Recent case: reducing the disqualification
In this short post, we look at how an in-depth knowledge of motoring law can reduce your driving disqualification.
Mr S was seen by police to jump a red traffic light while travelling at speed in the early hours of the morning, he was stopped and found to be over the limit. At the police station, his breath sample showed that he had 85 microgrammes of alcohol per 100ml of breath – the legal limit in England and Wales is 35 – and was charged with drink driving.
The sentencing guidelines indicate a starting point for the disqualification of around 22 months for such a high reading, especially where the offence is aggravated by poor driving, such as jumping a red light and speeding.
At court, Mr S agreed that he would plead guilty and instructed Nick Diable to mitigate on his behalf and reduce the length of the disqualification, if possible.
Mr S works in an office but drives out to meet clients at least three times a week. His employer had agreed to keep him on despite the inevitable loss of his driving licence; however, as his ability to visit clients would be reduced this was likely to impact on his ability to sell to clients and thus reduce his income as he works on commission.
Having taken instructions, it was clear that this was a situation to deploy the case of R v Geale, which was a case decided by the Court of Appeal in 2012. Geale involved a coach driver whose lapse in concentration resulted in the death of a 10 year old boy. The court ruled that “… as a professional driver a disqualification will impose a particular financial hardship upon [Geale]…”. They decided then to reduce the length of the disqualification.
Although Mr S was not a professional driver, the disqualification would nonetheless impose a “particular financial hardship” upon. Nick therefore invited the court to consider this case and set out how the disqualification would impact upon him.
After hearing the mitigation, the court agreed to reduce the length of the disqualification from a 22 month starting point to 16 months. They also allowed Mr S to take the drink driving rehabilitation course, which further reduced the length of his ban to 12 months. In addition, the magistrates reduced the fine from £510 to £340.
If you find yourself in need of expert legal advice on a drink driving matter then do not hesitate to contact the Oxford Drink Driving Solicitor on 01869 866 490.