Will the 8 years 2 months make a difference in my sentence

[nodding dog]

I was stopped the other morning at a static police check (16/06/09) around 08:20 and breathalysed and failed. I was taken to the police station were I blew a reading of 59ug on both tests (there was only about 4 minutes between the 2 tests). I was cooperative at the roadside with the officer and remained pleasant and cooperative throughout the processing at the station. However, I have previous conviction from 10/04/01 and from what I've read this should be an automatic 3 year ban plus fine but I was wondering if the fact that it's been over 8 years since the last conviction will hold any sway with the magistrates. Also from what I've read on some of the posts here that my behaviour with the police may also go in my favour. Any ideas?

 

[Forum Moderator]

I was stopped the other morning at a static police check (16/06/09) around 08:20 and breathalysed and failed. I was taken to the police station were I blew a reading of 59ug on both tests (there was only about 4 minutes between the 2 tests). I was cooperative at the roadside with the officer and remained pleasant and cooperative throughout the processing at the station. However, I have previous conviction from 10/04/01 and from what I've read this should be an automatic 3 year ban plus fine but I was wondering if the fact that it's been over 8 years since the last conviction will hold any sway with the magistrates. Also from what I've read on some of the posts here that my behaviour with the police may also go in my favour. Any ideas?

As it is your second offence within 10 years you will automatically receive a mandatory minimum 3 year disqualification. You will also be classed as a high risk offender and will be required to take and pass a DVLA medical before your driving licence is returned. The fact that it has been over 8 years will not make a difference to this. You may also be given the opportunity to take the drink driving rehabilitation course which can reduce your disqualification period by up to 25%.

For a second offence within 10 years and a breath reading of 59 guidelines suggest a disqualification period of between 36 - 40 months and a fine.

 

[HJA_driving advice]

The fact that you have a previous conviction for drink driving 8 years ago will make no difference. However, I suggest that you seek advice from a solicitor asap.

Hodge Jones & Allen solicitors in London have a vast amount of expereicne and expertise in this area and maybe able to help you with your case.

Hope this is helpful.