Been caught with 88ml of breath

[sharonroadnight]

I was caught after I crashed into some parked cars, no one was injured. I was arrested and admitted it was my fault straight away. I spent the night in a cell and am due to appear in court on 16 Feb, I intend to plead guilty.

I just don't know whether to instruct a solicitor or use the duty solicitor.

My first ever criminal offence and drink driving offence.

I had been at a friends house and her bf started pushing her around and then smashed up the kitchen then left. I tidied up and comforted her for about half an hour before I made the stupid decision to drive under 1/3 of a mile away to the shop to buy cigarettes as we were both very shaken and in shock. I only got a few hundred yards away before I lost control of the car.

I didn't really feel drunk, I think this may be due to my change in anti depressants that they somehow subdued the effect of alcohol as they make me feel very buzzy, and even the officers at the station said I didn't appear drunk. It was only cos I smelt of alcohol that they knew I had been drinking.

I also care for my registered disabled mother and I am a single mum to a young boy.

All of this is on my police statement.

Do I have any chance at all with these circumstances of reducing my sentence - would it even be better if I represented myself?

Thanks

 

[Forum Moderator]

I was caught after I crashed into some parked cars, no one was injured. I was arrested and admitted it was my fault straight away. I spent the night in a cell and am due to appear in court on 16 Feb, I intend to plead guilty.

I just don't know whether to instruct a solicitor or use the duty solicitor.

My first ever criminal offence and drink driving offence.

I had been at a friends house and her bf started pushing her around and then smashed up the kitchen then left. I tidied up and comforted her for about half an hour before I made the stupid decision to drive under 1/3 of a mile away to the shop to buy cigarettes as we were both very shaken and in shock. I only got a few hundred yards away before I lost control of the car.

I didn't really feel drunk, I think this may be due to my change in anti depressants that they somehow subdued the effect of alcohol as they make me feel very buzzy, and even the officers at the station said I didn't appear drunk. It was only cos I smelt of alcohol that they knew I had been drinking.

I also care for my registered disabled mother and I am a single mum to a young boy.

All of this is on my police statement.

Do I have any chance at all with these circumstances of reducing my sentence - would it even be better if I represented myself?

Thanks

Upon a first conviction of driving with excess alcohol and a breath reading of 88, magistrates sentencing guidelines suggest a band C fine and a 17-22 month driving disqualification. These are guidelines only and magistrates can and sometimes do deviate from the guidelines based on both aggravating and mitigating factors surrounding each individual case, which may result in a more severe sentence or a less severe sentence than what the guidelines suggest.

The fact that you were involved in a road traffic accident will obviously be an aggravating factor in your case, however the shortness of distance driven will be a mitigating factor. Magistrates will take into account all factors surrounding the offence and all evidence including what appears in the police statement before passing sentence. However the sentencing guidelines are a good indication of what kind of sentence to expect.

The fact that the level of alcohol in your system at the time of the offence exceeded 87.5 microgrammes per 100 millilitres of breath means that you will be classed as a high risk offender. High risk offenders must satisfy the DVLA of their fitness to drive by taking and passing a DVLA medical before their driving licence will be returned to them upon expiry of their driving disqualification.

The majority of first time offenders usually benefit from the opportunity of taking the drink driving rehabilitation course, upon completion of the course you will be awarded a reduction in the length of any disqualification imposed of up to 25%.

You may find our guide to appearing at magistrates court for drink driving offences useful and it may help you decide whether or not to use the duty solicitor or instruct a solicitor to represent you on the day of your court case. I would not recommend representing yourself at court, a solicitor is in a much better position to represent you. Ultimately, this decision is a decision which only you can make.

Please let us know the outcome of your court case, as it may help others who find themselves in a similar situation to yourself at some point in the future.

 

[sharonroadnight]

Thanks very much, I will post on here with the outcome.

Because I crashed into parked cars is there a possibility I could also be charged with dangerous or careless driving and received points on my licence as well?

 

[ally]

Hi
I blew 97, didn't crash into anything or hurt anyone, first ever offence I got £145 court costs and victim something or other, 6 week community order 9pm - 6am curfew (tag and 24 month ban, offered the course that will reduce it.
We all have circumstances but it is what it is, good luck at court we are all here to support you.