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News

Driving with Excess Alcohol 04/06/2010

Carl recently represented Miss B at Sevenoaks Magistrates Court in Kent in relation to an allegation of driving with excess alcohol.

Miss B did have a previous conviction, albeit 9 years ago, in relation to an offence of being in charge of a mechanically propelled vehicle whilst unfit through drink or drugs. This offence was distinct from the more recent charge of driving with excess alcohol and therefore does not count as a second offence in 10 years whereby there would have been a minimum period of disqualification of 3 years. Powerful mitigation was presented on behalf of Miss B by Carl Millar which resulted in the minimum period of disqualification being imposed in accordance with the Magistrates Court Guidelines. Miss B’s level of alcohol was at 77ųg in 100ml of breath. The guidelines suggest a period of disqualification of between 17-22 months where the level of alcohol is between 60ųg and 89ųg in 100ml of breath. Miss B was only disqualified for a period of 17 months, reduced by a further 25% upon successful completion of the drink drivers’ rehabilitation course.

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