Can I mitigate my case with the following?

[Jason1308]

I have been charged with a drink driving offence and have some questions / comments relating to this.

• The street name on the charge sheet is not the street where I was stopped from driving any further. The street on the charge sheet was were the car was taken by a police officer for parking - is this significant?
• I take Sertraline and my dosage has just been doubled - this impacts variably how I feel when I consume alcohol and on this occasion I started to drive to a meeting after taking a drink and realised the effect it was having on myself and decided to turn around and head home - will this help if this is mentioned.
• I have taken steps to seek professional medical help in relationship to my situation.
• This is my first offence - I have never been charged before for
  any crime.​
• I have been advised (in the documentation provided) to make an early plea - should I do this with a letter mentioning any of the above​

​

My breath level was 111mg
My hearing date is the 8/3/18

Many thanks

 

[SeanJoyceStephensons]

The most important factor in a case like this is the reading produced. A reading of 111µg of alcohol per 100ml of breath is a reading that means you will likely be sentenced by way of a driving ban within a range of between 23 and 28 months. You will also be ordered to complete a community order. A guilty plea will not be able to avoid a ban and the most likely ban will be between the above range.

With reference to you specific queries I would answer as below:

• The street name on the charge sheet is not the street where I was stopped from driving any further. The street on the charge sheet was were the car was taken by a police officer for parking - is this significant? - THIS IS UNLIKLEY TO BE OF GREAT SIGNIFICANCE. THE COURT WOULD USUALLY GRANT LEAVE FOR THIS ELEMENT OF THE CHARGE TO BE AMENDED AND THIS CAN ACTUALLY BE AMENDED BY THE PROSECUTION AT ANY STAGE WITHIN SIX MONTHS OF THE DATE ALLEGATION WITHOUT THE PERMISSION OF THE COURT.
• I take Sertraline and my dosage has just been doubled - this impacts variably how I feel when I consume alcohol and on this occasion I started to drive to a meeting after taking a drink and realised the effect it was having on myself and decided to turn around and head home - will this help if this is mentioned - THE MOST IMPORTANT FACTOR IN THIS CASE IS THE LEVEL OF ALCOHOL IN YOUR SYSTEM. HOW YOU REACT TO THAT ALCOHOL IS LESS RELEVANT. THERE COULD BE A CASE WHERE YOU HAVE AN AMOUNT OF ALCOHOL IN YOUR SYSTEM THAT MEANS YOU ARE OVER THE LEGAL LIMIT BUT YOU SHOW NO SIGNS OF ANY IMPAIRMENT. THAT WOULD NOT BE A DEFENCE. THE PRESENCE OF A DRUG, WHETHER PRESCRIPTION OR NOT, IS MORE LIKLEY TO BE CONSIDERED AN AGGRAVATING FACTOR IF YOU HAD DRIVEN KNOWING THE RISK OF INCREASED IMPAIRMENT.
• I have taken steps to seek professional medical help in relationship to my situation - THIS IS CRETAINLY A POSITIVE. IF YOU CAN PROACTIVELY IDENTIFY ANY UNDERLYING ISSUES AND ATTEMPT TO MAKE PROGRESS IN RESOLVING THOSE BEFORE YOU EVEN GET TO COURT THEN THIS WILL PRESENT AS POSITIVE MITIGATION.
• This is my first offence - I have never been charged before for any crime. I have been advised (in the documentation provided) to make an early plea - should I do this with a letter mentioning any of the above - AN EARLY GUILTY PLEA FOR THIS SORT OF CASE MEANS AT THE FIRST APPEARANCE. I WOULD ADVISE INSTRUCTING A SOLICITOR TO ASSIST WITH PREPARAING THE RELEVANT PARTS OF YOUR MITIGATION AND TO HELP PREPARE HOW BEST TO PRESENT THOSE RELEVANT POINTS. CHARACTER REFERENCES CAN BE VERY HELPFUL IN PRESENTING ADDITIONAL INDEPENDENT EVIDENCE.