Help- drink driver court on 14th december

[Tashaperry]

Hello,
I'll explain my story so it can be understood as little better- on Saturday night I went out for a few drinks with the girls all way well until I had a really nasty fall in the girls toilets I hit the floor HARD. and was incredibly embarrassed I don't know why but I just got up ran out of the place we were and headed up to my car. I got in and drive about 3-5 miles before realising how bad it was that I was driving after drinking. I pulled into a layby and called my partner to pick me up he said he would have been along in a but 10-20 minutes but the police arrived before he did! They said a taxi man had called and reported me. They took my breath and I blew over so they took me to a police station in Newcastle. I was very cooperated and was just crying like mad when they approached my car as I realised how bad it really was. At the station I was breathalysed again and blew 75.. the limit is 35 so obviously quite bad. I was interviewed in the morning I believe this was because I hadn't actually been seen driving. Again I cooperated and then the police officer took me home.
Iv been looking through the forums and posts etc and I'm really stuck with what to do next. I am a travelling/driving carer I have never been in trouble with the law I am 20 and have 3 years no claims (had) so they know it was something I haven't done before.
I want to know whether I should get a solicitor to help me with a plea of mitigation. I live out in the middle of nowhere with no access to public transport so being a travelling carer will just go out the window but I'm more concerned about my clients. I have been going to the majority of them for a long long time, I have clients with dementia who trust me because I know them well and I have been supporting them from day 1. I have a male client I have cared for for the past year who is very poorly and he health declines if I take a week off work because it's a change in his life and every needs to have a different carer there and my worried about the impact it will have on him. I just need to help and advice because I only have 2 weeks and I'm absolutely terrified. I know the 12 month ban in mandatory and it's highly unlikely I'll get to keep my licence but if they could be lenient that would really help because obviously I was badly over the limit. Any advice or questions would be hugely appreciated...
Thanks Tasha x

 

[Forum Moderator]

Hello,
I'll explain my story so it can be understood as little better- on Saturday night I went out for a few drinks with the girls all way well until I had a really nasty fall in the girls toilets I hit the floor HARD. and was incredibly embarrassed I don't know why but I just got up ran out of the place we were and headed up to my car. I got in and drive about 3-5 miles before realising how bad it was that I was driving after drinking. I pulled into a layby and called my partner to pick me up he said he would have been along in a but 10-20 minutes but the police arrived before he did! They said a taxi man had called and reported me. They took my breath and I blew over so they took me to a police station in Newcastle. I was very cooperated and was just crying like mad when they approached my car as I realised how bad it really was. At the station I was breathalysed again and blew 75.. the limit is 35 so obviously quite bad. I was interviewed in the morning I believe this was because I hadn't actually been seen driving. Again I cooperated and then the police officer took me home.
Iv been looking through the forums and posts etc and I'm really stuck with what to do next. I am a travelling/driving carer I have never been in trouble with the law I am 20 and have 3 years no claims (had) so they know it was something I haven't done before.
I want to know whether I should get a solicitor to help me with a plea of mitigation. I live out in the middle of nowhere with no access to public transport so being a travelling carer will just go out the window but I'm more concerned about my clients. I have been going to the majority of them for a long long time, I have clients with dementia who trust me because I know them well and I have been supporting them from day 1. I have a male client I have cared for for the past year who is very poorly and he health declines if I take a week off work because it's a change in his life and every needs to have a different carer there and my worried about the impact it will have on him. I just need to help and advice because I only have 2 weeks and I'm absolutely terrified. I know the 12 month ban in mandatory and it's highly unlikely I'll get to keep my licence but if they could be lenient that would really help because obviously I was badly over the limit. Any advice or questions would be hugely appreciated...
Thanks Tasha x

Upon conviction of driving with excess alcohol and a breath reading of 75 magistrates sentencing guidelines suggest a 17-22 month driving disqualification and a band C fine. As a first time offender, the magistrates will more than likely offer you the opportunity of taking the drink driving rehabilitation course, completing the course can reduce the length of any period of disqualification imposed by up to 25%.

Whether or not you should instruct a solicitor to put forward a plea of mitigation on your behalf is a decision only you can make. There should be a duty solicitor you can see free of charge on the day of your court case, however, the time they can spend constructing a mitigation plea will be limited and whether or not they can represent you will depend on how busy they are on the day in question.

You could write a letter to the magistrates outlining the effect a disqualification will have not only on yourself but on the clients who you care for which may help reduce the length of disqualification imposed. Several positive character references may also help.

If you decide on instructing a solicitor, you may be able to find one local to you who specialises in drink driving cases via our solicitors directory.

You may also find our guide to appearing at magistrates court for drink driving offences useful to you.

Let us know what you decided to do and 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.

 

[Routemaster]

Hello,
I'll explain my story so it can be understood as little better- on Saturday night I went out for a few drinks with the girls all way well until I had a really nasty fall in the girls toilets I hit the floor HARD. and was incredibly embarrassed I don't know why but I just got up ran out of the place we were and headed up to my car. I got in and drive about 3-5 miles before realising how bad it was that I was driving after drinking. I pulled into a layby and called my partner to pick me up he said he would have been along in a but 10-20 minutes but the police arrived before he did! They said a taxi man had called and reported me. They took my breath and I blew over so they took me to a police station in Newcastle. I was very cooperated and was just crying like mad when they approached my car as I realised how bad it really was. At the station I was breathalysed again and blew 75.. the limit is 35 so obviously quite bad. I was interviewed in the morning I believe this was because I hadn't actually been seen driving. Again I cooperated and then the police officer took me home.
Iv been looking through the forums and posts etc and I'm really stuck with what to do next. I am a travelling/driving carer I have never been in trouble with the law I am 20 and have 3 years no claims (had) so they know it was something I haven't done before.
I want to know whether I should get a solicitor to help me with a plea of mitigation. I live out in the middle of nowhere with no access to public transport so being a travelling carer will just go out the window but I'm more concerned about my clients. I have been going to the majority of them for a long long time, I have clients with dementia who trust me because I know them well and I have been supporting them from day 1. I have a male client I have cared for for the past year who is very poorly and he health declines if I take a week off work because it's a change in his life and every needs to have a different carer there and my worried about the impact it will have on him. I just need to help and advice because I only have 2 weeks and I'm absolutely terrified. I know the 12 month ban in mandatory and it's highly unlikely I'll get to keep my licence but if they could be lenient that would really help because obviously I was badly over the limit. Any advice or questions would be hugely appreciated...
Thanks Tasha x

Since you were only sat in your car at a layby, you might only get charged with drunk in charge.

 

[Forum Moderator]

Since you were only sat in your car at a layby, you might only get charged with drunk in charge.

What offence have you actually been charged with?

Have you have been charged with driving (or attempting to drive) with excess alcohol under section 5(1)(a) of the Road Traffic Act 1988? or in charge of a vehicle with excess alcohol under section 5(1)(b) of the Road Traffic Act 1988?

If the taxi driver who reported you had not seen you drive then why did he report you? Did you admit to driving after consuming alcohol in the nightclub when you were interviewed?