general solicitor questions

[Andy1]

Hello
I accidentally posted this on the Scottish forum initially...
I was arrested on saturday night for drinking driving. Breath reading was around 90mg, but I'm not 100% as I was still quite intoxicated.
1. Can I get this information from the police? I've tried calling the custody centre with no answer as yet.
2. As I was arrested for from where I live, is it possible to change courts to somewhere more convenient.
3. Should I look for a solicitor near the arrest or closer to home?
4. Can I get legal aid? I am single and earn under 12000 per year.
thanks!

 

[SeanJoyceStephensons]

I have answered your questions below:

1. Can I request this information from the police? I've not been able to get through to the custody centre yet but will keep trying.

You should have been given a charge sheet on release. A solicitor should be able to obtain the Initial Details of the Prosecution Case by secure email prior to your court appearance. Alternatively, you need to continue to contact the police station to try and get the details directly form them.

2. I was arrested about 100 miles from where I live in a place very inconvenient to get back to without a car, can I change court to more local?

Unfortunately, you will have to attend the court local to the where the incident occurred.

3. Should I look for a solicitor close to the place I was arrested or close to where I live?

You can instruct a solicitor from anywhere in England and Wales but they may impact upon the cost.

4. Can I get legal aid as I earn under £12000 per year with am single.

It may be that you meet the financial test but to obtain legal aid for a motoring offence of this type you would need to be at risk of having a prison sentence imposed. If your reading is in the 90s then you would not be an automatic risk. The guidelines indicate that prison starts to be considered once your reading reaches 120µg of alcohol per 100ml of breath.