Drink Driving Penaltirs

[Jay22]

Just reading about the Wayne Rooney drink driving case and see he got 100 hours Community Service as well as the driving ban and a fine. I thought that you normally got a ban and a fine so I am wondering why he got Community Service as well? Did he have previous for drink driving?

I have my own case coming up in 2 weeks so asking because of that

[elanfan]

Still under the influence?

What amount fine would make any difference to Shrek? 100 hours of his time is much more of a punishment than a £100,000 fine.

[agtlaw]

Rooney was banned for 2 years. He was made subject of a Community Order to include 100 hours unpaid work. There was no fine but prosecution costs of £85 and an £85 surcharge.

Assuming yours is the same type of drink driving offence then this is the appropriate Sentencing Council guideline:

https://www.sentencingcouncil.org.uk/offences/item...

Rooney’s evidential breath test reading was 104 ug.

[Jay22]

agtlaw said:

Rooney was banned for 2 years. He was made subject of a Community Order to include 100 hours unpaid work. There was no fine but prosecution costs of £85 and an £85 surcharge.

Assuming yours is the same type of drink driving offence then this is the appropriate Sentencing Council guideline:

https://www.sentencingcouncil.org.uk/offences/item...

Rooney’s evidential breath test reading was 104 ug.

Thanks. It's a bit lower but still in the same range. I also got charged with criminal damage so that doesn't help.

[agtlaw]

If the value of the damage exceeds £5,000 then your case is quite serious and you should get professional help.

[anonymous-user]

Jay22 said:

Thanks. It's a bit lower but still in the same range. I also got charged with criminal damage so that doesn't help.

a friend got done a few years back,3 times over limit. A 2 year ban, 1 year probation and a 3 month high risk offenders course, and 100 pound fine.

[agtlaw]

The Spruce goose said:

Jay22 said:

Thanks. It's a bit lower but still in the same range. I also got charged with criminal damage so that doesn't help.

a friend got done a few years back,3 times over limit. A 2 year ban, 1 year probation and a 3 month high risk offenders course, and 100 pound fine.

He didn’t get a £100 fine. It was costs / a surcharge. You get ‘probation’ or a fine, not both. It’s just like points or a ban.

[anonymous-user]

agtlaw said:

He didn’t get a £100 fine. It was costs / a surcharge. You get ‘probation’ or a fine, not both. It’s just like points or a ban.

Whatever the term was plus victims surcharge thing it was 155 pounds total.

[Jay22]

The Spruce goose said:

a friend got done a few years back,3 times over limit. A 2 year ban, 1 year probation and a 3 month high risk offenders course, and 100 pound fine.

Sounds tough enough.

High Risk Offenders Course? Was it his first conviction?

I have never been in court before. One crazy decision after a row with my girlfriend and now this. I will also have big problems with this because of my job.

[XCP]

You need to speak to a solicitor sharpish.

[agtlaw]

The guideline I posted applies to first time offenders.

The High Risk Offender Scheme applies where a breath reading of 87.5+ ug is given. If it applies then your licence isn’t returned until after a DVLA approved doctor has assessed you.

A drink drive rehabilitation course (usually on about 4 days over several weeks) reduces the ban by up to 25%. If it’s your first offence then you’ll be offered the opportunity to do this.

The court can also order an offender to take part in a drink impaired drivers course as part of a Community Order.

If you plead guilty then unless special reasons apply, you’ll be banned for at least 12 months. Probably a lot longer if your reading is high.

[anonymous-user]

Jay22 said:

Sounds tough enough.

High Risk Offenders Course? Was it his first conviction?

I have never been in court before. One crazy decision after a row with my girlfriend and now this. I will also have big problems with this because of my job.

yes first offence no crash. this included paying 400 quid for a local solicitor.

the high risk course is pretty mandatory after a certain level over the limit, in fairness he found it interesting and learnt a lot. also a dvla blood test before license is issued again after the 2 years.
You will lose your license, you may end up in the local paper as well my friend did. Take it seriously what is done is done but look to the future.

[agtlaw]

The Spruce goose said:

Jay22 said:

Sounds tough enough.

High Risk Offenders Course? Was it his first conviction?

I have never been in court before. One crazy decision after a row with my girlfriend and now this. I will also have big problems with this because of my job.

yes first offence no crash. this included paying 400 quid for a local solicitor.

the high risk course is pretty mandatory after a certain level over the limit, in fairness he found it interesting and learnt a lot. also a dvla blood test before licence is issued again after the 2 years.
You will lose your licence, you may end up in the local paper as well my friend did. Take it seriously what is done is done but look to the future.

A bit of confusion demonstrated there. The High Risk Offender Scheme is mandatory in the circumstances I outlined above. It isn’t a course and there isn’t a “high risk course.” A drink impaired driver course is always discretionary - whatever the reading. If offered then completion of a drink drive rehabilitation course reduces the ban. These are three completely separate things.

[Jay22]

XCP said:

You need to speak to a solicitor sharpish.

I spoke to the Duty Solicitor when i was arrested and had a quick chat with one last week and am having a proper consultation on Thursday

[Jay22]

agtlaw said:

The guideline I posted applies to first time offenders.

The High Risk Offender Scheme applies where a breath reading of 87.5+ ug is given. If it applies then your licence isn’t returned until after a DVLA approved doctor has assessed you.

A drink drive rehabilitation course (usually on about 4 days over several weeks) reduces the ban by up to 25%. If it’s your first offence then you’ll be offered the opportunity to do this.

The court can also order an offender to take part in a drink impaired drivers course as part of a Community Order.

If you plead guilty then unless special reasons apply, you’ll be banned for at least 12 months. Probably a lot longer if your reading is high.

Thanks you've been very helpful and I found out alot. I didn't realise there was so much to it. Yes my reading was 92. Will having the crash make things worse? It is my first offense apart from a drunk and disorderly when I was 19 but just got a £80 fine for that and didn't have to go to court.

[Jay22]

The Spruce goose said:

yes first offence no crash. this included paying 400 quid for a local solicitor.

the high risk course is pretty mandatory after a certain level over the limit, in fairness he found it interesting and learnt a lot. also a dvla blood test before license is issued again after the 2 years.
You will lose your license, you may end up in the local paper as well my friend did. Take it seriously what is done is done but look to the future.

Believe me I am taking it seriously, very seriously. I am a prison officer so if it makes the papers my life will be hell and will probably have a disciplinary procedure at work. I was also planning on applying to join the Police - didn't get it when I applied last time so joined the Prison Service instead = but probably have no chance now.

[agtlaw]

Unless the value of the damage exceeds £5k, then the focus will be on the breath test reading.

It doesn’t help that you have a fixed penalty for a drink related offence. It may not be on your record. If not then don’t mention it. I can’t see it making any real difference to the outcome in any event.

[jules_s]

Jay22 said:

Believe me I am taking it seriously, very seriously. I am a prison officer so if it makes the papers my life will be hell and will probably have a disciplinary procedure at work. I was also planning on applying to join the Police - didn't get it when I applied last time so joined the Prison Service instead = but probably have no chance now.

You will have a criminal record soon I'm afraid

[anonymous-user]

agtlaw said:

A bit of confusion demonstrated there. The High Risk Offender Scheme is mandatory in the circumstances I outlined above. It isn’t a course and there isn’t a “high risk course.” A drink impaired driver course is always discretionary - whatever the reading. If offered then completion of a drink drive rehabilitation course reduces the ban. These are three completely separate things.

I'm not sure what you mean, I was always talking about high risk 3 times the limit, i know there is another course but didn't mention anything to do with it. The high risk course my friend took was 3 or 6 month classroom for 4 hours a day once a month. it was combined with the 1 year probation which after the course involved reporting to the probation officer once a month.

it seems like you are trying to pick faults where they are none considering i'm not a lawyer this was based on his experience.

this is a forum he used for other people experiences. https://www.drinkdriving.org/drink_driving_magistr...

[anonymous-user]

Jay22 said:

Believe me I am taking it seriously, very seriously. I am a prison officer so if it makes the papers my life will be hell and will probably have a disciplinary procedure at work. I was also planning on applying to join the Police - didn't get it when I applied last time so joined the Prison Service instead = but probably have no chance now.

i don't think it is instant dismissal my mate was at Dovegate and there was one who got done and kept his job. but it is always down to individual circumstances.