UK Traffic Law
Have UK Traffic Law Questions? Ask a Traffic Lawyer Online.
Hi, welcome to Just Answer. I will help you with your question.
This is a pretty low reading, and the first sentencing guideline band is for mg of between 36 and 59mg. Generally, the period of disqualification is for 12 - 16 months, with 12 months being fairly automatic.
However, the Court does retain a discretion on sentencing, and whilst it starts from the guideline amounts, it doesn't have to stick to them, so you could cite the fact you would lose your job etc., from a sentencing perspective.
In all honesty though, you're going to find it extremely difficult to avoid a disqualification for 12 months.
The fine is likely to be what's called a level C fine - which is around 150% of your relevant weekly income.
The maximum is £1,000 for level C.
is there any way around as i was not driving when they turned up at the scene
But, going back to disqualification, the only hope you have of avoiding this is to show exceptional circumstances, such as the devastating effect it would have on your life, such as losing your job.
Realistically, not if you were actually driving when over the limit.
What did you tell the officers at the scene? Presumably, you'd said you were driving, and hence the breath test?
The issue is simply whether you were driving when you shouldn't have been. If you were, and they can convince a Court of that, then that's it. It doesn't matter you were not actually behind the wheel when stopped (although, in such cases, it's pretty hard to deny you were driving!).
yeah but the only reason for the breath test was a formality as he said i had been in an accident
Do you accept you were driving when the accident happened?
Well, to be honest, you're really unlikely to be able to avoid a ban here I expect.
I'm sorry to say that - but I'd rather be open and honest with you.
ok, would it help the case if i got a character reference from the officer as he was shocked about the outcome as i was of a sound manner and didnt feel or look drunk
Yes, this might assist. It's all about mitigation - showing why the usual rules shouldn't apply.
If you honestly thought you were not over the limit, and others were shocked to see that, then this might assist, although the guideline sentences referred to do apply to small amounts of being over the limit anyway, so they might just say that this is normal for the amount of alcohol in your breath anyway and that the usual sentence should apply.
But, every little helps.
ok, i was thinking of getting a lawyer or something to help, do you know any rough figures of what i could be charged for this situation on average
Each lawyer chooses their own fee, but for representation in Court, with little preparation, I would have thought perhaps about £300 - £500 would be about right.
I'd suggest calling around, and see who offers what fee.
yeah, i will do tomorrow
Okay. Good luck with this. If you need any more information from me, just let me know.
Please do remember to rate my answer as highly as you can.
ok, thanks for your help
Please do remember to rate my answer, and if you need more general information in the future, do just let me know.