Second offence in charge of a vehicle

Convicted Driver Insurance

rambo1011

Member
Hi all,
I am new to this and hoping to get some information. I was done for drink driving ban in August 2016 where i blew 70. Got banned for 18 months but it was reduced to 13by doing DDC.

Unfortunately last week i did something really stupid, i was parked on a public road, standing out of the car for a bit but then i sat back down at the drivers seat.
As i was sitting back in my car, i saw the police car pulling up and then being approached by the officer who breathalyzed me and i blew 99.
I been parked up and drinking with my mates but i wasn't driving or had my keys in the ignition.

They took me to police station where i blew 94 on breath sample.

In the morning they did my interview and charged me with "in charge of a motor vehicle" after consuming alcohol.

My court is next month but i do have alot of questions and hoping someone can help me.

I have been reading stuff online, not sure if get a fine only and 10 points or do i get another disqualification. If i do then how long for?

Also would this add me to HFO list.

I can deal with points on my licence and a fine but not really wanting another disqualification.
I have spoken to my solicitor who said you might get disqualification for up to 2 years. But i wont be added to HFO list as the first one was drink driving but this time i been in charge of a motor vehicle where i wasnt driving and it was parked up

Also i blew 94 where i wasn't driving so i should be ok.
Can anyone tell me please whats likely to happen, i been looking online nonstop and i am getting more and more confused.

Thank you all in advance
 
Hi,
I believe yes you will be classed as HRO according to the HRO below classification, point 4. Being in charge of a vehicle with alcohol concentration exceeding the legal limit (DR40)
High Risk Offender Classification
High risk offenders are drivers who are convicted of repeated and/or serious drink driving offences.

High Risk Offenders are Drivers who:

  1. Have been disqualified by order of a court upon conviction for either:
  2. Have been disqualified by order of a court for failing, without reasonable excuse, to provide a specimen for analysis when ordered to do so while either:
  3. Have been disqualified by order of a court for failing, without reasonable excuse, to give permission for a laboratory test of a specimen of blood taken while that person was incapable of consenting to such a specimen being taken.
  4. Have been disqualified by order of a court on two or more occasions within a period of 10 years for any of the following offences:
As for sentencing, you will fall in the below category and you may also receive the maximum sentence (i.e. disqualification up to 6 months) since you have a previous drink driving conviction



90 - 119 (breadth)207 - 275 (blood)275 - 366 (urine)Band C Fine (starting pint)Band C Fine - Medium level community order (Range)Consider disqualification up to 6 months or 10 points (disqualification/points)
 
Ok, were they classed as HRO and what did they blew second time around
From what I remember, yes he was an HRO as the 'In charge' was classed as a 'relevant' offence but he was not automatically banned for 3 years as wasn't classed as 2 DD's. Very confusing.....

I recall that he was took to court on a DR40 but his lawyer disputed the breath test as the procedure wasn't followed correctly. The CPS changed to a DR50 on the day of the case as no breath level is required, and he was found guilty of this.

Not sure if the longer ban was because of pleading not guilty and/or whether the magistrate was vexed that the Police had not followed procedure and had been caught out....
 
Oh ok, i think every case is different, this whole thing is very stressing. Some solicitors are saying i wont be classed as high risk offender and some are saying i will be
 
Thank you for the respond, so the highest i will be disqualified is for 6 months not more than that
Unfortunately not .. I had a previous DD and then had the same as you (drunk in charge ) but my charge was drink driving even though I wasn't so I wenr not guilty on a technicality .. so 2 day trial then then just changed the charge to drunk in charge and banned me for 4 years and blew way less than you ..
 
I think you got 4 years because you pleaded not guilty i guess and then they turned it into drink driving afterwards.i probably will go as guilty and minimise my risk of aa ban
 
I think you got 4 years because you pleaded not guilty i guess and then they turned it into drink driving afterwards.i probably will go as guilty and minimise my risk of aa ban
Yep they gave me a big ban because I went not guilty which was the correct plea as they charged me initially with drink driving and not drunk in charge
 
Unfortunately this is not necessarily the case. I am aware of somebody that had a DR10, and then 5 years later had a DR50. He was banned for 20 months on the second time.

Hi just wanted to ask something related to this point, did you friend pleaded not guilty for being in charge and then got 20 months, just curious to know the whole thing please

Thank you
 
Hi just wanted to ask something related to this point, did you friend pleaded not guilty for being in charge and then got 20 months, just curious to know the whole thing please

Thank you
As I mentioned, I think he pled not guilty to "In charge with excess alcohol" as there was a query on the breath test procedure. The CPS then changed the charge on the day in court to "In charge whilst unfit through drink". I don't know whether there was an opportunity to change the plea, I just know he was found guilty and was banned for 20 months, the magistrate did not offer the course to reduce ban either. From what I understand, his lawyer had made him believe that if he was found guilty he would get 10 points or at worst case a ban of up to 6 months.....
 
Oh ok, i think if he pleaded guilty then probably got what his solicitor said to him however if you plead no guilty then the outcome might be different. I have read somewhere that the court can change the charge into drink driving if you were to be found guilty after pleaded no guilty.
 
Enter code DRINKDRIVING10 during checkout for 10% off
Top