Mittigating circumstances ? Opinions on our chances please - first time DD

[barwicks]

Hi all
Any help or advice is gratefully received - thanks in advance .
My son - 21 , been driving for 1 year . Works stupidly long hours over the Christmas period ( no days off ) , he finishes work at midnight , meets up with some mates has a few drinks then decides on a whim to drive and get a take away ( idiot ) !
He goes through the drive through restaurant , sits in the car has his food tries to drive away but the car wont start ! ( fortunately ).
They try to get the car started - no luck , ( he's left his lights on or something and the battery has gone flat ) - just as there about to get ring a taxi they get the knock at the window and then it starts . - His world now falls apart !!

He has failed a roadside breath test - taken to the station hits 65 in his next test and is charged with drink driving ( in court next week ).
Now my question is :-
What are our chances of getting the charge changed to drunk in charge of a vehicle as opposed to driving while over the limit .
It could mean him possibly keeping his licence or its a lesser charge and a lesser ban !!
He was unable to drive the car away ( despite trying ) and the police even gave them a push to the side of the road .
I know I'm clutching at straws but as a parent I also know the implications of what he has done .
regards Barwicks

 

[price1367]

I appreciate that if the offence was amended to him being "in charge" then there is a discretional ban. The problem is that for drink driving, the police have to show that he is, or WAS the driver of a motor vehicle on a road or public place. The evidence is there for drink driving as he drove it to McDonalds so CPS are unlikely to reduce the offence to 'in charge'.
one other thought..... If it was reduced to 'in charge' and the magistrates exercised their discretion to not disqualify..... They would award, typically, 8-10points, so as a new driver your son would then have to retake his test, theory and practical!

 

[barwicks]

Hi .
We know it is a long shot but were hoping the points he will get still means he keeps his licence - yea he retakes his tests but that can be sorted within a month or two - I was also under the impression that if he gets a ban say for 18 months that counts as 12 points - hence he wins the ban so he would have to re-take his tests anyway just after his ban ends .
We live in quite a rural location and he works unsociable hours - ( not making an excuse just being practical )- very little in the way of public transport - so that's why we were hoping to get it changed .
Were seeing a solicitor next week so will see what they think .
regards .

 

[price1367]

The ban for drink driving carries no points, so no retest is required for that offence.
Did the police ask your son how he got to McDonalds? If he admitted driving to the place, then he stands no chance of getting it reduced to 'in charge'. It would be a natural question for the police officer to ask a person who is parked up, together with: 'when did you last have a drink?' There may also be CCTV on the drive thru.
I had someone on a Drink Drive course recently who entered a 'not guilty' plea on the advice of his solicitor to see if there was a viable defence. There wasn't, so then had to plead guilty. The difference was in the costs to the court. For a simple guilty plea, the costs are £85. After a not guilty plea, the costs start at £620. The solicitor was, in effect, playing with the clients money. The solicitor doesn't lose whatever the outcome, so before acting on legal advice I would ensure that the solicitor has relevant experience of drink drive case law.
Before you spend your money on a solicitor, you might like to ask Sean, the solicitor on here who posts legal advice, for his opinion.

 

[barwicks]

Well ,
We went to court today ... Now I don't know if its the same for everyone but I was so surprised while in the waiting room how many people ( in my opinion ) don't make the effort .
We were both suited n booted , ( only counted 3 others in a waiting room of 20ish ) , spoke to our solicitor who agreed that we could have a go with 'drunk in charge' as opposed to 'drink driving' - he went and had a word with the prosecution who unfortunately declined our plea .
So in court the prosecution had his say the our guy followed - he was brilliant !! ( get some help if this happens to you ).
He pleaded our case and his mitigating circumstances , his good character and the fact that he wasn't actually driving ,

Still guilty as expected but my son got 12 months ban reduced to 9 after the rehab course and a £250 fine plus costs .

We expected 18-24 months ban and a bigger fine .

We think its as good a result as my lad could have got - still hurts of course but he did the crime !

hope this is of help to someone

 

[price1367]

That was a good result, bearing in mind that the guidelines are 17-22 months. No harm in the solicitor asking about a reduced charge, I did expect that it would be declined but at lease with the guilty plea he only got £85 costs rather than the £620 odd for a not guilty plea.
thank you for sharing the result.