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roxydenim
Hello All,

Please advise and help me on the following drink and drive charge.

Few days back been charged with section 5(1)(A) of the road traffic act 1988 and schedule 2 to the road traffic offenders act.


Are these two diffenet charges and what do they mean >

The hearing is after 4 weeks from now. ( why so late usually the dates are given pretty soon ?)

FACTS

1. The reading was 72 microgrammes of alcohol in 100 ml of breath.

2. Consumed 4 pints , 5% abv

3. I suffer from type 2 Diabetes and could not eat food after eating the medicine and the sugar levels when tested by a doc at the police station was also too high . Do medicines affect the breath test and escalate the figures ?
Will it be worth spending on a forensic report in this case?

4.I am restaurateur and have to travel all day buying supplies for the restaurant. I will have to shut the restaurant if I loose my license. 14 staff and myself will loose the job as a result. ( will court consider this ?)

5. Will i loose my personal liquor license as well which i must have to run the restaurant? Do i need to inform court about this ?





6. Is there any chance of defending the case or should i just plead guilty.
What should i say at court to minimise the ban and fine. Will I get points too on the license ? Have never been charged or convicted before for any offence in my life.

Many Thanks

southpaw82
QUOTE (roxydenim @ Tue, 14 Oct 2008 - 13:45) *
Few days back been charged with section 5(1)(A) of the road traffic act 1988 and schedule 2 to the road traffic offenders act.

Are these two diffenet charges and what do they mean >


One charge - driving or attempting to drive a motor vehicle on a road or public place whilst over the limit.

QUOTE
1. The reading was 72 microgrammes of alcohol in 100 ml of breath.

2. Consumed 4 pints , 5% abv


Figures. 35 microgrammes is ~ 2 pints.

QUOTE
3. I suffer from type 2 Diabetes and could not eat food after eating the medicine and the sugar levels when tested by a doc at the police station was also too high . Do medicines affect the breath test and escalate the figures ?
Will it be worth spending on a forensic report in this case?


You'd have to ask an expert but the reading does appear about right for the amount of alcohol consumed.

QUOTE
4.I am restaurateur and have to travel all day buying supplies for the restaurant. I will have to shut the restaurant if I loose my license. 14 staff and myself will loose the job as a result. ( will court consider this ?)


Can't someone else buy the supplies? Can't someone else take over the licence?

QUOTE
5. Will i loose my personal liquor license as well which i must have to run the restaurant? Do i need to inform court about this ?


Quite possibly you will. I'm not sure who you'd have to inform, probably your local police licencing officer.

QUOTE
6. Is there any chance of defending the case or should i just plead guilty.


I don't know the full facts. Nothing that you've said gives me confidence in any defence.

QUOTE
What should i say at court to minimise the ban and fine. Will I get points too on the license ? Have never been charged or convicted before for any offence in my life.


Ban or points, not both. A ban is almost inevitable though, and for a minimum of 12 months (subject to reduction for attending a course). You will need to attend court and apologise profusely, say it was a stupid thing to do and was due to a period of stupidity on your part and you're very sorry. Be contrite and listen attentively to the bollocking you'll get.
roxydenim
Thank for the reply.
I feel its really difficult to defend.
Will it help to engage a solicitor to represent for pleading guilty?
Do i aplogise at the court verbally ? or should i write a statement and take it there and present?

Mnay Thanks


QUOTE (roxydenim @ Tue, 14 Oct 2008 - 13:45) *
Hello All,

Please advise and help me on the following drink and drive charge.

Few days back been charged with section 5(1)(A) of the road traffic act 1988 and schedule 2 to the road traffic offenders act.


Are these two diffenet charges and what do they mean >

The hearing is after 4 weeks from now. ( why so late usually the dates are given pretty soon ?)

FACTS

1. The reading was 72 microgrammes of alcohol in 100 ml of breath.

2. Consumed 4 pints , 5% abv

3. I suffer from type 2 Diabetes and could not eat food after eating the medicine and the sugar levels when tested by a doc at the police station was also too high . Do medicines affect the breath test and escalate the figures ?
Will it be worth spending on a forensic report in this case?

4.I am restaurateur and have to travel all day buying supplies for the restaurant. I will have to shut the restaurant if I loose my license. 14 staff and myself will loose the job as a result. ( will court consider this ?)

5. Will i loose my personal liquor license as well which i must have to run the restaurant? Do i need to inform court about this ?





6. Is there any chance of defending the case or should i just plead guilty.
What should i say at court to minimise the ban and fine. Will I get points too on the license ? Have never been charged or convicted before for any offence in my life.

Many Thanks
southpaw82
If you feel confident enough that you can speak to the court without gabbing, claming up or otherwise choking then I believe that a solicitor is a waste of money - money that can better be put towards your fine. However, each to their own. You would apologise to the court from the dock. By all means make notes but only notes - reading out a prepared speech rarely impresses the court.

An early guilty plea will see a reduction in your fine of 1/3.
roxydenim

Thank you for the advise.
1. Do you know what duration of ban will i get ?
2.Is it any point explaining at the court that with a ban i may have to close the restaurant and all 14 will loose jobs?
Will they consider this and impose only the mandatory disqualification of 12 months or are they likely to get upset as i should have thought of this before getting behind the wheel.
3. I do not have anyone else with a driving license at the restaurant to buy supplies nor can i afford a new staff to do this.
4. Am looking into the possibility of transferring the license but the license holder is required to be at the premises during trading hours. Dont know how to handle this now.( so much of trouble for me now for a stupid moment)
4. If i do not advise the court that i hold a personal license will it go against me ?
5. What do i have to do take up the defense of spiked or laced drinks. Am just too worried and anxious and want to try and save the license if there is any possibility/

Many thanks in advance.
jobo
12 months is likely

no - nothing will get you out of it

find a white van man who will do pick ups for you at a tenner an hour.plus fuel

unless you were spiked dont go there, it not worth the jail sentance
adzdc2
What about Exceptional Hardship? could that apply?

Bit of info for you roxydenim http://www.motorlawyers.co.uk/court/exceptional_hardship.htm

I may be wrong, but surely this applies.
jobo
thats for totting

DD means a ban see link

http://www.motorlawyers.co.uk/offences/drink_driving.htm
adzdc2
Ahh right i get it, completely different rules for drink driving, as im assuming its a serious offence, whereas if you had say a total of 12 points from various speeding offences then Exceptional Hardship would apply.
southpaw82
It is possible for the court to reduce or dispense with a ban (which is why the Road Traffic Offenders Act provides for points in lieu of a ban for the offence). Section 34:

(1) Where a person is convicted of an offence involving obligatory disqualification, the court must order him to be disqualified for such period not less than twelve months as the court thinks fit unless the court for special reasons thinks fit to order him to be disqualified for a shorter period or not to order him to be disqualified.

Roxy - do not lie to the court.
Pigfarmer
IIRC, it was a long time ago when I got mine, you have to tell the court AND your issuing Council that you hold a licence and are being charged with a relevant offence. You do have a second licence holder in the business don't you, get the Council to change them to be the DPS ASAP.

EDIT...

http://www.culture.gov.uk/what_we_do/alcoh...nt/4057.aspx#11 is a summary

AND

http://www.opsi.gov.uk/acts/acts2003/ukpga...#pt6-pb4-l1g128 about section 128
Zed Victor One
QUOTE (roxydenim @ Tue, 14 Oct 2008 - 15:48) *
Thank you for the advise.
1. Do you know what duration of ban will i get ?
2.Is it any point explaining at the court that with a ban i may have to close the restaurant and all 14 will loose jobs?
Will they consider this and impose only the mandatory disqualification of 12 months or are they likely to get upset as i should have thought of this before getting behind the wheel.
3. I do not have anyone else with a driving license at the restaurant to buy supplies nor can i afford a new staff to do this.
4. Am looking into the possibility of transferring the license but the license holder is required to be at the premises during trading hours. Dont know how to handle this now.( so much of trouble for me now for a stupid moment)
4. If i do not advise the court that i hold a personal license will it go against me ?
5. What do i have to do take up the defense of spiked or laced drinks. Am just too worried and anxious and want to try and save the license if there is any possibility/

Many thanks in advance.



Not to put too much of downer on things but at 72mgs/100ml your more than twice the legal limit and I would have thought more likely to incur a 15-18 month ban.
I doubt the fact that through your own actions you have put the livelyhood of 14 employee's livelyhoods at risk is likely to impress them, especially as arrangements can undoubtedly be made to have your supplies delivered.
I'm not sure that you will have to notify the court at your hearing that you hold a liqour licence although obviously you will need to notify the police licencing officer of any conviction.
I'm not sure where you suddenly come up with the possibility of a defence of having your drinks spiked but the consequences of attempting to pervert the course of justice if found out will see you in prison. The question of supplies and staff issues will not enter into it if your doing time.
Personally I don't think you've mentioned any obstacle that's insurmountable and is likely to persuade the court not to disqualify you, but I may be wrong. Best advice I can give is go to court put your case and pray to whoever you believe in that they take pity on you.
roxydenim
Thank you for all the help.
Its a new restaurant that i started just 7 months back and the restaurant really can not afford more overheads. But I think i have got no other option left.
I am trying to have the DPS transferred to a friend.

I refused to sign the reciept of breath readings at the polic stn as was surprised to see such high readings. Lager that i consumed was at least 2 hrs before and i though my diabetes medicine got me such High reading.

Am so confused now.

All the solicitors that i speak to want at least £650 to look into my case in detail.
Am happy to spend more if a solicitor could give me some assurance.
Dont really know what to do. Have never been to a court before.




The Rookie
Without being negative, but have you not seen all the DD advice and all the work that suggests for an adult male about 1.5 pints is the very max safe amount to keep you under the limit? 4 pints will put anyone well over!

I can't see a Solicitor helping and £650 will go a long way to covering delivery costs or paying one of the 14 OT to do the work!

Simon
Gaza
QUOTE (The Rookie @ Wed, 15 Oct 2008 - 01:24) *
Without being negative, but have you not seen all the DD advice and all the work that suggests for an adult male about 1.5 pints is the very max safe amount to keep you under the limit? 4 pints will put anyone well over!


I agree. The OP has also said it was 5% ABV which would also have a significant impact.

roxydenim - I am 100% certain your diabetes medication would have zero impact on your readings. You took a big gamble in having four pints of strong beer/lager and then driving. Quite how you thought you would be fit to drive escapes me.
Watcher
I can confirm what Gaza says - your medication (e.g. Metformin? or anything else) would have absolutely NO effect whatsoever on your blood/alcohol level, so no use pretending to yourself that it might have had - 4 pints is guaranteed to put you well over the limit. All that consumption of alcohol might do to a type2 diabetic is slightly lower the blood/glucose concentration.

I sincerely hope that you have previously notified DVLA that you have been found to have Type2 Diabetes, and how it is controlled, and that they have given you a letter saying they agree you can continue to hold a licence??
roxydenim
I dint notify DVLA when i was diagnosed with Diabetes.
Do i expect another charge or fine now >

Also i spoke to a solicitor today about the my DD charges .
He said its worth hiring him so that he can obtain all records from the police station and there might be some procedual errors which he can use to defend. Though i dont see much chances as the police dealing with so many DD cases must be very familiar with the procedures now.

I have understood now that medicines could not have increased the breath reading. So obtaining a forensic report will be a waste of another £250.

thx
Watcher
My apologies....

things have changed slightly:

http://www.direct.gov.uk/en/Motoring/Drive...ers/DG_10030957
roxydenim
Thank God !
Does anyone knows what are the usual complications if someone convicted driving license also holds a personal license.
I am aware now that the court and both licensing authorities are to be advised but not sure if usually they revoke the license for dink driving ?
roxydenim
Hello All,
Does anyone out here has used this site
http://www.drinkdrivingfacts.com

It looks as if its helpful but may be someone who have made a purchase from them can guide me better.
Pls respond with your views.

Thanks
SuperSparks
That is as fine an example of a scam website as I have seen in a long, long time rolleyes.gif
cooldriver
Try Defend My Licence for information on Drink Driving. You can even get free initial advice for your case.
ict_guy
There have certainly been expert medical witnesses who have proved that a particular drug that was prescribed to the driver affected the absorption rate of alcohol - my dad (a consultant cardiologist) many years ago attended court as an expert witness for the CPS and gave an account of how a particular drug that the accused was taking would delay the rate of absortion of alcohol quite considerably (the CPS hated it!!) so it would be very difficult to judge how long to delay driving after having consumed alcohol - the guy was over the limit a full 28 hours after having his last drink (so he said), the guy got off - case dismissed. Both the CPS (and my dad to an extent) had felt an injustice had been done - but facts are facts (the accused was an alcoholic by the way!!)

You, however, say that you had consumed 4 pints of 5% alcohol - how long after having your last drink were you stopped by the police. If it was within 18 hours, I think you will have little defence.

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