Worried mum re son caught drink driving

Convicted Driver Insurance
My 20 year old son was last weekend arrested for drink driving - he’d had 2 pints on a completely empty stomach so blew 50 - he is due to appear in court next Monday. What is likely to happen? - I’m assuming a ban, fine, points (and in his case because he is 3mths short of having his licence for 2 years then he’ll have to retake all his theory & practical test again?)
There is no defence as the facts speak for themselves but obviously I’m gutted as he will just be seen as a drink driver when in reality I can honestly say he isn’t - he hardly ever drinks let alone drinks and drives and why he did that night I’ll never know 😥 I just fear this one mistake will cost him so much when he’s actually a decent bloke who works for a living and only 9mths ago watched his stepdad collapse & die in front of him at home 😥
I feel he’s had no advice as to what will happen at court - he had no advice at the police station, just breathalysed & charged & told to appear in court next Monday - I’m going out of my mind with worry
 

Luna2000

Well-known member
I know it is not much comfort, but this is a much more common occurrence than you think.

The court process will be very quick, but I would advise you to get a lawyer/solicitor to plead mitigation. Do not pay any more than £300/£400 for this as he will obviously be pleading guilty.

He will be fined and banned, but make sure your lawyer ask the Magistrate to send him on a Drink Driver Awareness course. He will need to pay for this but it will reduce his ban by 25%. When I did the course, there were 3 people on it all around your sons age.

Unfortunately it will cost him and there is little he can do about that. Once he begins driving again, his premiums will be fairly high due to his age and the conviction. There may be jobs he is ineligible for and although the conviction will be spent 5 years after the date of conviction, it will still show up in an Enhanced Criminal Record check for safeguarding purposes.

However, he will get through it. Young people are very resilient, and I would hazard a guess you are more worried about the court date than he is.
 

topchippyles

Well-known member
My 20 year old son was last weekend arrested for drink driving - he’d had 2 pints on a completely empty stomach so blew 50 - he is due to appear in court next Monday. What is likely to happen? - I’m assuming a ban, fine, points (and in his case because he is 3mths short of having his licence for 2 years then he’ll have to retake all his theory & practical test again?)
There is no defence as the facts speak for themselves but obviously I’m gutted as he will just be seen as a drink driver when in reality I can honestly say he isn’t - he hardly ever drinks let alone drinks and drives and why he did that night I’ll never know 😥 I just fear this one mistake will cost him so much when he’s actually a decent bloke who works for a living and only 9mths ago watched his stepdad collapse & die in front of him at home 😥
I feel he’s had no advice as to what will happen at court - he had no advice at the police station, just breathalysed & charged & told to appear in court next Monday - I’m going out of my mind with worry
Spoken like a true mam who adores her son. One silly mistake is a very harsh lesson julie but the guys will explain the ins and outs for you.
 

abigailjay

Member
My 20 year old son was last weekend arrested for drink driving - he’d had 2 pints on a completely empty stomach so blew 50 - he is due to appear in court next Monday. What is likely to happen? - I’m assuming a ban, fine, points (and in his case because he is 3mths short of having his licence for 2 years then he’ll have to retake all his theory & practical test again?)
There is no defence as the facts speak for themselves but obviously I’m gutted as he will just be seen as a drink driver when in reality I can honestly say he isn’t - he hardly ever drinks let alone drinks and drives and why he did that night I’ll never know 😥 I just fear this one mistake will cost him so much when he’s actually a decent bloke who works for a living and only 9mths ago watched his stepdad collapse & die in front of him at home 😥
I feel he’s had no advice as to what will happen at court - he had no advice at the police station, just breathalysed & charged & told to appear in court next Monday - I’m going out of my mind with worry
Unless he already had points on his licence or has been charged with dangerous driving, he will not have to redo his test
 
I know it is not much comfort, but this is a much more common occurrence than you think.

The court process will be very quick, but I would advise you to get a lawyer/solicitor to plead mitigation. Do not pay any more than £300/£400 for this as he will obviously be pleading guilty.

He will be fined and banned, but make sure your lawyer ask the Magistrate to send him on a Drink Driver Awareness course. He will need to pay for this but it will reduce his ban by 25%. When I did the course, there were 3 people on it all around your sons age.

Unfortunately it will cost him and there is little he can do about that. Once he begins driving again, his premiums will be fairly high due to his age and the conviction. There may be jobs he is ineligible for and although the conviction will be spent 5 years after the date of conviction, it will still show up in an Enhanced Criminal Record check for safeguarding purposes.

However, he will get through it. Young people are very resilient, and I would hazard a guess you are more worried about the court date than he is.
Thanks for your response … I’m just hoping his current job won’t be in jeopardy, he doesn’t need to drive for it so hopefully it will be secure but nowadays you just don’t know 😥
When you say to get a lawyer/solicitor to plead mitigation how do I go about this and with the court case only a week away, is there time to get this sorted??? Also - worried about the cost involved 😥
 

abigailjay

Member
I believe he will due to the fact he’s had his full licence less than 2 years …. ?
The DVLA says this if the licence is cancelled (revoked) which is different from a disqualification. I had my licence less than 2 years before I was banned and haven't been ordered to retake my test.
With a reading of 50, he is looking at a 12-16 month ban, which can be reduced by 25% when a drink driving course is completed.
Hope this helps
 

Luna2000

Well-known member
Thanks for your response … I’m just hoping his current job won’t be in jeopardy, he doesn’t need to drive for it so hopefully it will be secure but nowadays you just don’t know 😥
When you say to get a lawyer/solicitor to plead mitigation how do I go about this and with the court case only a week away, is there time to get this sorted??? Also - worried about the cost involved 😥
I didn't see a solicitor until about an hour before my first trial.. The easiest way is to look for Criminal Defence Lawyers in your local town and either call one or go and see them. A lot of these lawyers actually have offices close to the court where the trial will be held. This will be a very straight forward case for them. It may seem like money for old rope as your son will be banned, but it will ensure he does not forget to ask for the Drink Driver Awareness course and will record an points in mitigation. Again, don't pay more than £300 - £400 for this.

Just to show how easy it is to drive while over the limit, my neighbours had a party last night that lasted until well after 1.00am where they had been drinking from 7.00pm. I saw one of them driving away this morning about 10.30, and unless they hadn't been drinking, they were likely over the limit given the time it takes to metabolise alcohol, even though they appeared fine and sober.
 

price1367

TTC Group
I believe he will due to the fact he’s had his full licence less than 2 years …. ?
The rules for new drivers is that they have to retake both theory and practical test if they get 6 points in the first 2 years, BUT drink driving carries a straight ban and NO points so that does not apply.
 

January

Well-known member
Just a point he may need to tell his employer
Check contract
But if he got into the local press or someone told his employer would it be better coming from him
Also for court they could be useful for a written character reference
 
Just a point he may need to tell his employer
Check contract
But if he got into the local press or someone told his employer would it be better coming from him
Also for court they could be useful for a written character reference
Yes he has done this as he needs to request the day off for court case anyway and didn’t want to lie - they are checking anonymously with HR as to whether they need to know or not as it wasn’t in work hours etc so hopefully all will be ok there - but thanks for mentioning it anyway
The rules for new drivers is that they have to retake both theory and practical test if they get 6 points in the first 2 years, BUT drink driving carries a straight ban and NO points so that does not apply.
Oh really - is that a fact? - I never knew that and just assumed a ban and points were handed out … that would be one saving grace if that were the case at least ….
 
I didn't see a solicitor until about an hour before my first trial.. The easiest way is to look for Criminal Defence Lawyers in your local town and either call one or go and see them. A lot of these lawyers actually have offices close to the court where the trial will be held. This will be a very straight forward case for them. It may seem like money for old rope as your son will be banned, but it will ensure he does not forget to ask for the Drink Driver Awareness course and will record an points in mitigation. Again, don't pay more than £300 - £400 for this.

Just to show how easy it is to drive while over the limit, my neighbours had a party last night that lasted until well after 1.00am where they had been drinking from 7.00pm. I saw one of them driving away this morning about 10.30, and unless they hadn't been drinking, they were likely over the limit given the time it takes to metabolise alcohol, even though they appeared fine and sober.
Ok thanks for this - we will look some up - I don’t suppose you know whether he will get points as well as a ban do you? Another follower of this thread said that he’ll get a straight ban but no points and obviously this makes a huge difference moving forwards in terms of retaking his theory & practical tests again as he is within his initial first 2 years of holding his full licence …
 

Luna2000

Well-known member
Ok thanks for this - we will look some up - I don’t suppose you know whether he will get points as well as a ban do you? Another follower of this thread said that he’ll get a straight ban but no points and obviously this makes a huge difference moving forwards in terms of retaking his theory & practical tests again as he is within his initial first 2 years of holding his full licence …
I cannot say for definite, but it is highly unlikely he will get points, just a ban.
 
I cannot say for definite, but it is highly unlikely he will get points, just a ban.
Thanks for all your help & advice - we’ve contacted a local law company who have requested his case notes from the arrest etc so at least I feel we will now have the professional help we need in court on the day as that was worrying me - I guess with regards to the points issue I can only hope he’ll get a fine and ban and allowed to take the drink drivers awareness course and be spared the points so that once the ban is over he can be allowed to start again - who knows 😥 they may look at his age and judge him harshly I feel
 

BigTom

Well-known member
Thanks for all your help & advice - we’ve contacted a local law company who have requested his case notes from the arrest etc so at least I feel we will now have the professional help we need in court on the day as that was worrying me - I guess with regards to the points issue I can only hope he’ll get a fine and ban and allowed to take the drink drivers awareness course and be spared the points so that once the ban is over he can be allowed to start again - who knows 😥 they may look at his age and judge him harshly I feel
Drink driving is a straight ban, there are no points issued.
 

price1367

TTC Group
Thanks for all your help & advice - we’ve contacted a local law company who have requested his case notes from the arrest etc so at least I feel we will now have the professional help we need in court on the day as that was worrying me - I guess with regards to the points issue I can only hope he’ll get a fine and ban and allowed to take the drink drivers awareness course and be spared the points so that once the ban is over he can be allowed to start again - who knows 😥 they may look at his age and judge him harshly I feel

I have already advised you that there are NO points on a licence from drink driving, it is just a straight ban.
The legislation says there is a minimum 12 months ban and does not show points at all. This is not an omission on their part, just that there are no points awards.
If you want to see confirmation of this for yourself, here is a quote from a leading defence solicitors website:

“Will I get penalty points for drink driving?

The short answer is no. Drink driving carries a mandatory minimum 12 month driving disqualification. If you plead guilty to drink driving, or if you're convicted by the court, you will be banned.”

 
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topchippyles

Well-known member
Thanks for all your help & advice - we’ve contacted a local law company who have requested his case notes from the arrest etc so at least I feel we will now have the professional help we need in court on the day as that was worrying me - I guess with regards to the points issue I can only hope he’ll get a fine and ban and allowed to take the drink drivers awareness course and be spared the points so that once the ban is over he can be allowed to start again - who knows 😥 they may look at his age and judge him harshly I feel
Its a straight forward case and do not waste your money
 
Just an update for all you folk that supported me with your replies & advice over the past 2 weeks - just come out of court and he got a 12mth ban but they offered him the driver awareness court so once this is complete and providing DVLA are happy to reissue his licence to him he can drive again in 9mths time - also got a fine of £300 plus court costs - but it’s over with and a lesson has been learnt the hard way.
Nothing was said about the criminal record part but I believe that just comes hand in hand with the conviction…
Thanks all x
 
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