No representation - caught drink driving HELP!

[jordie13]

Firstly I know drink driving is stupid but in my defence it was a morning after situation were as I believed I would not be over the limit. I got pulled over by the police for narrowly missing a red light. They said the could smell alcohol on my breath then did breathalyser and i blew 60, which i was extremely surprised at! I am a student studying criminology and the criminal justice system, ironically. I have no criminal record and no traffic offences. I was just wondering if anyone could give me advice on representing my self in court with regards to procedure and what to say as I do not qualify for legal aid and cannot afford legal representation. I know the type of ban and fine I will be facing ect.. but I have spoke to a few people who have been given a large amount of points and a large fine instead of being banned? I care for my disabled mother who needs trip to the hospital, doctors chemist frequently so I need my car to be able to do this. My university is also 40 minutes away therefore my car is needed for this as i am in my last year so need to be able to freely get to and from uni as I am doing my dissertation and i need to be back for my mother therefore public transport is extremely unreliable due to the area I live in. I know this was a stupid mistake but i am a bright girl who made one silly mistake and believe me I am paying for it! Any advice would be welcome!

Also i would like to note that the police who arrested me said I had been involved in a road traffic accident and this is the reason why he stopped me, and when i went to pick my car up from the garage he had had it towed to they showed me on the paper where the officer had marked the car to show where it had been hit? I have three witnesses to say that this accident did not take place. Can anyone shed any light on this also?

 

[price1367]

Geordie13

Sadly the reasons you have quoted are not grounds to not disqualify you. A ban is compulsory unless you can show exceptional circumstances surrounding your actual journey at the time you were stopped. That has to be a matter of life or death, only driving a very short distance (yards) etc.
the only thing you can do is to try to minimise the length of the ban, but the minimum is 12 months, which you can then get reduced by asking (in case the magistrates forget to offer) to go on a drink drive rehabilitation course. This lasts for about 2 1/2 days and is aimed to be educational rather than a 'bollocking'.
On a 12 month ban, you get a reduction of 3 months. Above that you get up to 25% off your ban, and it also helps with insurance when you get back on the road.
with a reading of 60, the guidelines are 17-22 months, you could get under that with some eloquent talking and a smart appearance, stressing how disappointed you are with yourself, but made a misjudgement the next day.

As to the 'accident' it appears that the police officer may have received information that you had been involved in an Road Traffic Collision. (The current term for an accident). Having stopped you, he can require a breath test if he reasonably believes that you have been involved in a RTC, but he may have opted to breath test you for 'suspicion of having alcohol in your body' - as he smelled alcohol on your breath. If the accident was genuine, you would have been interviewed about it. (were you?) you would also have to be supplied with the details of the other vehicle.
you can request to be supplied with a copy of your custody record (up to 12 months after the event) which should show the actual grounds for your detention. You can also request a copy of the custody video relation to your detention. This is often limited to about 28 dAys as they are not routinely kept for a long time. This will show what the officer said when he explained your arrest to the custody officer.

At court you can get free advice from The duty Solicitor,there is one at every court each day. They will give you advice, but often do not go in to represent you follow readings as they cannot claim for. The court appearance unless there is a substantial risk of custody. (Which in your case there isn't)

i wish you well.