Self mitigation?

Convicted Driver Insurance

Simon852

New Member
Hello. I am wondering whether to bother getting a solicitor for a pending court case.

I am a touring musician and played a gig recently, after which I stupidly drank two 5% cans of cider over an hour, drove 125 miles and more stupidly had another cider after about 2 hours thinking I'd be OK. I normally eat after gigs but had an empty stomach as the food I took from the venue was disgusting - it had been left out all night and I couldn't manage it - I wish I had now(!) At 500 yards from home I was pulled over by a patrol car (51mg in breath). Spent night in cell, charged etc. Co-operated fully, what else would anyone do anyway?!

This will prove devastating to work and family. My band are fully booked throughout the UK 'til 2015 and I don't know how I'm going to meet the dates; I am the main performer in the band and the gigs have been booked on the strength of me being in the line-up. My car is essential in my work, as band members live all over England. I have recently been under huge stress with health issues, plus recent stress of moving home twice in 9 months, which sparked my occasional drinking having stopped altogether in 2012.

QUESTIONS:
1) Does a drink-driving offence stand any chance of worthwhile mitigation if the defendant was, or had recently been, taking prescribed oral steroids, antibiotics, and steroid inhalers for severe chest/asthma problems at the time of offence?

2) If I defend/mitigate for myself, is there a limit to how long I speak or is it up to me?

3) When submitting figures for Legal Aid or to the magistrates relative to the fine I will receive, do I have to give last year's figures or should I give current figures, or projected figures seeing as I am likely to lose my livelihood through this? It seems that I will qualify if so.

4)I am concerned about the disclosure of my address at court relating to newspaper reporters . I live in a Park - my house is the only house in the park (ex-Park-keeper's Lodge) and as a fairly well-known musician and performer I would like to keep this detail private, more importantly to protect my family from possible undesirable elements in the park. Can I request to the court/reporters that in any news item, my address relates to the adjoining road (Royal Mail do officially have this on the address) and leave the actual House out of it?

Many thanks for your time, Simon
 
I'm afraid that if pleading guilty to drink driving a disqualification is mandatory, unless you can plead special reasons such as only having driven a very short distance or your drinks being spiked, none of which seem applicable based on the information provided. The Magistrates sentencing guidelines advise a 12-16 month disqualification and a band C means tested fine for a reading of 51 in breath. You should also be offered the drink drive rehabilitation course which will reduce the length of the disqualification by up to 25% upon completion.

The medication that you are currently taking would not be mitigation to the offence and to the best of my knowledge they should not affect your alcohol levels. However the only way to know for certain if there had been any impact would be to instruct an expert to look into it and prepare a report. If you were to put mitigation forward yourself there is no set time limit for you to put the information forward, but the Court will not want to spend half an hour listening to very detailed explanations of all negative impacts; it is better to balance between making the information concise whilst still giving a clear picture of exactly what the impact will be to yourself and others.

The financial means form is used in the calculation of the fine and asks for monthly earnings and expenses, although you can explain to them that you are going to be out of work once disqualified and these figures will therefore change significantly. Legal aid is normally only available for motoring offences when there is a risk of loss of liberty, e.g. a custodial sentence, therefore I think it is very unlikely that it would be granted in your case.

The Court will have a registered address for you, if this does not specify your house then this information will not be available to any journalists who may wish to report on the case. However the press are entitled to report on the case and to disclose publicly available information such as the offence itself and the sentence passed.

Whether you should be legally represented is entirely a decision for you, mitigation can be relevant in terms of keeping the length of disqualification as low as possible. My department specialises in motoring cases and have significant experience of dealing with drink driving matters, if you would like to discuss representation you are welcome to call on 0333 999 7158.
 
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