gutted
Established Member
I am aware that people are getting caught drink driving all the time, and that it may be the first time they have ever been in any kind of trouble (this was certainly the case with me). It's a very stressful time, especially for 'middle Britain' (too much income for legal aid, not wealthy enough to hire a solicitor). I found reading about other people's experiences somewhat comforting, so I've outlined my experience here, from start to finish.
I was charged with drink driving. Alcohol in breath was 105 (3 x legal limit) and there were aggravating factors as I went through a red light. I was granted unconditional bail to attend court at later date (3 weeks later).
On arriving at court I spoke to the duty solicitor to explain why the offence had occurred, and to ask whether the magistrates might be leniant in light of my mitigation. He response was that "they have guidelines which they follow and it is highly unlikely that anything you say will sway them from the guidelines".
He commented that I might be able to argue special reasons, but continued that this is notoriously difficult. I was told to expect between 23 - 28 months disqualification, and a medium level community order (e.g. 80 hours unpaid work and a 12-month supervision order).
I chose not to be represented by the duty solicitor, pleaded guilty and outlined my mitigation. The hearing was adjourned for one week so a pre-sentencing report could be carried out. I would re-attend court for sentencing immediately after the pre-sentencing report. I was given an intermediate driving disqualification.
I proceeded to get quotes from 5 solicitors for a special reasons hearing, ranging from £1000 - £2500. I was given mixed information - some telling me I had an excellent chance, others telling me I had no chance. One told me if unsuccesful I was likely to get the max available punishment (28 months disqualification and high level community order without the option to do the course). Elsewhere I was told it would have no effect.
Due to the high cost of hiring a solicitor, the mixed advise I was given, and the stress of not knowing what I would get, I chose not to plead special reasons.
On meeting with the probation officer, I outlined my mitigation and provided all applicable evidence (signed witness statements, character references and photographs of the scene). He recommended a conditional discharge to the magistrates.
I then went to the hearing and asked to be able to address the bench. I told them the circumstances and explained why I was not arguing special reasons. I asked for them to consider the mandatory 12 month ban rather than the 2 years plus I was anticipating. The result was a conditional discharge and a 12 month ban. I can (will) get this reduced to 9 months on completion of the course. I have decided to make a donation of £500 to CADD in respect of any fine the court may have otherwise given me.
I believe I was very lucky with the judgement I received, but I maintain it was the correct judgement and it has certainly strengthened my faith in the British justicial system, who showed a willingess to consider individual cases on their merit. One thing is for sure, I certainly won't be drinking and driving again ... even if special reasons do apply.
I was charged with drink driving. Alcohol in breath was 105 (3 x legal limit) and there were aggravating factors as I went through a red light. I was granted unconditional bail to attend court at later date (3 weeks later).
On arriving at court I spoke to the duty solicitor to explain why the offence had occurred, and to ask whether the magistrates might be leniant in light of my mitigation. He response was that "they have guidelines which they follow and it is highly unlikely that anything you say will sway them from the guidelines".
He commented that I might be able to argue special reasons, but continued that this is notoriously difficult. I was told to expect between 23 - 28 months disqualification, and a medium level community order (e.g. 80 hours unpaid work and a 12-month supervision order).
I chose not to be represented by the duty solicitor, pleaded guilty and outlined my mitigation. The hearing was adjourned for one week so a pre-sentencing report could be carried out. I would re-attend court for sentencing immediately after the pre-sentencing report. I was given an intermediate driving disqualification.
I proceeded to get quotes from 5 solicitors for a special reasons hearing, ranging from £1000 - £2500. I was given mixed information - some telling me I had an excellent chance, others telling me I had no chance. One told me if unsuccesful I was likely to get the max available punishment (28 months disqualification and high level community order without the option to do the course). Elsewhere I was told it would have no effect.
Due to the high cost of hiring a solicitor, the mixed advise I was given, and the stress of not knowing what I would get, I chose not to plead special reasons.
On meeting with the probation officer, I outlined my mitigation and provided all applicable evidence (signed witness statements, character references and photographs of the scene). He recommended a conditional discharge to the magistrates.
I then went to the hearing and asked to be able to address the bench. I told them the circumstances and explained why I was not arguing special reasons. I asked for them to consider the mandatory 12 month ban rather than the 2 years plus I was anticipating. The result was a conditional discharge and a 12 month ban. I can (will) get this reduced to 9 months on completion of the course. I have decided to make a donation of £500 to CADD in respect of any fine the court may have otherwise given me.
I believe I was very lucky with the judgement I received, but I maintain it was the correct judgement and it has certainly strengthened my faith in the British justicial system, who showed a willingess to consider individual cases on their merit. One thing is for sure, I certainly won't be drinking and driving again ... even if special reasons do apply.
