Duty solicitor or hire my own?

[Hyro]

Hi, I was caught drink driving and blew 98 on the breathalyser in the station.

I had been out at a work event and drank too much in the sunshine. I realised that I had over-done it and I tried to book a hotel but they would not take the booking. I was outside my office, 20 miles away from home and felt OK so I "just" got in the car and drove home - REALLY stupid I know.

A motorist noticed me driving erratically and called the police, who apprehended me outside my home. As the police did not witness me driving, they interviewed me (taped interview) and I told the truth, no point lying.

The problem is that my job requires me to drive so if I get a ban, I will probably lose my job.
I also live 6 miles away from the nearest train station, with only 1 bus an hour to get there, so without a car it would be very difficult to get another job.

This is my first ever offence and I have never been in trouble before. I was a Sunday School teacher for several years and I have a character statement from my vicar who has known me for 10 years.

Therefore I have 3 questions:
1 - Do you think there is a chance I can avoid a ban - I would prefer a higher fine and/or community service instead.
2 - Would it make any difference using a solicitor I have engaged myself versus the Duty Solicitor - the police officer at the station advised me to use the Duty Solicitor to represent me but I just wonder how well my case would be represented (and would it make any difference to the outcome)
3 - How much would it cost to engage my own solicitor

Any help or guidance you can give me would be very much appreciated.

Many thanks

 

[SeanJoyceStephensons]

I'm afraid that a disqualification is mandatory if you are simply pleading guilty to the offence, regardless of your personal circumstances. The sentencing guidelines for your reading advise a 23-28 month disqualification and a community order bring imposed.

Having a solicitor you have instructed yourself can improve your chances of a lower sentence rather than just using a duty solicitor. Firstly whilst the duty solicitor is almost always available to advise you about your case, if the Court is busy they will give priority to the most serious cases and make not be available to represent you in the hearing itself. The other benefit to instructing someone prior to the hearing is that preparation work can be done regarding your mitigation. For example, character references can be used in support of your mitigation, my department has specific guidance on these and send this out to our client's to help with their preparation. We also discuss both the circumstances of the offence and what impact it will have, the information is then typed into a statement and sent to the client so they can see exactly what information is going to be put forward and check that it is all correct. In discussing this it often becomes apparent who would be best to provide references and we discuss this as well.

The end result is that you attend Court with an advocate who is already fully prepared for the hearing and has all the necessary documentation to support the mitigation. One example that arises quite frequently are people who have suffered from depression, or are now suffering from it due to the incident. In these cases we obtain a reference from their GP giving confirmation of this, which often helps with mitigation.

This is not to say that the duty solicitor will do a poor job, or that by instructing somone privately you are guaranteed to get a reduced sentence. However it does mean that the work is done to give you the best chance of receiving a lower sentence.

As for cost, this varies significantly depending on the firm that you speak to and the level of work they carry out. Someone has recently posted in the ask a solicitor section saying they had instructed someone for £200 who has simply taken their name and address, asked if it was a straightforward case, and then said that they would meet them at Court. There are also a number of general criminal solicitors who will deal with the case cheaply on the basis that they already have an advocate in the Court that day. My department's fees for dealing with the case would be £1000 + VAT to deal with the case in full and includes representation at Court by a fully qualified barrister. If you are interested in this you are welcome to call on 0333 999 7158.