Help! How Long Will I be Banned

Convicted Driver Insurance

Double

New Member
Hi, on Monday 22nd December 2008 I called to the pub after work at 4pm, and had three pints of lager. I left the pub at 6pm and was immediately followed by a police motorbike. Approximately half a mile down the road he put on his blue flashing lights and I pulled over.
He asked if i had been drinking and i replied that i had just had three pints, literally minutes ago. He called for an un-marked police car, and I was asked to give a sample of breath in the back of the car. To my astonishment I blew 95mg in the back of his car. I was arrested and immediately taken to the local police station, where i gave two more samples of breath, the first was 48mg and the second 49.
I was then offered a blood test which i gladly accepted. I was bailed from the police station, after only 1hr! and told to return on the 10th February 2009. All through this incident I felt completely sober at all times.
When I returned to the police station on the 10th February 2009, i was arrested and told my blood level had come back at 106ml.
I have now been bailed to appear at the magistrates court on the 11th March 2009. I intend to plead guilty straight away and get dealt with on the day if possible.
I currently have 6 points on my licence for two sp30's and i was convicted of drink driving when i was 17 in 1983.
Will the previous DD offence be mentioned in court, as it is now almost 26 years ago?
Will the current points have an effect on the length of ban?
What length of ban should I expect?
Do i need to get a solicitor?

Thank You.
Will I be offered the rehabilitation course?
 
The high reading you gave at the road side is probably due to the fact that you had only recently finished your last drink. I note that it dropped significantly by the time you gave the two evidential samples at the police station.
Your previous drink driving offence was spent after 11 years and, whilst it will probably still appear on your record, most prosecutors would not refer to it in court because it was such a long time ago and for all intents and purposes is irrelevant.
The court will be told about the current penalty points on your licence but these will not affect the length of ban.
The current Magistrates Courts sentencing guidelines suggest a disqualification of between 12 and 17 months should apply in your case. The precise length of ban will depend on any aggravating factors that the court are told about and any mitigation put forward on your behalf. Arranging quality legal representation in court will ensure that you get the shortest ban possible in the circumstances and could make a real difference to the final result. For example, the court may be persuaded to impose the statutory minimum 12 month ban and to refer you to the drink drive rehabilitation course for a further 25% discount. This could mean you are able to get your licence back after 9 months, rather than waiting 17 months on a worse case scenario.
A lawyer specialising in this type of work would also be able to give you advice about the cogency of the prosecution case and tell you whether the police have followed the correct procedures or not at the police station. A solicitor will check that the machine has self calibrated correctly and that you were given appropriate statutory warnings during the procedure. A failure by the police can sometimes enable a good lawyer to persuade the court to disregard vital parts of the prosecution case resulting in the case being thrown out. You should make arrangements for legal representation as far in advance of your court date as possible. It can often be secured for a fixed fee so that you know where you stand
 
Sean,

Thanks for the response. But what should I do next?
What kind of fee am I looking at?
By the way I am based in Chester.

Thanks,
 
It is probably easier if you contact us by telephone in order to discuss your options further and fees.

My direct dial is 01942 774179.

I look forward to hearing from you.
 
Been to court today. Julie from Stephensons represented me, got a 12month ban, reduced to 9month if I complete the rehabilitation course, with a £375 fine.
Best result I could of asked for.

Thanks Julie.
 
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