Guilty or not so guilty...

Convicted Driver Insurance

Oli

New Member
Hi,

I have just had a meeting with my brief about my impending court case on Thursday.

I discussed my story with him, said I was planning on pleading guilty and I felt he was urging me to do the opposite.

The barrister he told me about has, apparently, successfully challenged 7 out of his last 7 cases. It's obviously very expensive to enter into this (about 7k) and there are no guarantees.

Has any one done this? What was the outcome?

Oli
 
Well, I was stopped at 00:30 after not drinking for two hours. Previous to that I'd had 5 strong pints over the course of 8 hours. Silly I know, and I regret this massively. I thought I would be fine as I didn't feel like I couldn't control the car. Bottom line is, no ifs, buts or maybes, I shouldn't have driven. Fact.

I blew 0.67, which the brief seemed to think was very high considering the times involved. I do not know the ins and outs of it, I thought I was guilty and I am still thinking of pleading that way, but he seems to think there is a good chance of challenging it. He said that in the cases that have been successfully challenged, they had similar stories to mine. He said it was also rare for the prosecution to get all the necessary paperwork together and in the correct order to successfully convict you and that the barrister was very good in making the prosecution trip over their own arguements. Having said that, the print out from my breath test at the station all looks to have been calibrated correctly.

I don't really know what to think. There could be a chance, but then again he could just be trying to get more cash out of me.
 
Oli said:
Well, I was stopped at 00:30 after not drinking for two hours. Previous to that I'd had 5 strong pints over the course of 8 hours. Silly I know, and I regret this massively. I thought I would be fine as I didn't feel like I couldn't control the car. Bottom line is, no ifs, buts or maybes, I shouldn't have driven. Fact.

I blew 0.67, which the brief seemed to think was very high considering the times involved. I do not know the ins and outs of it, I thought I was guilty and I am still thinking of pleading that way, but he seems to think there is a good chance of challenging it. He said that in the cases that have been successfully challenged, they had similar stories to mine. He said it was also rare for the prosecution to get all the necessary paperwork together and in the correct order to successfully convict you and that the barrister was very good in making the prosecution trip over their own arguements. Having said that, the print out from my breath test at the station all looks to have been calibrated correctly.

I don't really know what to think. There could be a chance, but then again he could just be trying to get more cash out of me.
Click to expand...

You should consider getting a second opinion from a solicitor specialising in road traffic & drink driving laws before you make a final decision.
 
Could you maybe PM me some recommended London based DUI specialist lawyers?

My case is on Thursday, so I don't have much time.

Oli
 
On what grounds would you challenge?

Working on the assumption that one strong pint of lager is 3 units of alcohol, each unit represents 7 micrograms and your liver dissipates alcohol at the rate of one unit per hour after the first hour .....

((5*3) - 9) * 7 = 42 micrograms

However, if you mistakenly had one extra pint, or your liver isn't so efficient, or one of many other factors the reading could be totally different.

How exactly, is a barrister acting in a magistrates court as an advocate, going to help you?
 
As I say, I don't really understand the ins and outs of court, lawyers and the like, hense me posting here. From what I gather, the barrister will attack the prosecutions case, find holes and trip them up.

But I think, mainly due to the lack of time and the amount of guilt I feel, I'll be pleading guilty.

Thanks for your help.
 
helloMy incident was in November 2004, the police didn't charge me until December. The lawyers asked me not to plead guilty as there were suspicions as to whether I was actually guilty..... 5 months later I was convicted in court.Result is that my 'spent' conviction for job applications etc has been prolonged, unnecessarily, for five months. I wish now that I had pleaded guilty and 'got it over and done with'.Good Luck with your case.Seashell
 
I was convicted in June after reading 52. I got the usual year plus 25% discount for good behaviour. Whilst on my rehabilitation course, one of the attendees said how he engaged a high profile lawyer, famous for getting people of DD charges. They charged £1,500 plus VAT just to look at the paperwork and then agreed to take the case on for a further £15,000.

On the day, the barrister advised the guy to plead guilty and he was banned for 20 months. Afterwards, the barrister said that he felt he had got off lightly. The guy on the course learnt (on the course) that his sentence was precisely in line with the sentencing guidelines.

Now, I have no idea of the veracity of this, but if true, does this sound like value for money?

Anyway, I am back on the road in 90 days or so. It's been a difficult period but it is supposed to be. Look on the bright side, you are likely to be much fitter and more healthy when you get your license back :D
 
Thanks for all your responses. It's really nice to have somewhere to talk to people who have been or are in the same position.

I am going to plead guilty and hope that I can reduce the ban to as little as possible.

I am not looking forward to tomorrow at all as I'm sure you can all appreciate. But, I shouldn't have driven, and sometimes you just need to stand up and be a man. Take the punishment, move on.

In retrospect, I needed a bit of kick up the ar$e. Maybe not quite as hard as this, but hopefully some good can come out of it. I think it will make me a better person in the long run. I just hope having a criminal record doesn't ruin my career, and the lack of car doesn't ruin my relationship.

Good luck and safe driving to all of you.
 
Good luck. You will feel like an idiot tomorrow, but we all were. We all learn and are thankful no one got hurt.
 
Yes, I certainly was.

On another note, I'm looking at 17-22 months ban. Has anyone actually got less than they were due? Or is this just an old wives tale?
 
Hi Oli

I got 12 months, a £200 fine which I was told I could pay off in instalments but as I had been told not to plead guilty etc I then became very wary - so paid the fine off in one payment.

I was very sad at the court - and I felt awful but the lessons I have learned are 1) obviously never repeat what had been done and 2) to try and stop others from making the same mistake and 3) never to judge anyone else.

We are all human and make mistakes but we should be given at least a chance to make amends and to be allowed to move on. Unfortunately I have been subjected to negative reactions ie job applications etc where I have to declare an unspent conviction...but I now feel that I am the stronger person for being more tolerant and they are not.

I wish you all the very best tomorrow and hope that whatever the outcome you will be able to move on with your life.

seashell
 
Hey everyone,

Just thought I'd follow up. I was given a 655 quid fine and a 16 month ban, down to 12 with the course.

Was a little unlucky in some respects, as I got a fully blown judge and not a magistrate. Possibly one of the most aggrivated men I have ever met and had sent 3 people to jail before I'd walked in!

So, nearly 2 weeks in now, just 50 left to go. Lost my gf in the process, but maybe that would have happened anyway.

All in all, a vile experience but lesson learnt.

Oli
 
Hi Oli

Lesson learnt. Hope you get your life back on track. And a gf you deserve. Wish you all the best.

:) seashell

P.s. with weather prediction - who needs a car....sleds all the way
 
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