Arrested 110mg whilst having Depressive episode

[DONT JUDGE ME]

I am a medicated depressive with a history of Alcohol abuse, seriously depressed episodes & numerous attempted suicides Although none other was by use of a car. However my recent attempt on my life after failure to take medication & drinking heavily resulted in me driving my car off the road. Fortunately or unfortunately depending on your perspective I was not seriously hurt, but was arrested on scene & detained at the local police station. I blew 110mg and stated that I was attempting to kill myself during interview & that I had an illness. A Doctor assessed me at the time.
I have a previous conviction 17yrs ago. Since my arrest I have contacted the Mental Health Crisis team as I still struggling with my illness.
Although I had an appointed solicitor at the station, due to my mental & drunken state I am not too aware what happened & confused what happens next.

My questions are;

1. Is my illness considered when in court?
2. As this is a second offence can I expect a custodial sentence?
3. If not what can I expect?
4. My appointed solicitor has only said he will meet me 1/2 an hour before my court appearance, this doesn't seem fair as the only time he has been able to question me or form a defence was whilst I was unmediated & still under the influence of drink. Can I get another solicitor & I am unemployed, am I entitled to legal aid with my husband in full time employment?

 

[SeanJoyceStephensons]

Is my illness considered when in court?
Your illness is something that you can offer as part of your overall mitigation and as an explanation as to why you had so much to drink before driving. It will not provide you with a defence to the charge and it will be a matter for the magistrates as to how much weight they attach to this as mitigation and to what extent they adjust your sentence as a result of it. It may be a factor which leads them to conclude you will benefit from intervention from the probation service and may consider a Supervision Order as part of your sentence which will provide you with help and support.

As this is a second offence can I expect a custodial sentence?
Your first offence was a long time ago and for this reason is not likely to move you into the custodial bracket. The sentencing guidelines (which can be found half way down this page here) suggest a medium level community penalty (eg Supervision, Unpaid work, etc) and a 23-28 month disqualification. the fact you were involved in an accident may move you towards the higher end of this bracket.

If not what can I expect?
You can expect a medium level community penalty and 23-28 month disqualification.

My appointed solicitor has only said he will meet me 1/2 an hour before my court appearance, this doesn't seem fair as the only time he has been able to question me or form a defence was whilst I was unmediated & still under the influence of drink. Can I get another solicitor & I am unemployed, am I entitled to legal aid with my husband in full time employment?
Yes, you can get another another solicitor. You are entitled to use any solicitor you want to.
To qualify for legal aid there are two tests. Firstly, the merits test: this is satisfied if you meet one of 7 criteria (the widgery criteria) which include a risk of a prison sentence, substantial question of law, expert cross examination of witnesses, tracing of witnesses, inability to understand legal proceedings, it's in someone else's interests that you have legal representation or some "other" reason. The second test is a means test. The means test is based on your total household income (that of you and your partner or spouse) and takes account of specific outgoings. If your adjusted income after those outgoings is less than £12,475 then legal aid is available. If it's between £12,475 and £22,325 then a full means test applies. If it's more than £22,325 then legal aid is not available. There is more detailed information and a criminal legal aid eligibility calculator on the legal aid website.