High Reading Discharge and Limited Licence

Background

Mr W faced an excess breath alcohol charge with an extremely high reading of 958 micrograms per litre of breath - nearly four times the legal limit of 250mcg. As a diesel mechanic requiring driving for his employment, he initially received incorrect legal advice from a duty lawyer, leading him to sell his car under the mistaken belief he would be eligible for a limited licence with such a high reading.

The Challenge

This case presented exceptional circumstances requiring specialised legal intervention:

• Extremely high breath alcohol reading: 958mcg reading amongst the highest possible whilst still functioning

• Limited licence ineligibility: High reading precluded standard limited licence applications

• Employment dependency: Diesel mechanic role requiring driving capability for work

• Previous incorrect advice: Client had already acted on erroneous legal guidance

• Financial impact: Car already sold based on misunderstanding of legal position

• Professional consequences: Career threatened without driving privileges

  
  

Our Approach

Upon consultation, we immediately advised Mr W that his extremely high reading meant he would not be eligible for a limited licence under normal circumstances. We identified that a discharge without conviction represented his only viable option to preserve his driving privileges and employment. We structured a comprehensive application including evidence of his employment needs whilst demonstrating his commitment to rehabilitation through voluntary community service.

Outcome

Following Mr W's completion of 40 hours of community work as part of our strategic approach, the court granted the discharge without conviction application. This enabled:

• No conviction recorded: Mr W's driving record remained clean despite the high reading

• Limited licence granted: Ability to drive for essential purposes including employment

• Employment preserved: Continued ability to work as a diesel mechanic

• Rehabilitation demonstrated: Voluntary community service showed genuine remorse

Significance

This case demonstrates how strategic legal advice can rectify the consequences of previous incorrect guidance whilst achieving exceptional outcomes in seemingly impossible circumstances. The successful discharge application for such a high reading shows the importance of comprehensive preparation and demonstrating genuine rehabilitation efforts, even where traditional sentencing options would normally apply.