Second offence

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
 

Martin Hammond

Solicitor
Good morning.

The key here is were you intending to drive. If you were not and you told them that then you can defend the case.

If you were then you will be pleading guilty but you are not looking at points as a starting level. Check out the Magistrates Sentencing Guidelines and you will see that the high reading definitely puts you at risk of a ban and potentially community punishment.

Hope this helps.
Martin Hammond.
 

rambo1011

Member
Good morning.

The key here is were you intending to drive. If you were not and you told them that then you can defend the case.

If you were then you will be pleading guilty but you are not looking at points as a starting level. Check out the Magistrates Sentencing Guidelines and you will see that the high reading definitely puts you at risk of a ban and potentially community punishment.

Hope this helps.
Martin Hammond.


Hi,

Many thanks for the reply.

I did say to them in my interview that i wasn't going to drive the car off as i was going to go to my friends house from there.

Also if i get ban, how long would this be for and would this put in HRO or i should be able to get my license back as normal from DVLA.

Thank you once again
 

rambo1011

Member
Thank you soo much. So even when i get a ban, i should be able to get my license back as normal through dvla
 

rambo1011

Member
Hi all,

I am still unsured if i would fall under HRO list or i won't
I have looked online to see if i fall under high risk offenders list and found this online

  1. You have been disqualified by order of a court for failing, without reasonable excuse, to provide a breath, blood or urine sample when required to do so; or
  2. You have been disqualified by order of a court for failing, without reasonable excuse, to give permission for a laboratory test to be carried out on a sample of blood that was taken when your were incapable of consenting; or
  3. You have been disqualified by order of a court on two or more occasions within a 10 year period under section 4 (driving or being in charge when under the influence of drink or drugs) or section 5 (driving or being in charge with alcohol concentration above the legal limit) of the Road Traffic Act 1988.
On the 3rd point it says in charge under the influence of drink or drugs.

This is my second offence within 10 years for being in charge of a motor vehicle and i blew 94.

So does that mean if i get disqualified then i would be classed as high risk offender or i wont be because this a different offence.
 

Forum Moderator

Staff member

Below is an excerpt from the guide to assessing fitness to drive for medical professionals produced by the DVLA.


Definition
The high risk offender scheme applies to drivers convicted of the following:
  • one disqualification for driving or being in charge of a vehicle when the level of alcohol in the body equalled or exceeded either one of these measures:
    • 87.5 mcg per 100 ml of breath
    • 200.0 mg per 100 ml of blood
    • 267.5 mg per 100 ml of urine
  • two disqualifications within the space of 10 years for drinking-driving or being in charge of a vehicle while under the influence of alcohol
  • one disqualification for refusing or failing to supply a specimen for alcohol analysis
  • one disqualification for refusing to give permission for a laboratory test of a specimen of blood for alcohol analysis
 

Martin Hammond

Solicitor
My opinion is that it does not. If I were in Court I would be using the following government guidance.


You’re a high risk offender if you:

  • were convicted of 2 drink driving offences within 10 years
  • were driving with an alcohol reading of at least 87.5 microgrammes of alcohol per 100 millilitres (ml) of breath, 200 milligrammes (mg) of alcohol per 100 ml of blood, or 267.5 mg of alcohol per 100 ml of urine
  • refused to give the police a sample of breath, blood or urine to test for alcohol
  • refused to allow a sample of your blood to be tested for alcohol (for example if it was taken when you were unconscious)
https://www.gov.uk/driving-disqualifications/disqualification-for-drink-driving

However I fully accept that these are both Government websites stating different things.
 

rambo1011

Member
Many thanks for the reply.

I am more confused if i do fall under high risk offender scheme.

As this is my second offence, being in charge of motor vehicle, what are my chances of actual being disqualified and for how long or would i get a big fine with 10 points along with community order
 

rambo1011

Member
Thank you. Is there any chance you could shed me some light to see what punishment i am looking to get according to the sentence guide please.

I been looking all over the place for an answer but i am not getting no where
 

Martin Hammond

Solicitor
The reason I cannot give you an answer other than to tell you to look at the guidelines, is that it depends on a number of factors and can change dramatically depending on the individual circumstances. Each case is assessed individually and what one person can get is not necessarily not what the next will get. The bench will start with the relevant guidelines and make a decision based on what is said in mitigation. I know it is not what you want to hear but lawyers who are willing to guess at what sentence a defendant will get without taking a full set of instructions will often be incorrect.
 

rambo1011

Member
Thats ok, i am just looking for a ruff indication to what i am likely to get so i am prepared for it, thats all
 

Martin Hammond

Solicitor
Yes I totally understand and I do sympathise. If the Magistrates go from the guidelines the lowest you will get is a fine and a potential ten points. The highest you are likely to get is a six months ban and medium level community order. The fact that this is not your first alcohol related offence is going to work strongly against you but don't forget that you are entitled to credit with your sentence of a third, for an early guilty plea. So whilst I'm not sure this makes it much clearer for you, these are the two extremes I believe you are looking at.

Also, it did not sit well with me the fact that the government site suggests two different things, so I have delved a little deeper into the actual law behind the Government information and I believe the difference as to whether you will be a HRO is the disqualification. If you receive 10 points, even at your level, you should not be a HRO. However, if you do receive a disqualification it puts you into the bracket. My apologies for the confusion but as you have discovered this point is very unclear from government guidance.

Also please consider defending the matter as you do have a defence that is worth running.

 
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