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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 69369
Experience:  Over 5 years in practice.
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cccjs rt88007 12 15 16 1 pnld code h21 but blew

This answer was rated:

cccjs rt88007

12 15 16 1

pnld code h21

but blew 111
Hi

Thank you for your question and welcome to Just Answer. My name is XXXXX XXXXX I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 3 years ago.

got nicked after crashing a works van while drink driving and blew 111 microgrammes of breath


 


no other people were involved

Thanks

What would like to know about this
Customer: replied 3 years ago.


what am i looking at as regards XXXXX XXXXX and what are the possibilities of a prison sentance?

Thanks

Do you have any previous convictions?
Customer: replied 3 years ago.

no nothing a clean sheet .......not known to the police for anything

Thanks. If you give me 10 mins I will type out an answer for you.
Thanks for the information.

I know this isn’t going to be the answer you want to hear, and it’s certainly not what I want to tell you. However, I wish to be completely honest with you, so I feel obligated to not give you false hope.

I'm afraid that I cannot give you any good news really. This is a very high reading and there was a crash.

If this is 111 in breath rather than blood or alcohol then the starting point is a medium level community order and the range is a low to a high one. Those guidelines are for a first time offender pleading not guilty and I imagine you intend pleading guilty so you will be entitled to some credit for that.

However, the fact of the accident is a statutory aggravating feature. They could say the fact its in a works can is a further aggravating feature but probably magistrates won't pick up upon it.

Overall though you are facing a medium to high community order. It does pass the custodial threshold on the sentencing guidelines.

You will be disqualified for 23-28 months I'm afraid. If you do the drink driving course then that will shave off one third from your ban.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.
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