Blew 85, first time offence :( please advise

Convicted Driver Insurance

babypanda

Member
Hello, I was stopped and arrested on 7/2/16 following a night out. I wasn't driving at the time but i was parked on a zig zag line along side the road after I have dropped a friend home, 1 have failed the breath test at the road side and also at the police station. They have tested me for drugs also which turned out to be positive for cocaine but they have dropped the charge since.

As I do not have a solicitor number on hand I had to get legal aid solicitor to release me from the police station custody since I have been held there for 12 hr at the point of arrest and release. After consulting with the legal aid adviser I was told I should pled guilty in court which I also intend to do so. I was advise to answer 'co comment' during the police interview, is this the best course of action?

As for migitating factors I have been stressed out pending a possible chronic illnes diagnosis as I have still waiting the blood test results to come back to confirm. I have no former criminal convictions and clean license for 10 years.

As for aggravting factors I have admitted driving and I told police officer I have just dropped my friend home. The distance driven was roughly 2 miles.

I have now been formally charged for In charge of a vehicle with excess alcohol and also for stopping at a pelican crossing.

I have really scared now I will go to prison and the possible outcome of the sentence as police said I am 3 times over the limit. Please advise.
 
First and foremost I cannot answer whether going no comment was the best option in the interview, the duty solicitor will have given their advise based on more detailed instructions and a review of any disclosure the police provided.

If the police have charged you with drunk in charge then this is a less serious offence than drink driving and carries a lesser penalty. In any event a reading of 85 for being in charge of a vehicle places you into the second sentencing bracket which advises the imposition of a Band B fine and either 10 penalty points or a disqualification. There is no risk whatsoever of a custodial sentence being imposed.
 
In this case should I go for an expert solicitor to represent me in court. Is this still possible once I have filled in the paper work the legal advisor have given me?
 
I am unsure which paperwork you are referring to. If the duty solicitor who has represented you at Court is applying for legal aid then yes, you are still able to cancel this and instruct someone else. However typically speaking only local firms will be granted legal aid for matters like this so if you were to instruct a non-local specialist it would likely be privately funded.

If you are interested in obtaining legal representation you are welcome to call my department on 0333 999 7158.
 
I was asked if I wanted legal aid which i didn't know what it was so i said yes and filled in the paperwork for legal aid such as income per week etc. However I am very confused at this point as I won't be qualified for legal aid does that mean i have no solicitor? I was given the contact address and phone number and the name of the solicitor's firm but upon calling them it seems they dont know a thing about this at all. I don't want to get a solicitor and then have the legal aid one turning up at the same hearing.
 
I'm afraid that this is something you will have to clarify with the firm you spoke to. If they have definitively told you that legal aid has not been granted then the only way that they will represent you at the hearing is if you fund them privately. If you have not done so then you are of course able to instruct another solicitor, should you wish to do so.

If you are unsure as to whether legal aid has been granted then I would advise contacting the firm you spoke to, and ideally the person that you spoke to if you can remember their name.
 
Thanks for your advise, I been to court today and represented myself as I did not have the money to hire a solicitor to defend me. I plead'd guilty and was sentenced to 6 months ban and £380 fine.
 
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