What happens next and is it necessary to get a solicitor?

Convicted Driver Insurance

Geefer12

New Member
HI there. I crashed my car on May 31st and was breathalysed and found over the limit. I blew 50 at the station and was informed that I could opt for a blood test. I took that option and the police told me that I should keep it in the fridge and not get it tested until after I had got the results back from their sample. They kept me in overnight which was awful, although they were very civil with me. Probably because, as my first ever encounter with the police I was very compliant and didn't kick up a fuss. They were even so nice as to give me a lift to my car which had been taken away when I found that my purse was not in my handbag and I was very worried it had fallen out in the crash and may no longer be in the car.
Anyway, I checked online, including this site and the advice for getting independant analysis on blood sample appeared to be DON'T wait. So I sent my sample away and unfortunately it came back 108 milligrams.
So what is next? With a positive result, it's obvious I will be banned. I don't know whether I would need a solicitor as there is no mitigating circumstances. I had a few drinks on an empty stomach, drove home, on the way home a cat or probably a fox (bushy tail) ran out in front of my car, I served and hit a post which wrote my car off.
I am not due to go back to the police until 15th July. I have never ever been in trouble with the police, or even had to speak to an officer for any reason in the past. It's all a bit intimidating but at the end of the day I was stupid enough to drink and drive, despite my better judgement.
Could you tell me what usually happens next? I take it I will have to pay a fine, lose my licence and then have the option of an advanced driving course? Will it matter that my licence has my old address on it? Should I get it updated before I go back to the police?
 
The decision to plead guilty is one you should only make after getting advice from a specialist solicitor who has considered all the evidence and disclosure in the case. The same solicitor can assist you in the preparation of your mitigation and advice you about any evidence and references you shold obtain that will help reduce the level of punishment.

The sentencing guidlines would suggest that for a reading of 108 mg of alcohol in 100ml of blood a fine and a disqualification of between 12 and 16 months will be imposed. You can also try to persuade the court to allow you to take part in the drink driving rehabilitation course which reduces the ban by 25%. All of this is something you should seek advice about before going to court.

It is an offence not to have up to date details, such as your address, on your driving licence but in practice this is not something the court are likely to be interested in and I would not worry about it.

If you would like to discuss your case in more detail then call us on 08450020736
 
Hi Sean. Thanks for replying. I returned to the police station on July 15th and they sent me away telling me that they hadn't got the test results back yet. I have been re-bailed until this Thursday (9th Sept). Obviously I have had my blood sample tested and got the results back well before I first answered bail so I am expecting them to charge me on Thursday. Would the length of time it is taking to get a decision be taken into consideration in the length of ban I am likely to receive? I was originally arrested on 31st May and as I wrote off my car I have not driven since. I know that I am still able to drive, but I didn't see the point of looking into getting another car until I knew the outcome of the case.
Will they expect me to put a plea forward on Thursday or do I only do that once I get to court?
Many thanks for your help.
 
As per Sean's earlier post, the likely penalty on a guilty plea should be between 12 - 16 months and a fine. The fact that you have not been driving since the incident is something which may encourage the Court to sentence you at the lower end of that range. However, the fact that you were involved in an accident will serve as a significant aggravating feature. As such if you were to plead guilty your plea of mitigation would need to be well-prepared and well-presented.

The delay in the analysis of the blood specimen can be relevant in certain circumstances and is something which may be capable of amounting to a defence. You will not be required to enter a plea at the police station, only when you subsequently attend Court.

Given the delay in the analysis it would be wise to seek specialist advice before you attend Court. If you would like to discuss this with one of our lawyers please call 0845 002 0736.

Carl Johnson
Drink Driving Solicitor
On behalf of Sean Joyce
 
Attended the police station and was charged (as expected). Their blood results came back 107 (mine were 108).
On the charge sheet they got the address of the accident wrong, which I corrected them on when I was asked if I wanted to say anything. The bail officer got the charging officer to confirm it, and then he thanked me and told me 'it was very honest of me'. I doubt the address of the incident being wrong would have made much difference, but I have been fully cooperative with the police every step of the way.
One thing I am wondering is that on my charge sheet it does not mention the fact that I crashed my car. It just states that I was caught driving over the limit. Will they bring up the accident at court? Should I request the arrest notes from them?
 
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