My partner has been charged with vbeing in charge of a motor vehicle while under the influence....

[lisapink]

Please can someone give any advice??? My partner is a self employed HGV driver at the weekend he was pulled by the police outside our local corner shop and was routinely breathalysed. He had been pottering wround the garden that afternoon and had a few cans and he tested as over the limit. He had 51 microgrammes of alcohol in 100 millilitres of breath.
He was released after 2.5 hrs when he tested below the limit and has been given a court date.
His license is his career and if he's banned my husband will lose his job which potentially means we could lose our home.
This is his first offence. Please could anyone whose been in a similar situation advise on what are the best and worse case scenarios when he goes to court as we are worried sick.........................
thanks in advance

[New Judge]

Assuming he pleads guilty he can expect a fine of about one and a half week's net income, a disqualification for 12 months and costs of about �45.

The period of disqulification will be reduced by three months if he is offered and takes part in the Drink Drivers Rehabilitation Programme.

[helpmetoo]

he has lost his job then,

one less idiot on the road,

best case he gets a suitable job despite his criminal record and you keep your home,

worse case he doesnt and you dont,

[wakey]

Firstly, while I dont agree at all with drink driving you should do the following

1. Seek professional advice immediatly, there are specialist lawyers who will be able to deal with this issue. Maybe being able to plead guilty with mitigating circumstances, ie lost of licence will lost his job, the court will look at this on an individual case by case basis, and he may be able keep his licence in order to maintain his income.

Seek specialist lawyer from the lawsociety website

[zebedee1691]

The 12 month disqualification is mandatory - there is no discretion or getting round it.

The only thing he can do is accept the drink drive rehabilitation course if it is offered.

[New Judge]

As zebedee correctly says, the magistrates have no discretion in this matter. Unlike a disqualification awarded under "totting up" rules, the driver's personal circumstances and the effect that a ban may have cannot be considered. The only time magistrates may consider not imposing a ban is if there are circumstances surrounding the offence itself (e.g. if it can be shown that drinks were "spiked") which make a ban avoidable.

This is very rarely successful and is unlikley to apply in the circumstances you described.

[lisapink]

Thank you for your responses. I do not condone drink driving myself and am both shocked and angry at my partners actions, we have been married 15 years and neither of us have ever broken the law in our lives. I simply want to be prepared for the outcome when he goes to court for the sake of my children and myself.
Thanks again

[loza]

what an absolute shame for you lisa. You are obviously so worried and concerned naturally for your familys well fare.

I hope all goes well at court. Obviously this is a one off and is going to be quite annoying when you think of the 'what if's' . But dont worry to much I beleive in fate and beleive what will be will be, and 15 years is a long time, no matter what happens you'll pull through as a full family and things will work out.
Take care and no more worrying! xx

[brenda]

Come on --lets give the guy a break.

He is probably mortified by his lack of thought, and you must both be worried sick.

I do not know anything about the law , but I do know that I have done things that in the past could be construed as against the law, through lack of thought and / or total stupidity.

As a driver I cannot condone being over the limit, but do feel the utmost compassion for your family in this difficult scenario.

I wish you both the very best of luck with whatever maybe the outcome.

[Annlinda]

Was he charged with driving with excess alcohol or in charge? I ask because the new guidelines brought in on 4th Aug give different punishment for in charge namely points not a ban

[lisapink]

Thank you Loza and Brenda.
Annlinda he was harged with being in charge of a motor vehicle as the car was parked wasn't being driven at the time. The policeman was in an unmarked car and said it was a routine check.
Thank you for your advice.

[New Judge]

Yes, annlinda is correct.

From your original question I assumed he had been charged with driving. For the offence of being "in charge" he can expect a fine of one week's income (reduced by a third if he pleads guilty) and ten penalty points.

[lisapink]

Thank you new judge. I am sorry I didn't make myself more clear.
That is a relief. For the record my husband is gutted about the situation and is sorry for his actions. This is the first time he has been in trouble with the law and I am certain that this will be the last.

[doglady]

Let us know how he gets on!

[DLawson]

Have a look at thelawpages.com and see what others have received for being in charge of a motor vehicle with excess alcohol. Find a good solicitor, experienced in these sorts of cases, and he can present mitigation so your partner does not receive an immediate ban and loose his livelihood.

[biatch20]

Make sure your solicitor stresses what will happen if he loses his licence and make sure your husband apologises for what has happened as this looks good on your part..As it is his first offence i should imagine points will probably be what he gets but please note.....dont even sleep in a motor vehicle if you have had a drink and have the keys in your possession as this is stupidlt classed as drink driving!!! My friend went out for drinks and rather than drink driving home he decided to sleep in the car where it was parked and the police woke him and breathalised him and still did him for drink driving even though he wasnt, because he had the car keys in his pocket!!!! Always beware people have targets to meet