2 days till court and no solicitor. Is it too late?

[Beetle]

I am not sure what to expect when i go to court and if it's too late to get a solicitor. I didn't bother getting legal help in custody as I felt I was responsible for the crime and I knew I had done wrong. The evidence is there against me as I had a dash came fitted in my car. I was very stupid and i got wasted and decided to go out in the car. I have no idea what was going on in my head because I have always been very strict against drink driving. Always encouraging people not to do it. I ended up losing control on a bend and hit a wall, the impact wasn't too bad no air bags deployed And I was fine. I am just grateful noone was hurt. Ambulance and police arrived and i blew 104. I am being charged with dangerous and drink driving. This is my first offence ever and I have 4 years no claims clean licence. I have a range of mental health issues going on which I feel have contributed towards this. I am seeing the mental health team regularly. I have been so depressed after the incident I took an overdose and since then i have just buried my head in the sand so don't know what to do. I still go to work as it's the only thing keeping me going. I don't have the money for a solicitor and was just thinking on a letter of apology some character references and being remorseful as I truly am gutted about the whole thing. I have a forensic degree so hoped to work within the police someday I now feel thats ruined. Will the on duty solicitor at court help me? Do I tell the judge about my mental health issues. I don't know how to go about it. Without sounding like I'm pulling the mental health card.

 

[price1367]

Your likely ban will be 23-28 months for the drink driving. An allegation of dangerous driving can aggravate this, and involve a resit at the end of your ban. I think you would be advised to see the duty solicitor at court, arrive early, explain the circumstances and see if he would approach the CPS prosecutor and ask if they would drop the dangerous driving which you will deny, and simply proceed on the drink driving.
What you describe in your outline, leaving the road and hitting a wall, with no injuries and not even air bags deployed does not sound like much of a case for dangerous driving. Is there more than that on your dashcam?

 

[Beetle]

Yeah i had clipped the kerb a few times prior and was swerving so I think they could have a good case for it. I'm just not sure what to expect when i go and what to say.

 

[price1367]

The thing is, you are facing a long ban anyway for the drink driving. By asking the CPS rep to discontinue he dangerous driving, you are saving an even longer ban, and having to take an extended test at the end of the ban. The incentive for CPS is that for dangerous driving, you have the option of going to trial at Crown Court, with the associated cost that could be saved with a guilty plea for drink driving alone at Magistrates Court. You describe what your driving was like, this could be explained to the magistrates as an aggravating factor in the drink driving, sending you to the top of the 23-28 month bracket but saving a separate ban for dangerous driving, and a real problem with insurance costs afterwards.

It may depend on how much traffic was about on the video or if pedestrians were put at risk. If they were, then they may well not want to drop the dangerous driving, but it is worth asking them to drop it.

There is no harm in trying the plea bargain. If they refuse, you still have the option of agreeing to be dealt with at Magistrates Court and plead guilty.... in the plea bargain you are only threatening to plead not guilty and opt for Crown Court, the Magistrates will not know of the pre court discussions.

 

[Beetle]

I had my court hearing today and came out very very lucky. I could have landed in crown court and went to prison. Fortunately I seen a really good on duty solicitor who due to my circumstances and that I am not a regular offender they represented me for free to make sure I wouldn't end up in prison as with my build and mental health I would be very vunerable.

The footage was bad. I drove the wrong way down a slip road and clipped the curb alot and mounted a grass verge at one point. Fortunately for me the footage couldn't be sent over on time but the description by the police officer was present which alone aggravated matters as it mentioned what i just have. I feel if the raw footage was there it would have made things much worse. My Solisitor and the probation officer gave a good defence and good range of alternatives than prison. The judge said I should be looking at the crown court as their charges are not sufficient but due to my good character, no previous convictions the fact I have a high education and mental health they would give me this chance. But I was given a big warning that I wouldn't get anymore chances if I offended anymore. Which I don't plan on doing anyways. I got a 20 week prison sentence suspended for 18 months, a 250 hour community order, 2 year ban for drink driving a 2 year ban for dangerous driving but they both run simultaneously meaning they were not willing to allow me to do the drink driving rehabilitation course, and a £85 victim surcharge with £115 court costs. Could have came out alot worse as I could have endangered alot of people. It was on a Sunday morning where there was no cars or pedestrians which helped matters too. Thankyou for the advice just glad I can pay for my crime without going to prison.

 

[price1367]

Oh dear, you didn’t mention going down a slip road the wrong way, no wonder they went for the dangerous driving! In the circumstances I think you got a fail deal, but you will have to do an extended test at the end. Nth only way that it could have been better would have been if they gave you 2 years for drink driving and 18 months ban for dangerous driving, which would have allowed you to do a Drink Drive Rehabilitation Course and reduce that part of the ban to 18 months as well.