19 year old girl caught drink driving, 73 on breathalyser.
19 year old girl caught drink driving, 73 on breathalyser.
Author
Discussion

roygarth

Original Poster:

2,674 posts

279 months

Monday 10th November 2014
quotequote all
A friends daughter was caught at 2am in Norwich last week driving with no lights on, no crash.

As this is double the limit what is likely ban and fine?

Is there any point getting a solicitor ie is the ban and fine pretty much fixed? Or, for example, is it possibly an 18 month ban which a solicitor might get reduced to 12 months?

Thanks in advance.

RG63AMG

157 posts

155 months

Monday 10th November 2014
quotequote all
I would think it depends how long she has had a driving licence for.

roygarth

Original Poster:

2,674 posts

279 months

Monday 10th November 2014
quotequote all
RG63AMG said:
I would think it depends how long she has had a driving licence for.
She passed test 18 months ago.

LouD86

3,290 posts

184 months

Monday 10th November 2014
quotequote all
Somewhere between 18 months, and 24 month ban I would have thought, with a hefty fine.

Silly silly girl. Not only over double the limit, but no lights, doesn't deserve to be on the road!

littleredrooster

6,413 posts

227 months

Monday 10th November 2014
quotequote all
To the best of my knowledge, that's a 12 month minimum ban, a substantial earnings-related fine and a compulsory retest.

Edit: No compulsory retest according to this http://www.drinkdriving.org/drink_driving_informat...

Edited by littleredrooster on Monday 10th November 11:43

Grandad7184

2,106 posts

166 months

Monday 10th November 2014
quotequote all
Sorry OP IMHO she deserves the book to be thrown at her.

She will loose her licence for well over 12 months and will get a hefty fine. And will have to re take her test once the ban is finished. She will also struggle in future getting insurance and a good price.

Take the ban and fine and save money for the insurance hike than get a solicitor involved


boyse7en

8,223 posts

196 months

Monday 10th November 2014
quotequote all
LouD86 said:
Somewhere between 18 months, and 24 month ban I would have thought, with a hefty fine.

Silly silly girl. Not only over double the limit, but no lights, doesn't deserve to be on the road!
To be fair, I see at least one car every night driving around with no lights on. In a fully streetlight-lit area it is easy to overlook (unless the ones I see are all p***d up too??)

Aretnap

1,983 posts

182 months

Monday 10th November 2014
quotequote all
See page 124 here

http://sentencingcouncil.judiciary.gov.uk/docs/MCS...

She should expect a ban of between 17 and 22 months, and a band C fine (which means around 150% of her weekly post-tax income - reduced by a third if she pleads guilty). The court will probably offer her the chance to do a drink driver rehabilitation course, which would reduce the ban by a quarter.

roygarth

Original Poster:

2,674 posts

279 months

Monday 10th November 2014
quotequote all
Aretnap said:
See page 124 here

http://sentencingcouncil.judiciary.gov.uk/docs/MCS...

She should expect a ban of between 17 and 22 months, and a band C fine (which means around 150% of her weekly post-tax income - reduced by a third if she pleads guilty). The court will probably offer her the chance to do a drink driver rehabilitation course, which would reduce the ban by a quarter.
Thanks for this. Should she get a solicitor?

fatjon

2,299 posts

244 months

Monday 10th November 2014
quotequote all
Save your money. The outcome is pretty much standardised as is the fine. She will get about the same with a solicitor plus his bill.

agtlaw

7,420 posts

237 months

Monday 10th November 2014
quotequote all
roygarth said:
A friends daughter was caught at 2am in Norwich last week driving with no lights on, no crash.

As this is double the limit what is likely ban and fine?

Is there any point getting a solicitor ie is the ban and fine pretty much fixed? Or, for example, is it possibly an 18 month ban which a solicitor might get reduced to 12 months?

Thanks in advance.
Assuming no previous drink drive matters and a guilty plea at the first opportunity then this is the likely outcome:

- Fine of roughly one week's net income. Maybe a little higher.
- Disqualification at least 12 months, most likely 19 months and almost certainly 17-22 months.
- Prosecution costs of £85
- Victim surcharge at 10% of the fine. Minimum £20.
- Drink drive rehabilitation scheme will be offered. This involves a fee to the course provider - often around £200 but payable at the time of taking.
- No retest - very rarely imposed.
- Not a high risk offender so no complications with the return of your licence.

The process will be less stressful with a solicitor and you probably will get a slightly better result. Whether that justifies the expense of £200-£500 for a quick guilty plea is a matter for you. Another option is to use the duty solicitor on the day - free of charge but he'll likely be dealing with multiple clients so your consultation will be 5-10 mins and you may be waiting for hours to get to your case.




S10GTA

13,811 posts

198 months

Monday 10th November 2014
quotequote all
agtlaw said:
- No retest - very rarely imposed.
Except she is within the initial 2 years of having a license. 6 points = loss of licence and automatic retest.

Derek Smith

49,986 posts

279 months

Monday 10th November 2014
quotequote all
A solicitor may identify mitigation, something not apparent to her or you. (Or anyone else often.) This might well reduce the sentence.

It might be difficult to put a price on, perhaps, two months off the disqual period. It is certainly something to consider with care.


agtlaw

7,420 posts

237 months

Monday 10th November 2014
quotequote all
S10GTA said:
Except she is within the initial 2 years of having a license. 6 points = loss of licence and automatic retest.
She isn't getting 6 points so this is completely irrelevant.

agtlaw

7,420 posts

237 months

Monday 10th November 2014
quotequote all
Derek Smith said:
A solicitor may identify mitigation, something not apparent to her or you. (Or anyone else often.) This might well reduce the sentence.

It might be difficult to put a price on, perhaps, two months off the disqual period. It is certainly something to consider with care.
Or, may identify a defence / special reasons not to disqualify.



Edited by agtlaw on Monday 10th November 18:42

Durzel

13,003 posts

199 months

Monday 10th November 2014
quotequote all
S10GTA said:
Except she is within the initial 2 years of having a license. 6 points = loss of licence and automatic retest.
She won't get points though, she'll be straight disqualified. Retest is discretionary (though double the limit and driving without lights isn't likely to help).

edit: beaten

S10GTA

13,811 posts

198 months

Monday 10th November 2014
quotequote all
agtlaw said:
S10GTA said:
Except she is within the initial 2 years of having a license. 6 points = loss of licence and automatic retest.
She isn't getting 6 points so this is completely irrelevant.
Fair point, but surely a revoked license within two years will incur the same penalty (of retaking a test)

agtlaw

7,420 posts

237 months

Monday 10th November 2014
quotequote all
S10GTA said:
Fair point, but surely a revoked licenCE within two years will incur the same penalty (of retaking a test)
No.

roygarth

Original Poster:

2,674 posts

279 months

Monday 10th November 2014
quotequote all
OK, many thanks to all. Very helpful.

S10GTA

13,811 posts

198 months

Monday 10th November 2014
quotequote all
agtlaw said:
S10GTA said:
Fair point, but surely a revoked licenCE within two years will incur the same penalty (of retaking a test)
No.
Fair enough, I bow to your superior knowledge.

As a side, isn't it unreasonable that if you get caught speeding twice within 2 years you lose your licence and have to take a test again, yet getting caught drink driving within the first two years does not automatically mean you have to retake your test?