Short Distance Driven

Scottish94

New member
Brief Description of Offence:
I had been drinking all day (since 7am). I had left my car a the pub at 7am and was away on a day trip. Upon returning later around 11pm, I went to move my car across the road (no more than a distance of 10-20 feet). The police watched me do this and apprehended me as I was getting out of the car having parked again.

Blood Alcohol Level and Reading Type:
Breath 107. I'm scottish so this is near 5x the limit unfortunately, which I understand is a very high reading.

Mitigating Factors:
Clean driving record, zero criminal convictions at all. Never been involved with the law. Distance driven was very short. I can't really remember much at all but think I was generally co operative.

Aggravating Factors:
None bar the high reading.


Does anyone know roughly what sort of punishment I should be expecting? Would I have any chance of special circumstances due to the short distance driven at all? I'm meeting with my solicitor on Wednesday. Obviously he'll be able to give me a guideline but I'm very worried so just looking to try and find out roughly. My reading was high which puts me at risk of a very lengthy ban, however I'm hoping to not get a big ban due to the distance driven, or ideally no ban and a large fine + points.

Thanks for all your help.

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grice96

Well-known member
If this is your first offence you will find yourself in the second highest sentencing bracket with a breath reading of 107ug. This carries a ban of 23-28 months with a low-high level community order rather than a fine. Unfortunately the distance driven is not a factor which will be considered, once you drive the car at all you would have been charged with DR10- driving or attempting to drive with a blood alcohol level above the allowable limit. With the police having witnessed you driving the car there can't be an arguement made that you weren't going to drive it.

After conviction you will be considered a HRO due to your breath reading being above 87.5ug. What this means is that when you reapply for your licence you must satisfy the DVLA that you are fit to drive. You must take a mandatory medical arranged by the DVLA before they will be able to issue your licence back to you. Make sure to instruct your solicitor to ask for the drink driving rehabilitation course on the day in court as completion of this course will reduce your ban by up to 25%.
 
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price1367

TTC Group
It can amount to special circumstances to not disqualify (NOT a defence to the actual offence) if you only drove a very short distance. If you are correct about the distance you drove, and had already finished your travel, then this would fall into the ‘short distance’ category.
This is only a part of the defence, however, the court will also take into account WHY you moved your vehicle (to avoid a parking charge in the morning is not a vey good reason) the time of day and the number of people about who could have been put at risk by even a small distance driven. These factors, plus the distance are considered when special reasons to not disqualify are presented.
 

Scottish94

New member
Sentenced today. 16 months down to 12 with the course and a 700 fine. Not too bad. Bare minimum I guess given my reading.
 

price1367

TTC Group
Not a bad result for you. When I said 23-28 months, I hadn’t clocked that you said you were in Scotland. Those guidelines do not apply there, and the limit is lower.

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