PLEA OF MITIGATION

[johnsmith]

Dear Sean,
On the 2nd of July at apprx 22.50 pm I left my house in Putney and drove towards my sister’s fiancé’s birthday house party in Islington. I reached Islington at about 23.20 pm
As I knew I was going to consume alcohol at the party, I safely parked my car in Islington as we went into a nightclub called Fabric near Farringdon, London via a taxi. We left for the club at about 12.30am and returned back to Islington at about 2.45am using a taxi.
I clearly knew I had consumed enough alcohol not to drive the car so I decided to sleep over at my friend’s house in Islington.
I woke up at around 8.10am and felt that I was in the condition to drive so I set off to go towards Putney. Unfortunately, I was 10 minutes away from home when I accidentally crossed a red light on Fulham Palace Road, in Fulham. I was pulled over by the police for this offense. However, I was also asked to take breathalyser test and the reading was over the limit and I was arrested at about 8.45am. (89 mg in 100 ml of breath)
I was shocked by this result as I did not expect such a high amount of reading as I thought I had slept the alcohol off . Moreover, this is the first time ever I have had any criminal or motoring offense my entire life. I do not have a single point on my license and I am a very careful driver hence why I consciously chose to sleep over at my friend’s house.
I pleaded guilty based on the reading. Now I need your advice on how I can request for a plea of mitigation based on my circumstances. I work in business to business sales and I have a company car hence my job and my life depends on me driving!
I really need your advice on the following:
1) How I can ask for a plea of mitigation and be given a lenient sentence?
2) What evidence do I need to present to help my case?
3) How do I approach my employer with this matter as I am not sure whether to mention this to them before or after the hearing?
Kind regards,

John

 

[SeanJoyceStephensons]

This is a high reading for first thing in the morning, more than double the legal limit (legal linmit is 35mg in breath). The Courts use a set of guidelines for all offences, including drink driving, when considering what level of punishment to hand out. The guidelines for a reading of 89mg in breath place you on the border of two brackets. For readings of up to 89mg the guidelines say a fine and ban of up to 22 months should be imposed. However, at 90mg the guidelines increase the punishment to a community order (unpaid work , supervision, curfew, etc) and a ban of 23 to 28 months.

The full guidelines can be found here:
http://www.drinkdriving.org/drink_driving_sentencing_guidelines.php

In addition you should ask the court to refer you to the drink drive rehabilition court which entitles you to a 25% reduction in your ban.

You should arrange legal representation in advance of the hearing, spend time dscussing your case with your lawyer and preparing your mitigation before going to court. Obtain as many helpful references as possible and get advice from your lawyer about which ones you should rely on.

If you intend to represent yourself then have a look at the guide to the MAgistrates Court on this web site. It can be a nerve racking experience and it is not always easy to speak publicy on your own behalf in situations like this. Unfortunately, in general, Courts do not allow anyone other than you yourself or a lawyer to speak on your behalf.

As far as your employer is concerned it is a matter for you when you decide to tell him. Have a look at your employment contract and disciplinary procedures and see what they say about convictions of this nature. If you are a member of a Union or similar organisation, take advice from them about where this might leave you. If you have a supportive employer then you may want to ask him/her for a references to use in court as well.

If you would like to have a more detailed chat with one of our specialist lawyers about ways of reducing your punishment then call us for a free, no obligation chat on 08450020736.