What conviction is my brother likely to get?

[beak]

Hi,

My brother was caught drink driving a few days ago, driving a van that was not taxed, insured or mot'd. He was about twice the legal limit. He has two previous d/d convictions from the late 90's and 2003. I'm wondering what kind of sentence he could expect and how much the previous convictions will influence the sentencing.

Any help really appreciated.

 

[Forum Moderator]

Hi,

My brother was caught drink driving a few days ago, driving a van that was not taxed, insured or mot'd. He was about twice the legal limit. He has two previous d/d convictions from the late 90's and 2003. I'm wondering what kind of sentence he could expect and how much the previous convictions will influence the sentencing.

Any help really appreciated.

Upon a second conviction of driving with excess alcohol within 10 years of a previous conviction sentencing guidelines suggest a minimum driving disqualification of at least 36 months.

The exact sentence imposed will largely depend on the precise level of alcohol in your brothers system at the time of the offence. For a breath reading anywhere between 60 - 89 sentencing guidelines suggest a band c fine a driving disqualification of between 36 and 46 months. Your brother will fall into this sentencing bracket if he was approximately twice the legal limit. Magistrates can deviate from guidelines depending on the aggravating and mitigating factors of each individual case. The fact that the vehicle was not taxed, insured and had no MOT will be classed as aggravating factors that can only go towards increasing any sentence imposed.

Your brother will also be classed as a high risk offender as it will be his second conviction within 10 years. This means he will have to satisfy the DVLA of his fitness to drive by attending a DVLA medical before his driving licence will be returned to him at any point in the future.

 

[beak]

Thanks for the answer that was very helpful. I was concerned as this was his third offence a custodial sentence might be considered but you don't suggest that would be the case.

Much appreciated