helped keep me calm on the day. I also had four character references that the judge referred to on a few occasions. The judge said he believed I was a good egg who had made a mistake. I should have been given a ban between 17-22 months but he went outside the guidelines and gave me 16 month ban reduced to 12 months with the course. I also got a £400 fine. I get my licence back in 12 days :)
 

Jo88

Active member
After an argument with my ex I left the house in my car, drove for about 15 minutes then decided to turn back home as I realised I was being stupid. As I turned to go home my clutch went (on a brand new car) I was stationary at a road about and then the police pulled up next to me to help me. They asked me if I had been drinking and I said yes. I think I blew 86 at the road side. It was a very traumatic day for me, I had to spend the night in the cell.

Aggravating factors: the police said I tried to drive away from the scene.

breath at station: 75
Court: I was lucky enough to get legal aid for a solicitor and I’m really glad I did as she really helped keep me calm on the day. I also had four character references that the judge referred to on a few occasions. The judge said he believed I was a good egg who had made a mistake. I should have been given a ban between 17-22 months but he went outside the guidelines and gave me 16 month ban reduced to 12 months with the course. I also got a £400 fine. I get my licence back in 12 days :)
You were extremly lucky. I hope they will see me the same. I did something similar, but blew 112 and not tried to run from the scene.
 

C8720

Well-known member
You were extremly lucky. I hope they will see me the same. I did something similar, but blew 112 and not tried to run from the scene.
I know I do feel lucky with that but lesson well and truly learnt. The whole situation has been so embarrasing especially as I could of lost my job over it.
 

Jo88

Active member
I know I do feel lucky with that but lesson well and truly learnt. The whole situation has been so embarrasing especially as I could of lost my job over it.
What do you do for living. I informed my work since day 1 and they will allow me to work from home whilst disqualified so I am lucky because they know me , and know this has nothing to do with who I really am
 

C8720

Well-known member
What do you do for living. I informed my work since day 1 and they will allow me to work from home whilst disqualified so I am lucky because they know me , and know this has nothing to do with who I really am
I’m a social worker
 
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Are they still having you despite being convicted? Thats fantastic:)
I’m a Civil Servant and still kept my job too, despite being convicted. More often than not as long as you’re open and honest with your employer and of course don’t drive for a living, they do give you the benefit of the doubt. My employer stated my driving ban and criminal record is a punishment in itself and would not punish me further for it. ☺️
 

Jo88

Active member
Yes I have worked there for 13 years, luckily I had a really supportive manager. Was so stressful at the time I thought they would sack me
Same here. Not being convicted yet, but they even offered me counselling. And yes, my managers are very supportive too.
 
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