drunk in charge

[taz]

hi, I'm after some advice for my partner who was caught sitting in her vehicle and subsequently arrested, breathalysed and blew 67, then was interviewed, answering no comment on the police station legal reps advice. This happened over 3 weeks ago as they didn't charge her there and then to look for evidence of driving, she answered bail the other day to be charged with drunk in charge of a motor vehicle whilist over the legal limit.

We have several queries as have read and received differing advice.

- Solicitor for mitigation. Some say for a guilty plea its not worth it, others say it may reduce sentence? Whats best?

- Reference letters, police station rep said to obtain 3 proffessional person character refs but not to include what the charge is for. I've read online that a letter to magistrate must state the reference is aware of the charges. Which one please?

- Have read that 10 points and fine are likely, is she likely to receive a ban?

Thanks for your advice, court date well into new year so plenty of time to prepare!!

 

[Forum Moderator]

hi, I'm after some advice for my partner who was caught sitting in her vehicle and subsequently arrested, breathalysed and blew 67, then was interviewed, answering no comment on the police station legal reps advice. This happened over 3 weeks ago as they didn't charge her there and then to look for evidence of driving, she answered bail the other day to be charged with drunk in charge of a motor vehicle whilist over the legal limit.

We have several queries as have read and received differing advice.

- Solicitor for mitigation. Some say for a guilty plea its not worth it, others say it may reduce sentence? Whats best?

- Reference letters, police station rep said to obtain 3 proffessional person character refs but not to include what the charge is for. I've read online that a letter to magistrate must state the reference is aware of the charges. Which one please?

- Have read that 10 points and fine are likely, is she likely to receive a ban?

Thanks for your advice, court date well into new year so plenty of time to prepare!!

Whether or not hiring a solicitor for mitigation is 'worth it' will depend on many factors and the ultimate outcome of the case. For some people it is well worth it, for others, not so much. It is all about maximising your chances of securing a lenient sentence by way of mitigation or putting forward the best possible defence.

For some people, saving the money they would shell out for a motoring lawyer will be more important than receiving the shortest possible driving ban (or avoiding one). For other people, receiving the shortest possible driving ban (or avoiding one) and getting back on the roads as quickly as possible will be far more important and well worth the money spent for a good solicitor. Of course, it depends on what kind of sentence you could receive too. If you are looking at a prison sentence then most people will think it is 'worth it' to do everything in their power to avoid this. Only the individual can weigh up the pro's and con's and decide if it is 'worth it'.

As far as character references are concerned. I think it is best for the referee to acknowledge that they are aware they are writing a character reference for the Magistrates Court.

A driving ban is discretionary when convicted of being in charge of a vehicle with excess alcohol unless the level of alcohol in the blood is extremely high, if there are aggravating factors surrounding the case such as a high liklihood of driving then a ban would be likely.