Drinki Driving - Special Reason Argument - Granted Legal Aid

Convicted Driver Insurance

Londoner

New Member
Hi, i have a special reason argument but i am totally unsure if it will get me in to more trouble or it will help my case.

It's a very complicated story but i will try to make it sound as simple as i can.

I have been caught drink driving few months back and my case has been adjourned few times and my pre trial is coming up on the 23rd of this month. I have been granted legal aid but i can also pay privately if it is going to help my case.

Ok, just a little bit information prior to getting caught drink driving. I have been living in London for all my life and around 5 years ago i was a member of one of the notorious gang's in London. I have never been involved any sort of trouble while hanging around with them but the social club next to my house was owned by them and that was the only place we use to hang about. My life was going down a deep hole. One day in the social club where the gang operated i have witnessed a young guy getting tortured really badly and that was the day i have realised i wasnt the meant to be there as i couldnt take it any more. That day a few hours after the incident i have contacted my local police and have told them all about the incident and i was a silent witness in the case and have asked them to keep my name hidden. That same day the police raided the social club and i dont know what happened to the guys after the raid.

After this incident, i wanted to change my life around and become a new person as i believed i didnt belong to that sort of lifestyle and my family have supported me to change my life around. Around a week after the incident i have recieved a text message by a friend from the gang saying that i'm a snitch and i am going to pay for it and recieved many life threats. After that i have decided to move to Hertfordshire where i would set up a new life for my self. Fortunately i have started working and even finished a degree in Hertfordshire University which i graduated from last year. I have no criminal record or convictions.

After finsihing the University i have decided to move back to London to live with my family and find a better job in London.

I have fortunately found somewhere to work in London after moving back and my life was going in the right direction. On the day i was caught drink driving it was a day out with my sister my cousin and a uni friend to celebrate my uni results. My sister was the owner of the vehicle and also a named driver on the vehicle. I was also insured to drive my sister's car but that day my sister was driving us to the club as she doesnt drink and i would be drinking. That night we was having a good laugh and we went out with my cousin to have a cigarette outside the place and as we were smoking i heard someone shout my name out and saying you snitch, it was one of my old friends from the gang. It took them around 2 minutes to surround me, they started questioning me and asking me why i went to the police about the incident 5 years ago, i have tried explaining that i havent contacted the police as i had to lie. They wouldnt have it, they have asked me to go with them, as they were talking to me agressivelly i could even see the gun around his waist. They were keep on asking me if i know what snitchs deserved. I was in a shock i didnt know what to do i pushed one of the guys over and ran, i grabbed the keys out of my sisters hand and few minutes later I jumped in to the car and drove off. I only drove the car around 700 yards and i have stopped on the side of the road, i have realised the police coming towards me and so i got out, but i had no chance of telling the police about these guys, i know how dangerous they are, im not only scared of my life but my family. The police had done a breath test and i was over the limit and i was taken to the police station and my breath limit was 85.

I had no other chance but running away from that scene, i cant tell the police about these guys again, i still have pyshological disorders, my life is now ruined. I want to know if my special reason will get me in to more trouble with the police as i was an ex gang member even though i dont have any convictions and I am still cautious about the gang.

I had decided not to tell the court anything about the case until last saturday where the gang have attacked me outside a bar where my cousins birthday took place and i was left with serious damages to my left eye, my head was seriously damaged. I was taken to the hospital and i have the notes for this incident and pictures taken with all the cuts and bruises in my face. On the day of the incident it could of ended up with more severe damages but the bodyguards of the club was involved and took me inside.

Now i have decided to move back to Hertfordshire and carry on with my life there but my licence been taken away will make things harder for me, i just cant live with this fear in London.

What will you people advise me to do?
 
If the Court accept your account of events then you would have a defence of "duress" which if successfully argued would result in you being found not guilty. To prove duress you must show that you were in genuine fear for your life or in fear of serious harm. To argue duress you should plead not guilty.

Alternatively, if you chose not to argue duress you could plead guilty but argue Special Reasons based on emergency. If successful this would allow the Court a discretion not to disqualify you from driving. The court would have to be satisfied on the balance of probabilities that this was an emergency situation. They would consider what, if any , alternatives were available to you. The test is whether a reasonable and sober person present at the time, aware of all the circumstances, would have advised you to drive.

Your biggest difficulty is likely to be proving that you are telling the truth. You would be well advised to gather evidence from any police officers who were involved int he original case in which you supplied information about the gang and who knew you were an informant. You should also gather evidence from the hospital who treated you for the recent injuries you suffered at the hands of these gang members. You should also gather witness statements from eye witnesses and witnesses as to fact who are able to confirm your involvement with this gang and the fact you were at risk of serious harm.

Your case will not be easy to argue.
 
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