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The Coventry Telegraph has referred to a 58 year old man who was disqualified for a period of 3 years after being found over the drink drive limit for a second time within a 10 year period. The minimum mandatory period of disqualification is 3 years in such circumstances.
Joseph Talbot was 4 times over the drink drive limit when he was arrested on September 12th.
Tests at the police station revealed that Mr Talbot’s alcohol level was at 140ųg in 100ml of breath, the legal limit being 35ųg.
The Magistrates Court Guidelines suggest a period of disqualification for a first time offender of 29-36 months and the starting point is 12 weeks in custody. Mr Talbot’s circumstances were aggravated by the fact that it was such a high level of alcohol coupled with the fact he had a previous conviction within the last 10 years. Indeed, the Magistrates Court Guidelines suggest a starting point of a 12 week custodial sentence where the reading is at 120ųg or above.
It would seem that the Magistrates did exercise leniency in the circumstances as he received the minimum period of disqualification possible of 3 years for a second drink driving conviction within 10 years.
Mr Talbot was also offered the drink drivers’ rehabilitation course which will reduce his disqualification by up to 25% from the original sentence. In effect this means that his disqualification period will be 2 years and 3 months if he successfully completes the course. Given all the circumstances, it is our view that Mr Talbot received the best possible outcome as a period in custody was a real possibility.