1st offence, blew 43, do I need a solicitor if I intend to plead guilty.

[skaterjaymz]

Hi, I drove some friends to a gig and had a pint of ale and two pints of shandy when we got there, I followed this with water and lemonade expecting to have enough time for it to clear my system before we left. Sadly, the gig was awful so we left earlier than expected. I was pulled over for speeding on the way home and blew 43 back at the station. I was told to appear at court next week and fully intend to plead guilty and accept my punishment. I haven't engaged a solicitor as I can't really afford it and the solicitor I spoke to on the night advised I just need to speak to the duty solicitor on the day for representation. However, having read the page about what to expect on the day, I'm now worried that by not having anyone to represent me I run the risk of copping a bigger fine and ban than I'd been expecting. Will I stand a chance of making a case for mitigating circumstances on the day without a solicitor on my side - this is my first ever offence, the copper on the night even agreed that I was 'just' over the limit, there was no resistance or accident on the night.
Thanks

 

[SeanJoyceStephensons]

Your reading falls in the lowest sentencing bracket and is at the lower end of that bracket. Your reading is usually the best indicator of where you will fall within the guidelines. You will face a ban of between 12 and 16 months whether you are represented or not. I would always recommend representation where possible as it can help take the strain and pressure of an alien situation away and, importantly, will mean that there is someone there to deal with anything contained within the prosecution case that needs to be mitigated. There does not appear to be much by way of any aggravating factors save for the fact that you had friends in the car with you. If your main concern is keeping a fine down then instructing a solicitor is not necessarily the best idea for you given that you will not qualify for legal aid. You would only qualify for this offence if you were at risk of prison (which, based on your reading, I can see that you are not in your circumstances) and you meet the financial test. Instructing a solicitor can often be more costly than any fine imposed so if that is your main motive for getting one on board, it may not be the best for you, all things considered. Given what you say about your background, as some practical advice I would always suggest getting one or two character references to highlight the type of person you are to help give the court a better idea of how out of character this is for you.

Should you still wish to talk about representation then you should instruct a specialist to ensure that the circumstances of your particular case are catered for.