Drink drive

Convicted Driver Insurance

Devi

New Member
To whom is may concern,

On Saturday night I was arrested for drink driving and was over the limit at 86. I was drinking a couple in the day and stopped drinking and then had a drink and made the stupid mistake of driving not far to get some cigarettes with my husband in the car. I wouldn't have driven if i didn't think I could, and I thought I was okay, my husband wouldn't have let me drive otherwise. So what happened was, I was stopped because I did not have lights on, on my husbands car (I am insured on it), because with my car it is automatic and the lights come one, and I did not even realise until the police had stopped me. I was driving fine, but not that its excusable i know.

I am extremely gutted and so genuinely sorry. And they kept me in the cell over night and it was so horrible and so scary and I do believe I am still in shock and I am so scared as I need a car to get to work. I live in Redditch and work in Worcester, so it takes about 35 minutes to drive to work, and by transport it is about 2 trains and a bus. With my job I work so hard and long hours as I am a trainee accountant and then I get home and revise/study for my exams which I do.

Without having a car this will deter my studying time and will mean i will not be able to work late at work and will just cause so many more problems. I know that i should have thought about this before but it was a genuine mistake which i really regret more than anything i have done in my life.

I have a clean licence, i don't have any speeding points or any other criminal records. I am normally a really good person and not reckless at all. With the profession I do I cant really afford to and I don't want to, but now with this it has really made me look awful.

The thing is I really need the minimalistic ban, I know the breath limit is high but i genuinely did think i was okay as I am really negative with drink driving, I don't agree with it yet i have completely done it myself for the first time. I messed up and i have to face the consequences but I don't think I could go through a high punishment.

I need a solicitor but also I don't think I can afford it, so I was wondering what is the best to do? I really really need my car for work and I am so awfully upset about what I have done and that is something I will never consider doing, putting me in a cell for the night was the worst thing that has ever happened to me and I am in no rush to go back. I feel so disgusted with myself and I need help.

Please can you advise me.

Kind Regards,
 
Last edited:
I know what you are going through and I would suggest that you look at Legal aid if you cannot afford representation.

Look at the positive side of things, you did not have an accident and nobody was hurt or killed. I know that its a traumatic experiance but things will pass.

I do not think that there is getting away from the ban as its mandetory but have a look at the sentensing guidelines.

Hope all goes well with your case but really would suggest getting represented.
 
Thank you, how do i go about Legal Aid, what does this ensure?

I just cannot believe one mistake has caused such a big difference for my future...and like you said there is no getting out of the ban which I can deal with, its the criminal record that gets me and being in a cell for the night, was so horrible.

Kind Regards
 
hey devi,
Having been arrested a month ago with a similar reading,i was also locked up for 9 hours which was as you say a horrible terrifying experience. I felt extremely ashamed of myself too and did not want to face anyone. However once i had been to court and knew what i would have to deal with,i felt much better,and as time has passed and the memory is not so clear,i definitely feel more positive. I am determined not to let a criminal record ruin my career and am viewing myself as a person who has made a mistake rather than a 'criminal'. I had a reading of 88 and recieved 17 months ban reduced to 13 with the driving awareness course and a fine of 100 plus costs. I did have representation which cost quite alot but it was definitely worth it ,and i belive i would have recieved a harsher punishment. I hope that helps you,best of luck with your court appearance.
 
Thanks Alexandra, it is horrible but yes you are right i need to get my punishment and then deal with it and try and just get used to it.

I think I will have to get a loan or some sort to pay for solicitor fees as it might be the only way...about a year is what I can deal with in my head without a car ( i have just got used to that), but then I heard it was 17 months and that is long time to deal with.

Thank you
 
Thank you, how do i go about Legal Aid, what does this ensure?

If you qualify for legal aid, it will contribute towards (or cover the cost completely) of hiring a solicitor and legal representation. In order to be eligible for legal aid you will need to pass the financial means test and pass a test of merit which will be specific to your case.

There is an online financial means legal aid eligibility calculator. You can use this calculator to see if you qualify for legal aid based on your financial circumstances. A legal aid solicitor will be able to assist you with finding out if you pass the test of merit.
 
Hi Devi, it might feel like the end of the world, but it really isn't. You will go to court, be banned and fined and then get on with your life and adapt. Sooner than you think, you will get your licence back and things will be back to normal.

Don't be tempted to ever drive until you get your licence back, this is ten times worse than what you are currently going through.
 
Thanks mike, I think I just want to get my punishment and then like you say get on with my life and work around it. Its just awful being committed
 
The merits test for legal aid means that there are very specific criteria that are applied and at least one of these must be satisfied before legal aid will be granted. The criteria are:
1) That there is a risk you will go to prison
2) That your reputation is at stake (this is only likely to be satisfied if legal representation could make a difference to retaining your reputation. If you intend to plead guilty then this is usually not satisfied)
3) That your livelihood is at stake (again, will not be satisfied if you are pleading guilty)
4) That there is a substantial question of law (for example a technical legal argument or Special Reasons argument)
5) That there is a need for expert cross examination of prosecution witnesses (again, will not usually be satisfied if you are pleading guilty)
6) That there is evidence that must be gathered by the defence (not satisfied if pleading guilty)
7) In someone elses interest.

In short, at 86 mg in breath, if you are pleading guilty, you will not pass the merits test and will not get legal aid, even if you cant afford to pay your own legal fees.

Legal Aid is only granted in the most deserving of cases.

As Alexandra21 found, having a solicitor in court can make all the difference and can certainly make the experience more comfortable. However, I fear that to have a solicitor of your own choice who you can speak to before going to court so that you are propertly prepared, is something that you have to pay for yourself. You can usually get this for a fixed fee.

Please call us on 0845 0020736 or visit out web site at www.stephensons.co.uk/carryondriving and we can provide you with legal representation in court anywhere in England and Wales for a fixed fee.
 
Last edited:
That was massively helpful, actually.

I was still unsure as to why I wasn't eligible for Legal Aid.

I thought it was because it was a drink drive charge, I hadn't realised it was because I pleaded guilty. (Now it all makes perfect sense)

Not that it would have made any difference.
 
Oh, and Devi, you're going to feel '****' for some considerable time to come. I've told parents, siblings and friends, and they've all been incredibly supportive, but I still feel ashamed, and I still can't get over how my life changed overnight, from one stupid, and ill judged mistake.
Just remember, you're not alone, and the constant self berating serves no purpose whatsoever.
 
Enter code DRINKDRIVING10 during checkout for 10% off
Top