How to reduce a drink drive ban by up to 25%
Always if you are unsure about any of the advice and
information provided here.
Your solicitor will
require to ask the court at time of sentence to
consider making a drink drive rehabilitation
reduction. Many Sheriffs do not accede to this
request without a full and detailed explanation as
to why. Some think that it should only be allowed
where the drink drive limit has only just been
exceeded others consider that it is only appropriate
where there is a drink problem. Each Sheriff has to
be approached with the benefit of experience and
understanding when making a suggestion that you
should be placed on the scheme. It can reduce your
disqualification period by 25% but the Sheriff can
exercise his discretion and allow a shorter period
of reduction. Again a situation where an can make a big difference to the
outcome.
The course fee is
£130 (£95 if on benefits). Upon conviction your
solicitor must intimate to the court that you agree
to attend a Drink Drive Rehabilitation course and
the court will consider a reduction of your period
of disqualification. The solicitor has to know when
it is appropriate to recommend such a reduction.
The Drink Drive
Rehabilitation Scheme has been thoroughly tested and
is regarded by many Sheriffs and Magistrates
throughout Scotland as a proven method to reduce the
re-offend rate. It is an ideal disposal for
the offence of Drink Driving, to be used in
conjunction with a disqualification period, plus a
fine, community service, probation order or
custodial sentence, as the severity of the offence
dictates.
Once the verdict
and penalty have been announced, the Court must
decide whether the offender is suitable for the
Scheme. Most Courts, conscious of current 'Human
Rights' legislation, refer all drink drive offenders
for training.
Making a Referral
Order involves the following:
- assessing
suitability
- offering the
course to the offender
- the offender
accepts or declines
- the Hearing
ends
- if the
offender accepts, the completed Referral Order
is forwarded to the training provider
The guidelines to
the Scheme list several factors which affect
suitability:
- a place is
available on an approved course. We can
recommend VMCL(VMCL are approved training
providers and guarantee to train all offenders
referred to them under the Scheme, making it
unnecessary for the Court to check availability)
- the offender
is at least 17 years old
- the offer has
been explained to the offender in ordinary
language
Once an offer has
been made to the offender, the Court should state:
- the amount of
reduction in the disqualification period the
offender will receive for completing the course
- the date on
which the reduced ban ends
- the date by
which the course must be completed
The offender must
agree to the offer of attending the course before an
Order is made. Inclusion in the Scheme is
voluntary; there is no penalty for choosing not to
be included.
After the Hearing,
the Court's administration section creates the
Referral Order. The Order is signed by an Officer
of the Court and a copy forwarded to the training
provider.
You attend as
required and upon successful completion of the
course you will be entitled to a reduction in your
period of disqualification.
For More
Information on How the scheme works and where the
courses are held, checkout the