Hoping for urgent representation advice

Convicted Driver Insurance
My wife has been charged with DUI with a breath reading of 106.

She is due to appear in court this Thursday and I am looking for advice/possible representation in court. Whilst she is very sorry for what she has done and understands it is completely irresponsible and unacceptable we have the following mitigating circumstances that we would like presented to the court.



  • Miscarriage in May.
    [*]Very upset from this experience and news (on the day of arrest) of family member being pregnant at the same time as miscarriage.
    [*]Letter from doctors to cover the above.
  • Very stressed at work and believe this was a contributing factor to miscarriage.
  • Joint decision to leave job on 30th June to concentrate on getting over miscarriage and to concentrate on trying to start a family again.
  • Clean licence for 12+ years, no previous convictions.
  • Co-operative with the police at all stages.
  • Will be giving a guilty plea at the earliest opportunity (has already said this to police).
Aggravating factors:

  • Driven short distance to shop to buy ‘comfort’ food.
  • On way home broke a fence, pulled up and stopped. Phoned husband, very upset. Husband spoke with owner that night and we fixed the fence the following day.
Not sure if the following are issues:
  • Husband had wife taken home before knew police had been called whilst he changed tyre to drive car home.
    [*]Police noted punctured tyre as a result of hitting the fence.
Questions

Accept wrongdoing, wife requires representation to deliver mitigating circumstances as she is not confident to deliver herself.


  • Would the duty solicitor be able to deliver mitigating circumstances for wife?
  • Will wife have to meet with a probation officer prior to start of case? If so will the report from a probation officer contain the mitigating circumstances that wife can provide?
  • Guideline sentencing; Assume 28 month ban, fine/community order.
  • How would fine be calculated as she no longer has a job? Husband’s income?
 
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The sentencing guidelines can be found here:
http://www.drinkdriving.org/drink_driving_sentencing_guidelines.php

As you will see, for a reading of 106mg in breath, the guidelines suggest a community order (eg unpaid work, supervision with a a variety of probation run programmes or a curfew) along with a ban of between 23 and 28 months.

There is also the possibility of having the ban reduced by a further 25% if the drink drive course is offered and successfully completed.

These are only guidelines and each case is judged on it's own individual merit. You have done the right thing instructing a solicitor in advance of the hearing. This will enable your wife and her solicitor to prepare any mitigation properly before getting to court.

Remember that your wife need to take her driving licence to court with her(both paper counterpart and plastic ID card if its a new one).

Good luck.
 
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