Legal Aid - 2nd offence

[Sbevan]

I was arrested last Saturday for a breath reading of 58. I contacted a local Solicitor on Tuesday and was told Legal Aid would not be available (without giving any financial details). I was told to contact the Court Duty Solicitor on the day.

On the day of the arrest, I was making a 1 mile journey and parked normally outside my flat. An unmarked police car parked behind and the Officer stated I had been "weaving a bit" while overtaking parked cars. I tested positive and this was followed up by a 58 reading at the station.

I have a previous DD conviction from 6 years ago and I am a bit reluctant to have to rely on a duty solicitor for defence.

Is the statement about ineligibility for Legal Aid correct? Should I try with a different firm of solicitors? What punishment might I expect?

 

[SeanJoyceStephensons]

There are two tests for legal aid, a means test and a merits test. The means test is based on the joint income of you and any partner that you live with and it is not very generous. However, irrespective of means your case must also pass the merits test. There are several criteria that are considered within the merits test such as:
likelihood of prison
substantial question of law
damage to reputation
loss of livelihood
expert evidence
expert cross examination of prosecution witnesses
Only a solicitor with a legal aid franchise can offer you legal aid. If you are admitting the offence, and are not intending to argue special reasons then I agree that you are unlikely to get legal aid for this sort of alcohol level. However, if you deny the offence or want to argue special reasons then legal aid may be a possibility .

The duty solicitor will not be available to speak to until you arrive at court and even then his/het time is often limited. If you want to be well prepared you should arrange your own solicitor of choice beforehand, whether that's under the legal aid scheme or funded out of your own pocket.

As this is your second conviction within 10 years your looking at a 3 year ban and either a fine or community penalty, such as unpaid work, curfew or supervision.
At the end of the day you are entitled to apply and see if it's granted