Caught drink driving, breath reading was 64

[Needhelp]

Never even had a parking ticket. I was arrested last night breath was 64. I was held overnight retested zero at 8am and I'm due in court in a couple of weeks. What do I have to do in court and take with me. And do I have to have a ban? I've got 3 children with special needs. I'm not denying I was stupid. But I am devastated. I was allowed to drive home 40 miles this morning. Thank you.

 

[SeanJoyceStephensons]

I'm afraid that if you simply plead guilty to the charge of driving with excess alcohol then a disqualification is mandatory. For a first offence with a reading of 64 in breath the Magistrates guidelines advise the imposition of a 17-22 month disqualification and a Band C fine that will be based upon your level of income. You are also likely to be offered the drink drive rehabilitation course which will reduce the length of the disqualification by up to 25% upon completion.

If you are looking to present mitigation to try and minimise the sentence then I would advise bringing along a few things. Primarily some notes detailing your personal circumstances and the impact that a disqualification is likely to have on you and your children. You can then present this information to the Court and ask for the disqualification to be at the lower end of the range. You can also bring character references along with you to the hearing in support of your mitigation. These can be provided by friends/family/co-workers and comment upon any impact the ban will have on your employment or personal life.

 

[Needhelp]

Thank you so much for your help. I had no idea what would be needed to take with me. I was not interviewed at the police station. I have 3 children with special needs. I also have a slight learning disability myself. Do I need to read things out in court or can I submit a statement then I don't forget anything. Or do both even?

 

[SeanJoyceStephensons]

If you are worried about forgetting things or not being comfortable speaking in Court then you can submit a written explanation of your mitigation. You would still have to do some talking in Court to confirm your plea and your personal details, e.g. your name, address etc.

If you have learning difficulties then I advise contacting a local firm of solicitors to enquire about the possibility of your case being funded by legal aid. There are sometimes exceptional circumstances that enable legal aid to be granted even if there is no risk of custody.