X-Alc

Sentencing Guidelines

Disqualification

Only if this is your first drink driving related offence within the last 10 years, the mandatory minimum penalty is a 12 month ban and a fine. It is not possible to have a partial ban where you can drive for certain activities such as work. A ban means NO DRIVING!

The ban imposed may be longer depending on a number of factors such as the reading you gave and whether there are any "aggravating" features like a police chase, an accident or evidence of very poor driving.

The Magistrates will take into account guidelines issued to them when deciding what penalty to impose.

If this is a repeat offence within a 10 year period, the mandatory minimum penalty is a 3 year ban and a fine. If the repeat offence is within a fairly short period since the previous conviction(s) the Magistrates may wish to consider imposing a more serious penalty such as community service or even prison. Unlike in America, where a day in jail is commonplace, it is quite rare for a custodial penalty of any length to be imposed but you should be aware that the Magistrates do have the power to impose a prison sentence of up to 6 months for any alcohol related offence.

We appreciate that you are probably scared out of your wits by this information. It is EXTREMELY RARE for defendants of previous good character to be sentenced to a period of custody following a drink driving charge. If you are at risk of a custodial penalty, you may qualify for legal aid. However, we do not offer our services under the legal aid scheme. If you are looking for a legal aid lawyer, we suggest you contact the Community Legal Services Board for details of a firm in your area.

For more details about the possible penalties for the offences with which you have been charged, please take some time to consider the penalties and guidelines page.

Court Costs if guilty plea entered at first hearing

The CPS uses a scale when calculating costs. The scale represents the average costs incurred in a wide range of cases. Obviously the more complex a case becomes, the higher the costs and for each additional defendant in a case the total level of costs is increased by 20%.

In a Magistrates’ Court if a guilty plea is entered at the first hearing the likely costs will be one of the following;

• £43 (lower)
• £60 (average)
• £70 (higher)

For more guidance on the likely level of costs that will be sought, please refer to the Crown Prosecution Service website.

Victim’s surcharge

The victim’s surcharge is an additional fixed levy of £15.00 applied by the Court, not the CPS, when sentencing a Defendant. The money generated by this charge is spilt between;

1. The Home Office;
2. The CPS – to put into their "No Victims No Justice" project;
3. Various organisations that deal with witness care.

The term witness is used but it essentially means the money goes to victims of crime. There do not have to be victims directly affected by the specific crime the Defendant was convicted for.

Fine

In addition to receiving a driving ban, you will be fined and ordered to pay court costs. The amount will depend on a few factors concerning the nature of the offence and your own income, but the maximum fine for drink driving is £5000.

It may be possible to arrange to pay the fine by way of instalments depending on your income.

IF INTERESTED IN PURSUING THIS OPTION, PLEASE CLICK ON THE WHAT HAPPENS NEXT PAGE FOR MORE DETAILS ON HOW TO PROCEED

Contact

Phone Us 08000 85 27 84

Address Aeroworks Adair Street Manchester M1 2NQ

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