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In charge with excess alcohol, Bad ideas while drunk
Localdriver1
post Wed, 20 Dec 2017 - 23:24
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Evening all, I’m new here and have a query after the stupid situation I have got into, completely stupid of myself and 100% out of character, being 30 with completely clean criminal record and 12 years completely clear driving record. I fully understand I have done wrong and expect my licence to be revoked with no one to blame but myself.

Now that’s out of the way,

Recently I was out for drinks, stupidly got in the car to sleep it off, after 4 hours or so I drive 1 mile and decided again this was stupid and I pulled over on a lay-by and slept some more, I was awoke by police and failed roadside breath test and was read my rights and took to the local station where I managed a breath test reading of 60-65, I can’t renember and didn’t get a copy of the print out

I’m curious, what’s on my charge sheet is ‘in charge with excess alcohol in breath 2017/12/17’ was in charge of a motor vehicle on a road within vicinity of a local road name

From that above will I be chased for drink driving when at court or is that offence what I will be charged with ?
I can’t recall if I told the officer that I attempted the initial 1 mile, or if I told him before I was cautioned in general chat before I was breath tested and before I was cautioned.

What I did or didn’t say to the officer I’m unclear in my own mind as was still under the influence and had been just woken from a sleep so generally head up bum.

As said, I’ve done wrong and know it and now I’m just trying to assess the process and how it’s going to go. I have a solicitor meeting tomorrow and court is on 8th January. I was fully respectful and cooperative at the time
Thanks for any reply
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post Wed, 20 Dec 2017 - 23:24
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Localdriver1
post Fri, 22 Dec 2017 - 13:15
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Yep
I think it’s easier for me
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Logician
post Fri, 22 Dec 2017 - 19:14
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You may find it helpful to go to a court beforehand to get some idea of how it goes. Every court has a public gallery where you are entitles to sit, just tell one of the ushers you are there to observe, particularly if there is a court with a traffic list, but any court will help give you an idea of the layout and procedure.


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Localdriver1
post Mon, 25 Dec 2017 - 14:56
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QUOTE (Logician @ Fri, 22 Dec 2017 - 19:14) *
You may find it helpful to go to a court beforehand to get some idea of how it goes. Every court has a public gallery where you are entitles to sit, just tell one of the ushers you are there to observe, particularly if there is a court with a traffic list, but any court will help give you an idea of the layout and procedure.



Not a bad idea, however with work and time off in short supply I’m hoping my solicitor will keep me right.

Just a waiting game now, I’m wondering is there anyone on here could possibly advise on my outcome ?
Happy Christmas all.
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Localdriver1
post Tue, 26 Dec 2017 - 01:00
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Also, if I get a disqualify I get my licence back with no points is that correct ? Where as the other option I have 10 points hanging over me and have to be extra careful for 4 years

This post has been edited by Localdriver1: Tue, 26 Dec 2017 - 01:01
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peterguk
post Tue, 26 Dec 2017 - 01:03
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Points remain active for totting purposes for 3 years.


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Localdriver1
post Tue, 26 Dec 2017 - 01:09
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QUOTE (peterguk @ Tue, 26 Dec 2017 - 01:03) *
Points remain active for totting purposes for 3 years.


So does that mean I get points plus disqualification possibly ? That the points are on the licence when I get it back ? Or would disqualification be the result with no points, sorry I’m not explaining myself great
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thisisntme
post Tue, 26 Dec 2017 - 02:16
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QUOTE (Localdriver1 @ Tue, 26 Dec 2017 - 02:09) *
QUOTE (peterguk @ Tue, 26 Dec 2017 - 01:03) *
Points remain active for totting purposes for 3 years.


So does that mean I get points plus disqualification possibly ? That the points are on the licence when I get it back ? Or would disqualification be the result with no points, sorry I’m not explaining myself great


You can only get points or disqualification not both, though the effect is the same if you don't have a clean licence as if you have 3 points for an SP30, the 10 points would make you a totter.

Others may advise differently, but as bad as this is already, if you have a clean licence, you will be better off with the points.

This post has been edited by thisisntme: Tue, 26 Dec 2017 - 02:17


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Localdriver1
post Tue, 26 Dec 2017 - 11:15
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Ye I know I would like to keep my licence and just try be extra careful for the next lot of years, I can understand why some would take a disqualification though to get it over with and start fresh
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roythebus
post Tue, 26 Dec 2017 - 23:30
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As you're likely to get disqualified, don't drive to court, you can't legally drive home.
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andy_foster
post Tue, 26 Dec 2017 - 23:43
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QUOTE (Localdriver1 @ Tue, 26 Dec 2017 - 01:00) *
Also, if I get a disqualify I get my licence back with no points is that correct ? Where as the other option I have 10 points hanging over me and have to be extra careful for 4 years


Making a false statement and asking if it is correct does not make it so, nor does it make it a question.

For the purposes of totting up, any points for offences committed within 3 years of the current offence are taken into consideration. The only exception to this is that points that have already resulted in a totting up ban are no longer counted.

In other words, it is only a totting up ban (or the passage of time) that removes your previous points. A ban for an offence (as opposed to a totting up ban) does not remove existing points.


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Localdriver1
post Wed, 27 Dec 2017 - 22:11
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QUOTE (roythebus @ Tue, 26 Dec 2017 - 23:30) *
As you're likely to get disqualified, don't drive to court, you can't legally drive home.


Yes I have transport sorted to court. I do believe I will be extremely lucky to get just 10 points
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Localdriver1
post Fri, 12 Jan 2018 - 20:41
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So a update.

Court was last week. All went well
My barrister was absolutely not a waste of money,
The reference of character was a great help
I presented myself well suited and booted

All of the above I believe helped me get 10 points and 350 quid fine. So I got to keep driving, just keep the nose clean.
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Logician
post Fri, 12 Jan 2018 - 20:54
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Good, I am pleased to hear of that result and thanks for coming back to tell us.


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Localdriver1
post Fri, 12 Jan 2018 - 20:59
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I’m happy, very happy
And more so, lesson learnt. For a true one off incident I believe the judge did see it as that.
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JP1978
post Fri, 12 Jan 2018 - 21:32
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QUOTE (Localdriver1 @ Fri, 12 Jan 2018 - 20:41) *
So a update.

Court was last week. All went well
My barrister was absolutely not a waste of money,
The reference of character was a great help
I presented myself well suited and booted

All of the above I believe helped me get 10 points and 350 quid fine. So I got to keep driving, just keep the nose clean.


Please that you had the result you wanted but your solicitor probably didnt help to get that much as you think.

The fact that they were there, put you more at ease, calmed you down, changed your attitude and demeanor.

If you were standing there yourself, shaking, stuttering, struggling for words, the court would see what a huge mistake you have made. What you have done is wrong but turning up suited and booted, contrite and nervous will make you look far better than the hundreds of people that have been in that court the previous days and will be a refreshing change to them.

As I say, pleased you got a decent outcome but for others reading this, as the most of the posts said before, the representation was not really needed.
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thisisntme
post Sat, 13 Jan 2018 - 01:42
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Others reading this should note that past performance is not a guide to the future and that in court as well as elsewhere, one size does not fit all. So one shouldn't speak in absolutes. This isn't "Sliding Doors" so we cannot know how it would have turned out.


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Mayhem007
post Sun, 14 Jan 2018 - 10:59
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From personal experience I believe the the solicitor or barrister did help to mitigate the sentence. Magistrates know all too well the costs of such professionals and in essence it is a penalty in itself.

So well done for the actions you took. Take heart I believe you did the right thing...eventually.

This post has been edited by Mayhem007: Sun, 14 Jan 2018 - 10:59


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