Solictor or not? Please help??

[Emma100000]

Hi everyone,

I just wanted to know whether a Solicitor is necessary?

Please share your experiences about whether you used one, costs involved and what benefit there was to having one.

I have been advised that they may be able to get the ban length reduced, but my partner is due in court next week for the 2nd time in 10yrs so it seems that a 3yr ban is the minimum ban anyway.

We are short of money, but just over the Legal Aid cut -off and so I dont know whether we should spend such a lot of money (quotes have been £600+) - I guess it all depends on what the Solicitor can do.
We dont have access to any spare money, and with the fine that he will get (advised around £500 is normal for this conviction), we are going to find it almost impossble to find over £1000.

Hope someone can help us as we really dont know what to do. I am keen to support him, but cant help feel that I do not want to borrow this money off family just to shave a few months off his ban.

Thanks

 

[BT_Boy]

If it's a guilty plea it's really not worth it -

(Remember this is my own opinion.)

Just use a duty solicitor to plead a few mitigations to try and keep the ban to a minimum. Also, dress smart and be polite.

Best of luck & let us know how he got on.

 

[Emma100000]

Thanks so much for your reply - thats what I feel but wanted a second opinion or two!

Can you explain how the duty solicitor works? Would you need to contact them in advance, or do you just speak to them on the morning? Will time be allowed for that? His letter says to be there at 10.00am, he will struggle to get there much earlier than 9.30am as he is using public transport to get from Somerset>Bristol>London Victoria> Central London as I am unable to get time off work to drive him.

Sorry for all the questions!

 

[BT_Boy]

Thanks so much for your reply - thats what I feel but wanted a second opinion or two!

Can you explain how the duty solicitor works? Would you need to contact them in advance, or do you just speak to them on the morning? Will time be allowed for that? His letter says to be there at 10.00am, he will struggle to get there much earlier than 9.30am as he is using public transport to get from Somerset>Bristol>London Victoria> Central London as I am unable to get time off work to drive him.

Sorry for all the questions!

When I went I got asked by a porter whether or not I required a duty solicitor and said yes. She 'eventually' approached me and we chatted for around 5 minutes in which she basically said:

- Guilty or not guilty plea?
- Mitigations?
- other aggravating factors?

Stuff like that, it's very rushed, as he/she probably has everyone else too!

yes try and arrive by 10. I got 10am appointment too, but was not seen until 3pm!!!! very unhappy and extremely nervous.

Was eventually called in, asked for my plea and finished within 5 minutes.

It's extremely straightforward. I felt 100 times better when I came out for some reason even though I was banned for 20 months :S

Hope that helps even though some bits were off topic.

 

[Emma100000]

Aw thanks, that does def help.

Wow so he could have a long wait in store for him then!

Your comments have been really helpfull, so thanks so much.

 

[The Village Idiot]

Hi Emma,

If this is his 2nd offence, in ten years, then yes you are right it will be a 3 year ban.

There is a possibilty that he will be offered the alcohol awareness course, which can reduce his driving ban by 25%. However, I also believe that you cah only do this course once. Now it may be, that the course and reduction of ban upon completion of the course, was not around the last time he got done for drink driving, in which case i would urge him to mention this to the solicitor he eventually uses, and bring it up in court.

I have just completed the course, and there was people on it, where by it was their 2nd offence in ten years, and they were offered the course for the first time. So it is available.

If he has already done the course, and the magistrates do not offer him a second chance on the couse, then 3 years will mean 3 years I am affraid.

I am here, if you need any further advice, I am not a solicitor though, just someone who did something really stupid e.g drink driving, and got caught for the first and definately last time earlier this year.

Regards,

The Village Idiot.