Drink/driving - Return of licence after disqualification, Drunk in charge penalties ( 2.5.4.L2 )

LOCAL INFORMATION

2.5.4.L2
Drink / driving
Possible penalties and appeals for return of licence

Extent: Jersey
Updated: 23 March 2017

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Words you may need to know

Penalties -  punishment for a crime or breaking a contract/ rule etc

Amended - changed , altered or updated

Community service - working unpaid for the good of the community and supervised by the Probation Department

Not exceeding - not more than

Disqualified - to take away the legal right to do something, banned or barred.

Under the influence - your body is subject to the control of, or being affected by something, usually drugs or alcohol

Imprisonment - sent to prison

Discretion -  freedom to decide, someone's judgement

Circumstances -  the condition affecting a situation

Incapacity - a physical or mental challenge, making learning or carrying out basic tasks difficult

Administrative costs  - clerical , secretarial costs

Drunk in charge (D.I.C.). Possible penalties. Road Traffic (Jersey) Law, 1956 as amended

First offence

If you were just over the limit, the likely fine would be up to £2,000 plus the loss of your licence for twelve months.
If you were two or three times over the limit, the fine could be up to £2,000 plus the loss of your licence for two to two and a half years.
As well as the fine, or instead of, there is the option of you being given community service as a penalty.

Second offence

You could receive a fine not exceeding £2,000 or sent to prison for a term not exceeding 3 months.
You may be disqualified from holding a licence for a period of three years if the second offence was committed within 10 years of the last offence.

Death by dangerous driving / driving under the influence

If you are found guilty of an offence you are liable to a fine or to imprisonment for a term not exceeding 10 years or both.
You may also be disqualified for a period of 2 years from holding a licence or a longer period at the discretion of the Court.

Appeals for return of driving licence following drink/ driving ban

If it is your first offence, the minimum ban is 12 months. Therefore anybody who has a longer sentence can apply, after 12 months, for the early return of their driving licence, if circumstances have changed. Example of a change of circumstances would be; possible loss of your job, or the illness/incapacity of your wife/ parents.

An application can be made in writing by you without the need for any legal help.

• Write a letter addressed to 'The Magistrate' at Magistrate's Court Greffe, Union Street, St Helier.
• Say when you were banned, the length of the ban, and the reason
• Say you are applying for the early return of your licence
• Give the reason why e.g. loss of job
• Say you've learnt your lesson, have completed community service (if that applies - give any references from the Probation Service)
• Give any references you might have , e.g. future employer
• Include a cheque for £50 or Treasury Stamps (from States Treasury), this is to cover administrative costs and is not returned if the appeal is refused.

If the Magistrate agrees to your request, you will have to attend the Magistrate's Court to have your sentence formally reduced.

If your application is refused you will have to wait for the ban to expire, you cannot appeal to anyone else.