1st offence reading 76 breathe test. Please help

Convicted Driver Insurance

Lil Brownie

New Member
Been wondering what kind of legal advise I should take on my circumstance please.

I am so ashamed, upset and disappointed with myself for what I done. I'm worried if I try to represent myself at court without getting the help from free solicitor offered at the court that I might not be able to get my words out as I may cry (as tears wouldn't stop rolling down my face when I was read my rights) but then friends/family have said maybe me personally saying it to judge even if I do end up tearful would look better then getting solicitor to talk for me?

I'm a very sensitive girl and have never been in trouble with the police before, had a clean license etc. My job depends on me driving so I know I'm going to loose this. I have been going through some really tough emotional times recently and this on top of everything else is something i'll regret for the rest of my life.


It was my brothers wife's suprise birthday party (2hours from my home town). Before the party started I had to drive my bf to the hotel we were staying at as he was feeling really ill with vertigo. I had to rush back to my brothers house which was a 7min drive away through town to make it before his wife arrived, so I used my car to get there. Really stupid decision to take my car as I keep thinking 'if only I took a taxi' but my intentions were to get a taxi back later. During the party I had drunk too much as got a bit emotional which isn't like me (at a party) but it was coming up to the anniversary of our dads death and our mum is really unwell too presently. Also am going through a lot of financial stress at the moment and i'm only 29. I've been told by my brothers that I had stopped drinking for at least a couple of hours before I vanished (thank god).

I didn't tell anyone I was leaving, my intoxicated brain said to me ''it's only a 5min drive to hotel''. 1 so stupid irrational thought. I walked out without telling anyone I was going, got in car thinking ''i feel ok''. I drove just 2 minutes up the road which nobody was on apart from me and a police car (5am Sunday morning - no shock there). I wasn't speeding, swerving or anything like that. I indicated left when going straight over at a roundabout and whilst driving at normal speed slowed down quite a bit (which gave them indications to pull me over). I think I slowed down (without breaking) as I was worried when I noticed them in my rear view mirror. Then of course the blue lights came on.

The other thing Im a little concerned about is at the station I told them i'm going to loose my job over this as it counts on me driving and I remember also asking them ''what happens if I refuse the test, would I be making it worse for myself, i'm not refusing, i'm only asking as my job depends on this''. They told me I would be making it harder on myself but I had already agreed before this that I would take the test.

Do you think they may count this against me at court?

And when it came to the breathe test I was so nervous that I failed it about three times . One time the mouth piece even came out of the pipe they attach it to. I felt under pressure. One of the policemen understood but the other made a comment that suggested he felt I was doing it on purpose (which I wasn't). So I felt I had to defend myself and had to say to him ''i'm not doing this on purpose, i'm just nervous, am trying to follow your instructions as best I can''. I think the xxxxxx dial on the screen was putting me off, making my breathe output a little inconsistent so I done tests again looking away from screen and that worked fine.

Do you think this could be mentioned and count against me at court.

One of the officers (older guy) who gave me original road breathe test seemed a bit sorry for me (probably as from the time he said i'd failed the roadside breathe test I couldn't stop the tears), he didn't even handcuff me.... but the other one (probably my age) was quite cold who I think thought I was failing the test on purpose. So I really hope the statement from police read out at court will be the one written by the policeman who read me my rights at roadside. What do you think?

Do you think I should just ask for free help at the court or represent myself, or do both?

Should I write a letter to be read out at court and which points should I put in that i've told you. Will the courts ask me personally what I was drinking that night?

Sorry for the long email. Court date in Jan. Got so many things rolling round in head. :confused:

I think it's really nice of your firm to give free advise to people in these circumstance. this is a really helpful website. I thought 2weeks ago i may even get a prison sentence for blowing 76.

Kind Regards
 
The Magistrates sentencing guidelines indicate a 17-22 month disqualification for a reading of 76 in breath and you should also be offered the drink drive rehabilitation course which will reduce the length of disqualification by up to 25%.

As to whether legal representation would harm your case I must disagree with the advice you have been given, a solicitor will not just talk for you in the case, the Magistrates will want to hear from you directly as you will have the greatest knowledge of how this ban will affect you. The benefits of having a solicitor attend with you on the day and helping to prepare your case will be ensuring that all mitigation is presented to the Magistrates and their attention is brought to the relevant points. It can also help having someone there who has been through the Court process before and can guide you through it.

As for speaking to the duty solicitor at Court, this may not be as easy as it first seems, there will be a lot of cases in Court on the day and the duty solicitor will prioritise the most serious offences. If you intend to utilise their help then the best thing to do would be to arrive early to improve your chances of being able to speak to them.

The fact that you enquired about not providing a specimen is unlikely to be a major factor in your case as you did provide the specimen and are pleading guilty to the offence. It is very likely that both of the police officers in the case will have provided statements to the CPS.
 
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