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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 70416
Experience:  Over 5 years in practice.
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I am writing on behalf of truck driver who has been driving

Customer Question

Hi i am writing on behalf of truck driver who has been driving for 20 years without any driving conviction. The driver is partially deaf, on 30 aug his truck hit a bearer due to a rear wheel lockup. There was no one or any other party involved. The police breathlised him and found thst he was on 44. He was surprised to have a reading atall. He has a dashboard cam show what speed he was doing and what happened. This is has happened for the first time . How can i present my plead, i do not want to.loose the licence, i am in a processe of buying a house and getting married next year. Please help
Submitted: 2 years ago.
Category: UK Traffic Law
Expert:  Jo C. replied 2 years ago.

If you are saying that you were caught drink driving then I'm afraid the ban is mandatory. Courts have no discretion.

Expert:  Jo C. replied 2 years ago.

Even though the reading is very low. It is still over 35 which is an offence.

Expert:  Jo C. replied 2 years ago.

And I'm afraid that leads to 12 months disqualification.

The only way that can be avoided is to show special reasons apply and they do not here. They cover situations like a driver who has driven only a few inches.

in fact, if this is a professional driver then that is an aggravating feature. The fact that there was an accident is a further aggravating feature.

I'm very sorry but it is just plain not realistic to try to avoid a ban. Parliament has set down that there is to be a mandatory ban and the courts cannot vary that.

Can I clarify anything for you?