solicitor near my home or near the court?

[Sheila Jobes]

I live in Devon but was picked up and charged in Wiltshire, on my way to a friend in Hampshire. In charge of a vehicle - not driving.

The police said it would be good for me to get a solicitor.
Am I best to use a solicitor near my home, or near the court? I am due at Salisbury court 16 Sept.

Do I need to meet a solicitor first? I could come to Salisbury the day before, and stay in a B&B. But I cannot easily come earlier, and I cannot easily get to a different town.

Please advise likely costs.
I may be eligible for legal aid as I am on a very low income/some state benefits.
First ever conviction, but I was way over the limit.

 

[SeanJoyceStephensons]

Whether or not you are likely to be eligible for legal aid will depend upon the severity of the offence. If your reading was over 120 in breath then the Court may consider the imposition of a custodial sentence and as such legal aid would pass the 'merit' test. If your reading is lower than this then it may be the case that legal aid is not available in the circumstances, the only way to know for certain would be to contact a local firm that deals with legal aid and have them submit the application.

I'm afraid that I cannot offer and information regarding the likely sentence without knowing what your breath reading was at the time of the offence.

In respect of whether to instruct a firm local to yourself or the Court, this is entirely a matter for yourself. If you wish to meet with someone face to face then a firm near your home would be the best option for you as this will enable you to meet them well in advance of the hearing. If you are happy to deal with people over the phone then it maybe beneficial to look at instructing a firm that specialises in this area.

If you are potentially interested in instructing a firm outside of the local area you are welcome to contact my department on 0333 999 7158.

 

[Sheila Jobes]

Whether or not you are likely to be eligible for legal aid will depend upon the severity of the offence. If your reading was over 120 in breath then the Court may consider the imposition of a custodial sentence and as such legal aid would pass the 'merit' test. If your reading is lower than this then it may be the case that legal aid is not available in the circumstances, the only way to know for certain would be to contact a local firm that deals with legal aid and have them submit the application.

I'm afraid that I cannot offer and information regarding the likely sentence without knowing what your breath reading was at the time of the offence.

In respect of whether to instruct a firm local to yourself or the Court, this is entirely a matter for yourself. If you wish to meet with someone face to face then a firm near your home would be the best option for you as this will enable you to meet them well in advance of the hearing. If you are happy to deal with people over the phone then it maybe beneficial to look at instructing a firm that specialises in this area.

If you are potentially interested in instructing a firm outside of the local area you are welcome to contact my department on 0333 999 7158.

thanks for your reply. I am interested, I appreciate your input, will try to phone you tomorrow.
I have 2 readings which I do not really understand, one in the car 125, one at the station 103 if I read it correctly.
I am quite happy to consult over the phone, it would be lovely to meet face to face, but lack of money makes that unlikely.
I did look at firms local to the court, only 2 have replied from hampshire and prohibitively expensive. and none recommended in wiltshire, at least not on this website.

 

[SeanJoyceStephensons]

The breathalyser at the roadside is only a preliminary test and will therefore not be relied upon by the prosecution. If your reading was 103 in breath at the station then this places you into the third bracket of the Magistrates sentencing guidelines which advise the imposition of a 23-28 month disqualification and a community order. As this is your first offence you are also likely to be offered the opportunity to attend the drink drive rehabilitation course which would reduce the length of your disqualification by up to 25% upon completion.