In a weekly column, solicitor Juliet Phillips-James casts
Her expert eye over a range of legal matters and urges anyone with any questions or problems to come forward for help.
QI was arrested two months ago by the police as I was over the alcohol limit for driving. It was a stop check. I have never been in trouble before and have no previous convictions. I have been told by the police that the limit was 35 microgrammes of breath. I blew into the intoxilyser machine at the roadside and was 95 in breath. I arrived at the police station and gave a further sample of breath, which the police told me was for the proper evidential test. My reading was 125 in breath. The police said that I was in excess of the legal limit by over three times. I was later charged by the police with drink-drive and bailed to attend court in two weeks’ time. They even told me to obtain legal representation as this was very serious. I have not been to court before. I told a friend about this and he told me not to worry, as it was just like drug-driving (with one drug in my system) and if there was no impairment in driving it did not matter how high my reading was it can only be a 12-month ban. Is this true?
AUnfortunately, the information that your friend has given you is quite wrong. The law as regards drug-drive is quite distinct from drink-drive. Drug-drive has sentencing guidance which is wholly different from the long established drink-drive sentencing guidelines. The district judge or magistrates in nine out 10 cases will follow the sentencing guidelines.
In relation to your reading it is very high. A reading between 120-150 on the guideline sentence is a high level community order to 26 weeks custody. The starting point sentence is 12 weeks custody. Aggravating and mitigating factors will make a difference as to whether the starting point sentence increases or decreases. In your case it appears that the only aggravating factor is the reading. The fact that you are of clean character (together with an immediate guilty plea) is likely to persuade the court to not impose an immediate custodial sentence. I would think that you will either receive a high level community order or a suspended prison sentence order. In addition, you will be disqualified from driving, and the likely disqualification will be for between 29 to 36 months.