Think I may be going to prison..

Convicted Driver Insurance

Pinkesh

Member
I blew 129. It is my second time in 3.5 years.

Case is adjourned for 3 weeks time.

I know I have a problem, it's too late but I am seeking help to stop me using alcohol to forget about my life.

I've no excuses for this and I know I will probably get over 36 months ban and more.

I would like to ask if anyone has been to prison or knows anyone who has and what was their situation.
I am horrified at even the thought of prison more especially what it will do to my family..
 
Pinkesh said:
I blew 129. It is my second time in 3.5 years.

Case is adjourned for 3 weeks time.

I know I have a problem, it's too late but I am seeking help to stop me using alcohol to forget about my life.

I've no excuses for this and I know I will probably get over 36 months ban and more.

I would like to ask if anyone has been to prison or knows anyone who has and what was their situation.
I am horrified at even the thought of prison more especially what it will do to my family..
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Pinkesh

Welcome to the forum.

I cannot say hand on heart you will not be going to prison, but I can say confidently it is unlikely.

Can I ask - were you just stopped and detained or was there a serious collision?

I have been banned just the once and I blew 115 & 113 - therefore making me a High Risk Offender (HRO) and being unlucky enough to get slapped with 100 hours community service (CS).

During my CS, I met a lady also on CS who was on her second drink driving ban. She had some serious alcohol issues and in my view wasn't well enough at the time to do her CS. The point I'm making is - she crashed her car after downing a bottle of vodka! I'm sure she said she was at least four times the drink driving limit and her previous ban ended only the year before. She was banned for 54 months and was given a 24 week prison sentence that was suspended for 18 months - so thankfully no jail time!

You will be looking at a lengthy ban - given your high reading, I would hazard a guess you will be looking at a minimum of four years off the road (it's a mandatory minimum 36 month ban for anyone caught twice in 11 years). You will be an automatic High Risk Offender, if you are not a HRO first time around.

The Magistrates will refer you to probation for a pre-sentence report where the likelihood is you will either get community service or a home detention curfew for X number of weeks. The bench may make an additional referral for a alcohol treatment programme where you attend a course for help and support with your drinking.

The prison question is one that tends to reflect on any aggravating factors. If the drink driving offence involves a pedestrian getting seriously hurt or injured then this increases the gravity factor when Magistrates consult their sentencing guidelines. In most cases, second time drink drivers don't get custodial sentences unless something very serious has happened.

I do wish you all the best. I am not an expert and I cannot say what the outcome will be but I have been unlucky enough to find myself arrested for drink driving with a high reading (just the once though!), so I do appreciate how much of an anxious time it is for you.

CJ
 
Thanks for your reply CJ. It really is really hard waiting and wondering the outcome, I was not involved in an accident which is one positive huge wake up call that no-one was hurt which I keep telling myself and almost makes me feel a bit better.

I appreciate you commenting and sharing your experience, I was already feeling so down about my life before this happened. Now I cant sleep and don't even want to eat..

This forum has already helped even though I've not had many replies, it helps so much being able to talk to someone, as I am so ashamed I can't bring myself to tell even my closest friends,

I just wish I had more information i was taken to court from the station and had a duty solicitor but never got any paper work when I left except a slip telling me case adjourned till sept 10. This is the reason I have had to ask these questions.

Thanks again CJ
 
Hi, try not to worry to much I know how hard it is, I’ve been caught twice in the space of a year and the second time I got caught I was already disqualified for drink driving. I blew 109 on my second offence so it was a pretty high reading too, prison wasn’t mentioned for me nor was a suspended sentence, I got a 3 year ban, have to wear an alcohol tag for 80 days. And I got 10 RAR days with probation. Your mind is probably doing overtime right now but try not to panic to much, I can’t see you going to prison. X
 
Pinkesh

What I would do between now and the court appearance is write a letter of a apology to the Magistrates. Do not try to defend what you have done, but at least try and add some explanation about your drinking troubles. You can hand the letter to the Court Clerk on the day of your court appearance.

Because of your high reading and your second drink driving offence in less than five years, you will fall into the probation category - you will be referred to the court probation officer. The court will adjourn so you can have a private interview with him/her in a side room. What I would suggest is deciding on your punishment before then.

I opted for community service. I was lucky as I avoided the dreaded 'chain gang' where you go out each morning on the fun bus with prolific thieves and violent people. Alot of drink drivers get placements in charity shops or community centres, where you are surrounded by good decent people.

Community service is (or was managed) by external community payback companies - in my case it was 'Interserve'. You need to ensure you play by their rules - if you are given times at a CS placement, ensure you arrive early and only leave when you have permission to do so. You get a 'score card' to keep abreast of your hours, which is signed up each day. Make sure you keep everything recorded on your card - ''if it ain't written down, it hasn't happened!''

Interserve are inept to say the least. If you do get CS, you will be assigned a case manager. Mine was useless - she accused me of breaching my CS twice which I hadn't! As I kept a record of my hours (which were signed up by the Community Centre Manager) I was bomb proof.

As I said, I had to do 100 hours at a local community centre which I quite enjoyed towards the end. If you do get CS - try and get your hours done as soon as possible. Once I was signed off, it was a massive relief to know I had one less thing to worry about.

Another option for court punishment is a home detention curfew which is done via electronic tagging. This can last for several weeks or months. Whether you opt for this as a punishment is down to your own circumstances as it means staying indoors between 7pm and 7am.

Unfortunately, home curfews are managed by moron companies like G4S or GeoAmey who are worst than Interserve. I know people have been arrested in the past because of faults on electronic equipment which states they have left the house (when they haven't). Another poor sod, was once arrested for smoking a cigarette on his doorstep - the argument was, he wasn't 'indoors'. I am not trying to frighten you but they are a couple of issues to be mindful of with home curfews.

I have never done the drug/alcohol programmes, but I am lead to believe they are like workshops or counselling sessions for people with additions. If you do get referred by the Magistrates to attend one of these - it is merely like going on a daytime course which last around ten days. I am not sure if you do all the days at once - you might do say ten days spread over several weeks, so you can make progress inbetween.

All of what I have mentioned is 'mandatory'. Therefore, you need to play ball and comply with everything. If you do commit a 'breach' on CS, the community payback company (good old Interserve) can refer you back to the Magistrates where there is a potential risk of a custodial sentence.

I am not trying to scare or frighten you in anyway. I hope I have at least advise you of what punishment to expect next month. As per my previous post - prison is unlikely, but you do need to be prepared for some kind of community based sentence.

Hopefully, with what I have explained might allow you to absorb what to be prepared for next month so it isn't like being being punched in the stomach on the day you are in the Magistrates Court.

With your driving licence - forgot about this. You are likely to be off the road for a considerable time, so I wouldn't even contemplate weighing up your DVLA medical or the 'whys & wherefores' of getting your licence back. This is a long time off in the distant future.

Good luck anyway.

CJ
 
Hi,

I agree with CJ. But if no injury/damage was caused. You will not be going to prison. I think you will have more chance of winning the lottery twice in a row than prison.

I hope that helps.

Regards,




Stu
 
Hi, I blew 139 as a first time offence and very regrettably caused an accident with another car on the road. I received 10 weeks suspended for 12 months plus 100 hours community service (which I actually really enjoyed).

This waiting is the hard bit. I ended up instructing my duty solicitor on legal aid. I don’t know if it made any difference to my case, but it made a massive difference to me having someone “on my side” if that makes sense.
 
I blew 120 a few years ago (2nd DD offence within 10yrs from the first). I got a 4 year driving ban, a 6 month community order, ( I didn't do community service, because I broke my ankle whilst playing sports before court date, I had to attend via a wheelchair) £300 fine. For me all this is now spent. (My court appointed lawyer at the time mentioned that you can start to make an application for driving after 2yrs, I didn't, I had other things on the go, not sure if that changed now, mention it to him/her if you get a lawyer). Hope this helps.
 
Pinkesh said:
I blew 129. It is my second time in 3.5 years.

Case is adjourned for 3 weeks time.

I know I have a problem, it's too late but I am seeking help to stop me using alcohol to forget about my life.

I've no excuses for this and I know I will probably get over 36 months ban and more.

I would like to ask if anyone has been to prison or knows anyone who has and what was their situation.
I am horrified at even the thought of prison more especially what it will do to my family..
Click to expand...
It is doubtful you will get a prison sentence.

This is normally only given in situations like yours where it is your 3rd offence in 10 years.

I blew 124 in April 2017. Received a 20 month ban, but didn't get my licence back until January 2019 (I delayed applying so I could stop drinking long enough to lower my CDT level.)

I was then caught again in July 2019 and banned for 27 months. I blew 96 that time. I was caught because someone reported me and the police turned up at my house a few hours later, carted me off to the station and breath tested me there.

No accidents luckily. In Scotland 129 is nearly 6 times the limit and about 4 times in England.

I have now been sober for over 2 years and last month my CDT reading (Medichecks Test,) was 0.20%.

I know everyone on here talks about obtaining character references and writing an apology to the court etc, but I appeared from custody the first time (caught on Friday, court on Monday,) so had no time to do any of this and I honestly don't know how much difference it makes. Just get a solicitor, plead guilty and be sure your solicitor asks for the Drink Driver Awareness course that will reduce your ban by 25%.

My offences were in Scotland and I know the sentencing regime is different up here, so I cannot comment about CS.

My fine was £400 on both occasions.

Good luck.
 
snk7 said:
I blew 120 a few years ago (2nd DD offence within 10yrs from the first). I got a 4 year driving ban, a 6 month community order, ( I didn't do community service, because I broke my ankle whilst playing sports before court date, I had to attend via a wheelchair) £300 fine. For me all this is now spent. (My court appointed lawyer at the time mentioned that you can start to make an application for driving after 2yrs, I didn't, I had other things on the go, not sure if that changed now, mention it to him/her if you get a lawyer). Hope this helps.
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Sorry to jump in, but what’s the difference between CS and community order 😅Thanks
 
Thank you guys so much for your replies and advice and comforting words. It means a lot to me and I may even get some sleep tonight..

On another note can anyone recommend a solicitor service in North London. Im really worried after reading many reviews on the internet that someone will take my money and not communicate with me much or hardly prepare for my case and just turn up on the court date and do pretty much what the duty solicitor did. I really want to be able to talk back and forth to them or meet a couple times before court. I don't expect free advice but I don't have thousands to pay especially if they won't work for it or send a contract solicitor( who may not even work for the firm) which I've also read about.

Thanks again everyone
 
Pinkesh said:
Thank you guys so much for your replies and advice and comforting words. It means a lot to me and I may even get some sleep tonight..

On another note can anyone recommend a solicitor service in North London. Im really worried after reading many reviews on the internet that someone will take my money and not communicate with me much or hardly prepare for my case and just turn up on the court date and do pretty much what the duty solicitor did. I really want to be able to talk back and forth to them or meet a couple times before court. I don't expect free advice but I don't have thousands to pay especially if they won't work for it or send a contract solicitor( who may not even work for the firm) which I've also read about.

Thanks again everyone
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Hi,

If pleading guilty it should not cost more than £300-£400 for representation. (As it seems you live in London. That is why it may cost more.)

Mitigation via letter (character ref's) and show remorse. Also dress smartly it does help. I was the only 1 with a shirt and tie on apart from the magistrates & solicitors.

Regards,




Stu
 
Jo88 said:
Sorry to jump in, but what’s the difference between CS and community order 😅Thanks
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Community service is 'working' as part of your punishment. It is sometimes referred to as community payback.

A community order is the document issued by the Magistrates that specifies what your punishment is. It can include the community service, as well as a curfew or a rehabilitation order.

stu12341234 said:
Hi,

I am guessing CPS. (Crown prosecution service).

Not CS.
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The CPS are basically the prosecution for the police. They were introduced in the mid 1980s at the same time as the Police & Criminal Evidence Act, to become the 'gatekeepers' for the police in making most charging decisions and guidance over investigatory practices.

CJ
 
MaryM123 said:
Hi, I blew 139 as a first time offence and very regrettably caused an accident with another car on the road. I received 10 weeks suspended for 12 months plus 100 hours community service (which I actually really enjoyed).

This waiting is the hard bit. I ended up instructing my duty solicitor on legal aid. I don’t know if it made any difference to my case, but it made a massive difference to me having someone “on my side” if that makes sense.
Click to expand...
That is almost identical to me except I blew 140!!

four year ban reduced to 3 for the course,
Suspended prison sentence and enjoyed community service in a charity shop.

got my licence back last week!
 
Afternoon

If you do get community service - ensure you push the community payback people to allocate you a decent placement in a charity shop or community centre.

The dreaded chain gangs are to be avoided where possible, and these are usually reserved for the real naughty people who are not appropriate candidates for working in environments like a charity shop.

One of the few advantages of the drink driving conviction is that it isn't a crime of maliciousness or dishonesty, so when being considered for community service, we tend to get the 'cushier' placements where we get to work with some decent people.

As I said previously in another post, I got into a nice routine with my placement in a community centre and I started to enjoy it towards the end.

CJ
 
C J 1980 said:
Afternoon

If you do get community service - ensure you push the community payback people to allocate you a decent placement in a charity shop or community centre.

The dreaded chain gangs are to be avoided where possible, and these are usually reserved for the real naughty people who are not appropriate candidates for working in environments like a charity shop.

One of the few advantages of the drink driving conviction is that it isn't a crime of maliciousness or dishonesty, so when being considered for community service, we tend to get the 'cushier' placements where we get to work with some decent people.

As I said previously in another post, I got into a nice routine with my placement in a community centre and I started to enjoy it towards the end.

CJ
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Community Payback is a most constructive activity, and the placement in this case is likely to be a charity shop or the like as you indicate . Many people who commit offences of dishonesty or worse, often engage really well with community payback too, and the service providers will do all they can to avoid any resemblance to “ chain gangs “.
 
Polly3 said:
Community Payback is a most constructive activity, and the placement in this case is likely to be a charity shop or the like as you indicate . Many people who commit offences of dishonesty or worse, often engage really well with community payback too, and the service providers will do all they can to avoid any resemblance to “ chain gangs “.
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Polly

When I did my own CS, I worked briefly with another lad on CS - let's call him Ben (not his real name).

Ben was a decent lad coming to the end of his CS - he had been convicted of benefit fraud by the DWP (the exact circumstances are his own affair). He disclosed to me he had been out on a 'fun bus' at the start of his CS with some others and two of the bus members decided to smoke cannabis during a tea break.

When the CS supervisor smelt the evidence - he threatened to breach the whole gang unless the culprits owned up (they didn't!). Understandably, Ben and the other people in the gang were reluctant to point out the culprits due to possible reprisals.

Ben fought his corner when challenged by his Case Manager and luckily he was re-allocated a placement at the community centre where I was working to complete his time.

My original post, was to emphasise that the community payback placements are generally risk assessed and most of us who fall into the drink driving club should be deemed worthy of placements in more 'suitable' environments.

The 'chain gang' placements can be fraut with problems as I have highlighted and sadly a small number of those assigned to CS don't want to address the error of their ways. Thankfully, those individuals don't get allocated placements at charity shops or community centres!

I am not stereotyping here - my own CS was a rewarding experience and I was able to keep my head down in a good environment around genuine people. Sadly, the 'fun bus' placements can sometimes present precarious situations for those who simply want to get on with their hours with the minimum of fuss.

CJ
 
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