Author Topic: Drink driving and mobile phone use  (Read 628 times)

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DD

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Drink driving and mobile phone use
« on: June 18, 2024, 07:11:49 am »
28 year old, been driving just under a year. Caught drink driver with a reading of 55. And using a mobile whilst driving. Passenger in vehicle. That’s what’s on the court forms.

What is likely going to be imposed by the court?

Is it worth fighting the phone use, is believed that driver wasn’t using a phone, do have evidence a call wasn’t made at the time of stop. But 2 police officers said phone was in use.

What kind of costs are likely to fight it?

Thanks

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The Rookie

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Re: Drink driving and mobile phone use
« Reply #1 on: June 18, 2024, 08:34:10 am »
As it stands if you plead guilty to both for the DD you'll get a 12-16month disqualification, you won't get points for the mobile offence but will get the licence endorsement and fine (50% of weekly take home les 1/3 for a guilty plea plus 40% of that as surcharge surcharge), Fine for the DD is the same as for the mobile offence.

The ban will likely to be able to be reduced if you attend the Drink Driving Rehabilitation Course which you are very likely to be offered.

If you contest the mobile offence and lose you lose the 1/3 discount and are looking at prosecution costs increasing from circa £100 to £660, there are many ways

I doubt the mobile offence will impact you much apart from the fine given that a drink driving offence will increase your premiums by circa 100% in the first year after you can drive and decrease to circa 25% in year 4 but you could try some dummy quotes via a comparison site using  a false name, different house number at your postcode and a nominal car with and  without the CU80 code for the mobile alongside the DR10 for drink driving (over prescribed limit) which is the likely endorsement code you'll get.
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DD

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Re: Drink driving and mobile phone use
« Reply #2 on: June 18, 2024, 06:39:25 pm »
So you don’t think the licence will be revoked

andy_foster

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Re: Drink driving and mobile phone use
« Reply #3 on: June 18, 2024, 07:13:53 pm »
Assuming that you are referring to a revocation under the Road Traffic (New Drivers) Act 1995 (often referred to as the "New Drivers Act"), you would have to reach a total of 6 points or more.

Unless the court were to award points for the mobile offence in addition to a ban for the drink driving, you're not looking at points.
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slapdash

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Re: Drink driving and mobile phone use
« Reply #4 on: June 19, 2024, 06:23:18 am »
On what basis might you intend to defend the mobile phone use?

What is classed as "use" is wide, much more so than calling.

The Rookie

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Re: Drink driving and mobile phone use
« Reply #5 on: June 19, 2024, 09:20:07 am »
So you don’t think the licence will be revoked
For clarity, the court don't revoke licences, DVLA do.  It's a purely administrative event that they perform when notified of you being awarded points (resulting in you having 6 or more within 2 years of first passing a test), they send out a letter to the licensee notifying them of the date from which the licence is revoked.

For offences committed at the same time (as here) you normally only get the 'licence' punishment (points or disqualification) for the worst of the offences (here the DD), as such while the court 'can' impose the points, it would be very rare for them to do so for the circumstances you describe.  Slightly bizarrely (you could say - oversight by parliament perhaps) a disqualification doesn't result in revocation, only points do.  So no, it's very unlikely your licence will end up being revoked.
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