Possible Custodial Sentence ????

Convicted Driver Insurance
Could I ask for some advice relating to two drink driving episodes?

The first was in March of this year with a breath test result of 91. The person drove but was luckily prevented from driving further with children in the car and was near a school.

The second time was this month while on Police bail as the first offence had not made its way to court yet.

Again at a school at a busy time, with evidence of poor driving and a breath test of 99.

Given that there have been two episodes within four months what would the likely ban be? would it be three years or would it be longer or would a prison sentence be possible?

There are no previous convictions and this occurred in England if that makes a difference.

Thanks your advice
 

grice96

Well-known member
Could I ask for some advice relating to two drink driving episodes?

The first was in March of this year with a breath test result of 91. The person drove but was luckily prevented from driving further with children in the car and was near a school.

The second time was this month while on Police bail as the first offence had not made its way to court yet.

Again at a school at a busy time, with evidence of poor driving and a breath test of 99.

Given that there have been two episodes within four months what would the likely ban be? would it be three years or would it be longer or would a prison sentence be possible?

There are no previous convictions and this occurred in England if that makes a difference.

Thanks your advice

These breath readings alone are not within the scale for imposing a custodial sentence. The fact the driver on both occasions was on a school run and in the vicinity of a school will not bode well for the sentencing, the guidelines state for 2 offences blowing between 90-119 in breath that a low-high level community order must be imposed as well as a 36-52 month ban. Three years is the minimum ban that can be imposed, given that this driver was first of all on a school run with a child in the car and secondly being at a school again at a busy time the minimum ban will not be imposed.

This driver is likely to find themselves at the top end of the sentencing guidelines. They can request the drink driving awareness course in court which will reduce the ban by up to 25%. Make sure to ask for the course, it likely will not just be offered. I would be instructing a local solicitor to appear at court with the driver as this is the sort of case I would want legal representation for myself. A loyal solicitor will be in the range of £2-450, a drink driving specialist is not required for this sort of case.
 
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