Clarification Regarding DR10

Amrit Singh made this Freedom of Information request to Sentencing Guidelines Council

The request was successful.

From: Amrit Singh

3 November 2009

Dear Sir/Madam

Please could you provide me the following under freedom to
Information Act: -

1.) "Driving a motor vehicle with excess alcohol (i.e.offence code
DR10) is indictable offence and carry a possible two year sentence
if tried by jury". Is this statement true or false?
2.) What is the maximum punishment for "Driving a Motor Vehicle
with Excess Alcohol"?
3.) Can it be Indictable? If yes what is the maximum sentence if
tried indictable?

Please confirm the receipt of the request and please try to reply
soon as i am in urgent need of information.

Thank you in advance for your time and effort.

Yours Faithfully
Amrit Singh

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From: Ezete Ebere

11 November 2009

Dear Mr Singh,

Thank you for your email which makes a request under the Freedom of
Information Act 2000 for information relating to the offence of Driving
with Excess Alcohol. 

This offence is contrary to the Road Traffic Act 1988, section 5. The
maximum penalty for this offence is set out in the Road Traffic Offenders
Act 1988, schedule 2.  Both these statutes are already in the public
domain. 

This is a summary offence not an indictable offence; the maximum penalty
for this offence is a fine of £5000 and/or 6 months imprisonment.  On
conviction, except in the most exceptional circumstances an offender will
be disqualified for at least one year rising to a minimum of 3 years on
second or subsequent conviction.

The guidelines to which a court must have regard when considering sentence
are in the Magistrates' Court Sentencing Guidelines (on page 124) issued
by the Sentencing Guidelines Council.  These can be found at
www.sentencing-guidelines.gov.uk. 

Yours sincerely

Bee Ezete

Sentencing Guidelines Secretariat

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