Convicted of drink driving (reading 55) - Xmas Eve

[Lowlander]

My 19 year daughter, who is a full time student, with a part time job, was charged with driving under the influence of alcohol on 25th December 2012. Due to appear in court on 16 January 2013. She has held her license for 18 months (clean). She does not own her own car but is insured to drive my car fully comp. and 3rd party with permission on her boy friends car, the car she was stopped in. She was driving her friend home, when police stopped her because rear light was not working. The breathaliser reading was 55 - does she need to get a solicitor and will she be entitled to get Legal Aid. Family all devastated. She intends to plead guilty in court but I know that when asked to explain why, she will end up in floods of tears and unable to speak. Would she beable to put the mitigation factors into a letter. Any help welcome.

 

[SeanJoyceStephensons]

The Magistrates sentencing guidelines advise a 12-16 month disqualification. Your daughter is at the higher end of the range although if this is her first offence she should be offered the drink drive awareness course which will reduce the length of the disqualification by up to 25%.

It is possible to represent yourself in Court although as you state that your daughter would struggle to put forward her mitigation it could be well worth having a solicitor attend Court. It is unlikely that legal aid would be available for this case as it is typically only available where there is a risk of a custodial sentence.

If you would like to discuss this further then please call my office on 0845 002 0736 and ask to speak to Alex.