Drink driving offence

[Brads2701]

Hi,

I stupidly was charged with drink driving following a crash on Sunday morning blowing 84 at the station. I was at a party and my partners father had had too much to drink and was vommiting and unable to stand, the cab office said the cab was to be at least an hour so i jumped in a cab that was going in the right direction and got my car to pick up my partner had her parents. I missed the turning and did a u turn and upon driving back came off the road on a tight sweeping bend and flipped the car. Luckily no body was injured and I was the only person in the car. I am obviously guilty of the offence, but am looking for some general advice. Although not mentioned at the time research after the incident shows that the street light on the bend is currently broken, alongside there being no sign to suggest that there is a bend approaching, is this something to bring up on my court date would you suggest? Also do i qualify for legal aid as i am a full time student and should i get representation for the court case.

Kind regards

 

[SeanJoyceStephensons]

Legal Aid is usually only available for drink driving offences if your case involves a risk of prison. The starting point for the court to consider imposing a prison sentence is 120µg of alcohol in 100ml of breath. Your reading falls below that and in fact in a sentencing bracket where the court will consider imposing a ban of between 17 and 22 months together with a fine. It looks like you have only been charged with drink driving rather than an offence relating to the standard of your driving such as driving without due care and attention or dangerous driving. An additional charge would have been more aggravating to your overall penalty however a crash can also be considered as an aggravated factor. It is important that the court are presented with all of the facts. You should speak to a solicitor about how best to deal with this in court considering the entirety of the facts involved.

 

[Brads2701]

Thanks for the reply, looking at the sentencing guidelines, it appears that they have changed the severity of punishment to a possible community order, in your opinion is this something that i may risk? I will be talking to a solicitor to arrange representation with the facts of the situation along with a character reference from my employer Hopefully this alongside being my first offence will be enough for a fine, or more serious fine?

Thanks

 

[SeanJoyceStephensons]

If you are due to attend court on 24 April 2017 or after then you will be at risk of a community order alongside a ban. The guidelines change on that date but will still allow for the alternative of a fine alongside a ban. Well prepared mitigation could be the difference between a fine and a community order. Character references are always a good idea to be put forward as part of your mitigation. You can speak with a specialist solicitor on 0333 323 3941 for some free, no obligation advice.