Charge with drink driving, blew 101

[Marklynch244]

I was charged on Saturday with driving a motor vehicle whilst above the legal limit. They did not see me driving the car at any point but I was pulled up on the road side. I blew 101 and this is my first driving offence. I am seriously worried right now as I'm in the military also and it's not just the court case I have to face it's also my superiors. What I am asking is there a real need to have a solicitor present at the magistrates as I believe that I'm banged to rights about it all. I'd like to know what benefit would I have employing a solicitor in such a case. I was fully compliant with the police although they still handcuffed me for no reason and I even made a phone call in the back of the police car whilst in cuffs also which I find strange. This doesn't change the fact. I felt fit enough to drive the morning after a night out but upon being tested my level suggested I shouldn't have even been standing up let alone driving. It took 12 hours for my body to reduce down which I also find worrying as it seems I cannot process alcohol like any normal average person would within 8 hours. I fear I will lose my job and I've read the starting point for a high risk offenders sentence also which is a community order. That alone will lose me my job regardless of anything else. Please can somebody give me any advice. Also when will I get to read or hear the statement from the office that arrested me. I thought I would see this info prior to my court date which is in 2 weeks Wednesday.

 

[SeanJoyceStephensons]

Firstly, there must be some evidence of you driving the car for a court to convict you. This may be circumstantial (for example, the fact you were stood alone, next to the car, when the police saw you) or as a result of admissions you may have made (admitting you were the driver at the roadside or in a police interview).

If you have an inability to process alcohol which is well outside the normal parameters then this is something that may justify further investigation to establish whether or not it amounts to a special reason.

In the absence of a special reason then a breath reading of 101mg in breath carries a medium level community penalty and 23-28 month disqualification on the sentencing guidelines.

As a member of the military you may well be disciplined by your superiors. I cannot comment on this but many professionals would face a similar problem in the same circumstances. Loss of job, or risk of that, may be personal mitigation that a court will consider when pasing sentence but it's not a factor that will avoid a ban.

The benefit of having a solicitor is that they will guide you through what is otherwise a very stressful procedure. They will apply for a copy of the prosecution evidence before the hearing, advise you on whether the offence is made out based on the evidence, take a statement from you, advise you on precisely what to expect, make sure you get your side of the story across to the magistrates in a clear and compelling way and ensure that you receive the minimum punishment possible in the circumstances.

For alcohol readings which are 2.5 times over the legal limit, which in breath amounts to 87.5mg in 100ml of breath, then the DVLA categorise you as a High Risk Offender. Before their driving licence is returned by the DVLA High Risk Offenders must satisfy a medical advisor approved by the DVLA that they no longer have a drink problem and are fit to drive a vehicle. This is done through a medical questionairre and examination and will involve blood analysis.

If you want help arranging a drink driving solicitor to represent you then call our helpline on 0333 323 3728.

 

[Marklynch244]

Many thanks for the prompt information. Yeas I will be severely punished by the armed forces act and probably lose my 18 year career also. What I'd like to ask is do I need to make an early ple of guilty to the court prior to my case being heard and is that a simple.phone call or in writing. Many thanks

 

[SeanJoyceStephensons]

You will only be expected to enter a plea at your first court hearing. There is no need for you to anything before that. If you intend pleading guilty then you'll be given full credit by pleading at that first court hearing.