What counts as mitigating circumstances for a drink driving charge?

[Naboo]

I will be pleading guilty and I am not trying for a special reasons type mitigation, but I am wondering what things are worth mentioning to try and get a reduced ban/fine.

I have been in alcohol therapy for nearly 3 months as I have a severe alcohol dependency, but I have been doing really well and have only had two slips in that time. Is it worth mentioning that I have a problem and am in therapy? Is it worth getting a letter from my keyworker stating my progress and confirming that I am getting help, or would the court just take my word for it?

I have just started to have counselling after being on the waiting list for nearly 3 months, and coping with my problems without this help has been a struggle. The day before I was arrested for drink driving my keyworker cancelled an appointment, which was a very bad time to do so as I had been getting abusive messages from my estranged husband which left me very upset.

I have also suffered significant personal trauma over the last few months including separation from my husband, a stress-related breakdown and an abortion, and I am finding it very difficult to cope with that. Is any of this relevant? Would I need a note from my doctor?

Do I need to provide bills/statements for the financials? Are character references helpful?

I realise that it was ultimately still my decision to drink and then get in a car, and I am not denying responsibility, but I was certainly not thinking clearly. I got a 91 on the breath test. Any advice would be greatly appreciated.

 

[SeanJoyceStephensons]

For a reading of 91 in breath the Magistrates sentencing guidelines advise a 23 - 28 month disqualification and a community order. You will also be classed as a high risk offender and will have to complete a DVLA medical before you will be able to have your licence returned. If this is your first offence then you should be offered the drink drive rehabilitation course which will reduce the length of your disqualification by up to 25% upon completion.

Character references can definitely help keep the length of disqualification down to a minimum, I would also advise that you tell the Magistrates exactly what impact the disqualification will have on you. Unfortunately I cannot advise on what specific points you should put forward as I would need to take detailed instructions from you and I would have to be instructed to deal with your case before I could provide this.

If you would like to discuss this further then please feel free to call my office on 0845 002 0736.