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Anyone know of the (magistrates) conviction guidelines for drink
driving, particularly in respect of the fines level and the conditions
under which the assumed ban can under *exceptional* circumstances not
result in one? Subject is unemployed, middle aged, "respectable", first offence,
"guilty" with 59µg/100ml and relies on a licence totally for what
is a meagre lifestyle. Was stopped because of random vehicle check
rather than poor or dangerous driving. Was making an enforced,
unavoidable and unwilling journey (daughter, a minor, stranded without
public transport late at night). Subject is about to undergo a cancer
operation again and is likely to require regular chemotherapy/rad
outpatient follow-up thereafter for six months or more if the prognosis
is good. Movements to/from hospital are not easily possible other than by
private transport. Taxis would remain the only option, ill-affordable
at best and certainly not on top of anticipated fine repayments
payable only from fortnightly benefit. A "problem" daughter has to be
driven by car to her school which is not accessible from the subject's
home by school/public bus services. Subject's own inconsiderations and all moral issues apart, would it be
worth using a solicitor and burden Legal Aid as a guilty conviction
would seem inevitable and there may not be, realistically, any manner
of ameliorating the situation?
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-This is worth pleading 'special circumstances' why ban of 1 year should
not be given. However, this excuse could only be used once. Caught again
and life is tough. Guidelines are 14 months disqualification plus fine of 500 BUT need to
give discount for timely guilty plea. While guilt is effectively
determined by the Lion intoximeter reading which I assume is not in
dispute, the solicitor would be needed to make the plea of 'sepcial
circumstances'. -The exceptional circumstances - to avoid the ban - must relate to the
driving. Those you describe would be unlikely to be an emergency and or
no alternative (could have rung and sent a taxi to collect her) Worth talking to one, but he would not get legal aid (unless Green Form)
It is unlikely that a solicitor would make enough difference at court to
justify his fee - but who knows?
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