Reducing the ban..

Convicted Driver Insurance

Jason vick

New Member
Hi..
Wondered if anyone has any advice...
I was detained/arrested yesterday, 28/02/21 at my local recycling centre where I supposedly bumped the car in front whilst parallel parking.
A woman got out of the passenger seat shouting and screaming then I think she started crying and then called the police.
A man got out of the driver's seat and proceeded to say " he's drunk ".
A worker there asked me to stay in my car.
I had consumed two small cans of beer and a large vodka approximately 2-3 hours before whilst gardening in sun around lunchtime.
The police appeared within ten minutes and asked me to sit in the back of their car and perform an alcohol sample which I failed at 73!

Ok...to my point..
At no point was I offered any PPE, I was not asked if I use or need any medication.
My ventolin inhaler was left in the door pocket of my car. I should have asked for it, my mistake.
I'm classed as a vunerable person with COPD.

After arriving at the police station and spending around 2 hours in a cell I had a mild asthma attack.
A nurse was called who gave me an inhaler but only allowed me to take 3 puffs.
They had found my predisalone tables in my wallet so knew that I was potentially an asthmatic.
After an hour or so an officer came into my cell and asked if I was ready to be interviewed. And make a joke about my earlier performance!

At no point, even after asking, was I offered to make a phonecall...
To my wife to tell her what was going on..

I requested legal representation, a lawyer joined the interview and advised me to say "no comment" to everything after my personal details.
Which I did.
Hopefully that was the right thing to do..?
Towards the end of the interview I was asked I wanted to say anything to which I asked if a ban is reduced for essential/key workers as I work in the merchant navy.
The lawyer said that is not necessary at this time.

It may seem like I'm crying wolf but yes, along with most of the other posts on this site, I'm deeply regretful, stressed, embarrassed etc..

I'd just like to know if any of what I've just said has any sway on reducing my ban and if it's advisable to say in court. The fine and points I can cope with but a ban would be detrimental.

Please, can anyone help??
 
Jason vick said:
Hi..
Wondered if anyone has any advice...
I was detained/arrested yesterday, 28/02/21 at my local recycling centre where I supposedly bumped the car in front whilst parallel parking.
A woman got out of the passenger seat shouting and screaming then I think she started crying and then called the police.
A man got out of the driver's seat and proceeded to say " he's drunk ".
A worker there asked me to stay in my car.
I had consumed two small cans of beer and a large vodka approximately 2-3 hours before whilst gardening in sun around lunchtime.
The police appeared within ten minutes and asked me to sit in the back of their car and perform an alcohol sample which I failed at 73!

Ok...to my point..
At no point was I offered any PPE, I was not asked if I use or need any medication.
My ventolin inhaler was left in the door pocket of my car. I should have asked for it, my mistake.
I'm classed as a vunerable person with COPD.

After arriving at the police station and spending around 2 hours in a cell I had a mild asthma attack.
A nurse was called who gave me an inhaler but only allowed me to take 3 puffs.
They had found my predisalone tables in my wallet so knew that I was potentially an asthmatic.
After an hour or so an officer came into my cell and asked if I was ready to be interviewed. And make a joke about my earlier performance!

At no point, even after asking, was I offered to make a phonecall...
To my wife to tell her what was going on..

I requested legal representation, a lawyer joined the interview and advised me to say "no comment" to everything after my personal details.
Which I did.
Hopefully that was the right thing to do..?
Towards the end of the interview I was asked I wanted to say anything to which I asked if a ban is reduced for essential/key workers as I work in the merchant navy.
The lawyer said that is not necessary at this time.

It may seem like I'm crying wolf but yes, along with most of the other posts on this site, I'm deeply regretful, stressed, embarrassed etc..

I'd just like to know if any of what I've just said has any sway on reducing my ban and if it's advisable to say in court. The fine and points I can cope with but a ban would be detrimental.

Please, can anyone help??
Click to expand...
Seems like the correct procedure was carried out, if you needed the medication from the car you should have asked for it. Bans are not reduced for key workers, everyone is a key worker and everyone is treated the same, and even surgeons are not allowed to drink and drive.

You WILL be banned, the penalty calculator says that if this is your first offense, your ban will be between 17 - 22 months. You can ask in court to be given the drink drivers course which will reduce your ban by 25% if you carry it out in the correct timeframe.
 
BigTom said:
Seems like the correct procedure was carried out, if you needed the medication from the car you should have asked for it. Bans are not reduced for key workers, everyone is a key worker and everyone is treated the same, and even surgeons are not allowed to drink and drive.

You WILL be banned, the penalty calculator says that if this is your first offense, your ban will be between 17 - 22 months. You can ask in court to be given the drink drivers course which will reduce your ban by 25% if you carry it out in the correct timeframe.
Click to expand...
Ok thanks for that..
What do you mean by "in the correct timeframe"?
With regards to the course.
 
Jason vick said:
Ok thanks for that..
What do you mean by "in the correct timeframe"?
With regards to the course.
Click to expand...
You have a certain timeframe to complete the course, and the course is usually 2 or 3 days usually over a couple of weeks. If you don't attend all of the classes, or if you are kicked off for any reason, you may forfeit the ability to obtain the reduction in the ban. You have to be offered the course at the court hearing, you can't ask for it after the hearing.
 
BigTom said:
You have a certain timeframe to complete the course, and the course is usually 2 or 3 days usually over a couple of weeks. If you don't attend all of the classes, or if you are kicked off for any reason, you may forfeit the ability to obtain the reduction in the ban. You have to be offered the course at the court hearing, you can't ask for it after the hearing.
Click to expand...

Jason vick said:
Hi..
Wondered if anyone has any advice...
I was detained/arrested yesterday, 28/02/21 at my local recycling centre where I supposedly bumped the car in front whilst parallel parking.
A woman got out of the passenger seat shouting and screaming then I think she started crying and then called the police.
A man got out of the driver's seat and proceeded to say " he's drunk ".
A worker there asked me to stay in my car.
I had consumed two small cans of beer and a large vodka approximately 2-3 hours before whilst gardening in sun around lunchtime.
The police appeared within ten minutes and asked me to sit in the back of their car and perform an alcohol sample which I failed at 73!

Ok...to my point..
At no point was I offered any PPE, I was not asked if I use or need any medication.
My ventolin inhaler was left in the door pocket of my car. I should have asked for it, my mistake.
I'm classed as a vunerable person with COPD.

After arriving at the police station and spending around 2 hours in a cell I had a mild asthma attack.
A nurse was called who gave me an inhaler but only allowed me to take 3 puffs.
They had found my predisalone tables in my wallet so knew that I was potentially an asthmatic.
After an hour or so an officer came into my cell and asked if I was ready to be interviewed. And make a joke about my earlier performance!

At no point, even after asking, was I offered to make a phonecall...
To my wife to tell her what was going on..

I requested legal representation, a lawyer joined the interview and advised me to say "no comment" to everything after my personal details.
Which I did.
Hopefully that was the right thing to do..?
Towards the end of the interview I was asked I wanted to say anything to which I asked if a ban is reduced for essential/key workers as I work in the merchant navy.
The lawyer said that is not necessary at this time.

It may seem like I'm crying wolf but yes, along with most of the other posts on this site, I'm deeply regretful, stressed, embarrassed etc..

I'd just like to know if any of what I've just said has any sway on reducing my ban and if it's advisable to say in court. The fine and points I can cope with but a ban would be detrimental.

Please, can anyone help??
Click to expand...
Would you suggest taking legal representation in court?
I think my case is fairly straightforward.
Would a lawyer be beneficial in anyway?
 
Jason vick said:
Would you suggest taking legal representation in court?
I think my case is fairly straightforward.
Would a lawyer be beneficial in anyway?
Click to expand...
There is no reason to take a solicitor, however some people find it less stressful for a solicitor to speak for them. A solicitor may put a better mitigation across to hopefully get the lower end of the sentencing bracket, however you should only pay around £300 ish. Don't fall for the 'specialist' solicitors who tell you to plead not guilty and promise to get you off, they go on a fishing trip to try and find some errors in the police procedure, generally they fail and on your day in court they suggest you plead guilty. They charge £1,000's in some cases and generally you find your sentence is higher than it would have been if you had pled guilty, and the costs for the court and any fines will generally be higher.
 
BigTom said:
There is no reason to take a solicitor, however some people find it less stressful for a solicitor to speak for them. A solicitor may put a better mitigation across to hopefully get the lower end of the sentencing bracket, however you should only pay around £300 ish. Don't fall for the 'specialist' solicitors who tell you to plead not guilty and promise to get you off, they go on a fishing trip to try and find some errors in the police procedure, generally they fail and on your day in court they suggest you plead guilty. They charge £1,000's in some cases and generally you find your sentence is higher than it would have been if you had pled guilty, and the costs for the court and any fines will generally be higher.
Click to expand...
I thought as much..

I read somewhere on this site that recieving the initial letter to appear in court can take anywhere between two weeks and two years, due to covid backlog.
I live in Dorset UK.
I don't know if that county has a fast procedure...?
 
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