My son also has been charged with drink driving, can I have your advise please ?

[juliebloo]

Hi.

Hi, I'm hoping you can advise me. Last Sat my 17 year old son (18 in 2 weeks) was invited to a party, he asked beforehand if he could leave his car there (passed his test in jan 09) and was told no problem as its a farm in a small village with plenty of room and everyone else is doing the same. So sat off he went, well the parents came back unexpectedly and told the kids to clear off and get the cars off too, my son asked the chap if he would move his car him off his land for him and was told no. I wasn't at home and so there was no one he could ring (12am). So he moved it off the land himself and into a layby about 400 yards outside the farm, he was outside the car & locking it up when the police arrived and you can guess the rest.. They took a reading which was 62, arrested him and rang me later that night not that I could do anything for him at this point. He knows what he has done and itends to plead guilty in court next wed 8th July, is this the correct thing to do ? We only live less than a mile from the farm all told but he knew it was incorrect to drive and so went for the layby instead as it was closer. He has to attend a youth court and we have no idea what to expect, whether he will have a chance to speak for himself or if its worthwhile, he doesn't want it to look like he's trying to make excuses for his actions if you know what I mean. He only on Monday this week started a new job after being made redundant last year and thats not on any bus route either, what will happen do you think? Thank you so much, Julie

[SeanJoyceStephensons]

Julie,

If your son has no previous convictions and intends to plead guilty, then the sentencing guidelines would suggest a ban of 17 - 22 months is likely for an evidential reading of 62 mg in breath with a fine based on his means, court costs and victim surcharge of £15 on top.

The court will take into account aggravating and mitigating factors and may vary the sentence accordingly.

Because he is unlikely to receive a prison sentence then legal aid probably won't be granted and if he wanted to take formal legal advice and arrange representation before going to court then this is something that he would have to fund himself. The cost of this will depend on the level and quality of service that your son requires.

If your son does chose to be represented then a motoring solicitor can check the evidence at court to ensure that the police followed all the correct procedures before your son decides to plead guilty. Going to Court can be a daunting prospect for those who have never experienced it before. Please do not hesitate to contact me if you want help in arranging representation. We have many many years experience in this area of law and can arrange representation in any court in England or Wales and we can usually provide a service to match your budget.