Safe Speed Forums

Hiya, I stumbled across this forum while I was looking for answers to a couple questions & so hope I'm asking them in the right place.

Basically, I got banned from driving for a year on May 9th this year after I had 3 pints and thought I could drive home. Long story short I got pulled & breathalised and gave a reading of 52 (if my memory serves me right), so obviously I went to court and the rest and ended up with a 12 month ban.

Now my lawyer had told me that I'd probably be offered a place on the Drink Driver's Rehabilitation Course which if I attended and passed, could knock my ban down to 9 months. However the judge that sentenced me decided that she wasn't going to give me the chance to go on that course because I "wasn't drunk enough"(!) So question 1 really, if anyone could help, would be; is there anyway to appeal that decision or get onto the course in another way? It seems a bit unfair to me that if I'd probably had another couple pints I might've been better off! But maybe that's just the way it works.

Question 2 is really just something I've heard from a few people, that there is some way that you can apply to get your license back early if you've had good behavior or something along those lines? If that's true I'd love to find out where and how because other than this ban I have a clean criminal record. It didn't sound too realistic to me but I've heard it from 2 different people so I thought I'd have a search around.

Any help would be massively appreciated.

Thanks

You might have a chance - I will explain.

About a year ago, I was about to get a speeding summons and went to Magistrates' Court to sit in on a few cases to familiarise myself with court procedure. One of the cases that came up reminds me of the situation you're in now.

A man who had been banned for drunk driving appeared in court to appeal for a reduction in his ban, on the grounds that he had taken it upon himself to attend a rehab course. Unfortunately for him, the rehab course he'd attended was not one of the ones recognised by the court, so they could not grant his wish. However, they were prepared to consider it further, provided he could supply medical reports, including the condition of his liver. That's as far as the case went on the day I attended.

From this I deduce that it MAY be possible for you to organise your own rehab programme (make sure it's one that's recognised by the courts) and for you then to go to court to appeal for a reduction in your ban.

You will have to ask your solicitor about how to arrange for the court to hear your case.

On a diffeent but similar theme, a chef who crashed a car and killed an occupant whilst drunk completed such a course and was applying to reduce his 5 year ban. He got it reduced by 11 months but needed to appeal a second ban in another court
He was arguing that he had
1.Represented himself at the first trial (
2 Turned his life around
3 Needed it for work/career

I did not kow you could appeal 4 years after the event and I was supprised at the outcome.
story here : http://archive.andoveradvertiser.co.uk/ ... 06889.html

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Speed limit sign radio interview. TV Snap Unhappy
“It has never been the rule in this country – I hope it never will be - that suspected criminal offences must automatically be the subject of prosecution” He added that there should be a prosecution: “wherever it appears that the offence or the circumstances of its commission is or are of such a character that a prosecution in respect thereof is required in the public interest”
This approach has been endorsed by Attorney General ever since 1951. CPS Code

And the moral of the story - use a taxi service if you're going for a drink, or else go on foot. I'm not a tee-totaller by any means, but I never drive after a drink. I probably spend a few hundred £ a year on taxis, but this is much, MUCH cheaper than the alternative.

Thats not the way it works. Courts are instructed to offer the course to any driver who they feel will benefit. I don't like offering the course to anybody who has taken it before but other than that I offer it to every drink driver. You could have appealed the decision at the time but its probably too late to do now. As a matter of interest was it a judge ie a single person on the bench or was it a magistrate ie two or three people on the bench with one speaking as chair?


There is a way but you dont qualify as it only applies to bans of two years or more.

if you have served at least 2 years of a ban of up to 4 years you can apply for your license back.
if you have served at least 5 years of a ban of 10 years or more you can apply for your license back.
Also if you have served at least half of a ban of 4 years or more but less than 10 years.

if refused you have to wait at least 3 months before applying again. To be successful you would need to show that you no longer present a danger to the public from drink driving and that it is is in the interests of justice that you get back onthe road. Thats usually family circumstances eg need to drive someone for cancer treatment, need to drive for a job to prevent loss of house.

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I am not a lawyer and can't give legal advice. I do have experience of the day to day working of courts and use that knowledge to help where possible. I do not represent any official body and post as an individual.

Thanks for the help everyone, I'm gonnae have a look at the options you've pointed our for me.

Thanks for clearing up the 2nd question fisherman. The judge was only one person, she had already offered the course to tow or three other people before me that day so must've had a reason for not giving me the chance, I'm sure the thinking was something like "he wasn't drunk enough, he should've known better". At the time my lawyer told me there wasn't really anything he could do about it so I just left it at that. Maybe I should go and talk to him again. More money, but it would be worth it.

Thanks all.

I thought that would be the case. I'm not sure why, but DJs seem very reluctant to follow the guidelines and recommend the rehab course.


If anybody is in this situation and the course is not mentioned they should stand up and ask the sentencer to consider recommending the course as no mention of it at all will mean they have forgotten it. If it is specifically stated that it will not be recommended you should always ask for a clear explanation of why not at the time sentence is pronounced. You have a right to know so don't worry about making things worse. The only reason that is universally accepted for refusal is clear evidence to show that the defendant would not benefit from the course. A driver who has taken the course before and re-offended is normally considered to be in that category, although courts would be open to persuasion as to the benefits of a second course in individual circumstances.

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I am not a lawyer and can't give legal advice. I do have experience of the day to day working of courts and use that knowledge to help where possible. I do not represent any official body and post as an individual.

thank for your explanation of the proceedures. Could you feed back that in the cases that I have attended the bench rarely tell the offender who they are.

It would be fair and reasonable for the offender to now which district judge sentenced him or her. When appealing the first question is usually which judge.

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Speed limit sign radio interview. TV Snap Unhappy
“It has never been the rule in this country – I hope it never will be - that suspected criminal offences must automatically be the subject of prosecution” He added that there should be a prosecution: “wherever it appears that the offence or the circumstances of its commission is or are of such a character that a prosecution in respect thereof is required in the public interest”
This approach has been endorsed by Attorney General ever since 1951. CPS Code

There is no requirement for any judge to announce his or her name in court and I have never heard anybody do so. However there is no such thing as an anonymous judge or JP and the usher will always give you the name(s) if you ask.

In a busy plea and adjourn court we may see anything up to 40 cases in a day and with 3 of us to give names it would take too long. And thats before you are asked how the name is spelt and if you are related to the defendants next door neighbour who shares the same surname.

_________________
I am not a lawyer and can't give legal advice. I do have experience of the day to day working of courts and use that knowledge to help where possible. I do not represent any official body and post as an individual.