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Drink drive conviction and chemotherapy guidelines

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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