Do I need a legal representative

[SOCS1983]

I was caught drink driving blowing 84 and 82. I was not breathilised on the roadside, only at the station. I have been driving 12 years with a clean driving license and no previous. My car had no faults, was taxed, insured etc I fully cooperated with the police, and did not cause any problems at all when I was caught. Nobody was hurt. I am a business owner who is having a difficult time with work, losing my license will undoubtedly cause further issues with business, especially as I employ 11 people. I am worried the ban will have adverse effects on my work, not allowing me to freely go and sell ultimately causing potential redundancies. I still haven't told the news to the under 8's football team I coach! The past months as the pressure of work has got more intense, I have been drinking quite excessively, being caught drink driving has given me the kick I need to knuckle down. I was caught early September and do not appear in court until mid November! These 2 months will be long, I just want to get it over with and start the ban! How does my position seem to a solicitor? Do I need a legal representative and will I benefit from having somebody in court with me? Will I be offered rehabilitation / counselling? I'm so angry at myself, driving while drunk is not in my character and it's beyond me as to why I even considered doing it. Can I have some advice please? From what I have read everything indicates I will receive 17-22 months with no guarantee I will be offered rehab. I have time on my side and was hoping that potentially this will work in my favor. Thank you!

 

[SOCS1983]

Can anybody please advise?

 

[SeanJoyceStephensons]

Apologies for the delay in responding.

You are correct in stating that your reading falls into the bracket of the sentencing guidelines which advises a 17-22 month disqualification, it also advises the imposition of a Band C, means tested fine. The fine will not just be based on your income but also your outgoing expenses such as rent/mortgage. Whilst there is no guarantee the drink drive rehabilitation course will be offered, the Court do normally make it available to all first time offenders as it is proven to reduce the risk of reoffending.

Whether or not you want legal representation is entirely a matter for you. I have acted for a number of people who wanted mitigation to be put forward to the Court on their behalf to try and keep any sentence down to a minimum. In my experience having a solicitor represent you can often help keep the sentence down to the lowest end of the bracket, simply because they have experience of dealing with these matters and preparing a plea of mitigation. You can also prepare things such as character references which can be put forward in support of your mitigation. For example one of your employees could provide a reference explaining the difficulties they will face if your business begins struggling.

Counselling will nor normally be offered, however if you think this is something you would benefit from then I advise speaking to your GP about arranging this.

If you are interested in representation you are welcome to call my department on 0333 999 7158.