Drink Driving alcohol limit 76

Convicted Driver Insurance

mbona

New Member
Good afternoon,

I was stopped for drink driving on 06 Oct. Stupid. I have had a clean licence and rely on my car for work. I am holding down this job even though it does not pay me that well. I have since been looking for a legal solicitor for the Essex area but is getting blanks. Any help?
 
Are you “bang to rights?” If so, why do you want a solicitor, as you WILL be banned for drink driving and may as well save the money towards your fine!
Give a brief description of what happened and what your reading was and you can get more detailed advice on here about what to expect.
 
Just to add to Price's good advice it doesn't matter if you rely on your car, the court is obliged to ban you if you are found guilty. There is no opportunity for arguing exceptional hardship.

However, most solicitors will do a free consultation so if you think you have a defence there is no harm in asking. You need to search for a specialist motoring solicitor, as Sean on here is. The best ones tend to cover large areas so may be based some way away, albeit of course that specialism comes at a price which you generally can't recover even if found not guilty.
 
Just to add to Price's good advice it doesn't matter if you rely on your car, the court is obliged to ban you if you are found guilty. There is no opportunity for arguing exceptional hardship.

However, most solicitors will do a free consultation so if you think you have a defence there is no harm in asking. You need to search for a specialist motoring solicitor, as Sean on here is. The best ones tend to cover large areas so may be based some way away, albeit of course that specialism comes at a price which you generally can't recover even if found not guilty.
Thanks all. I have quickly realised that legal aid does not cover drinking offences. I was wondering if there is a way to delay 'sentencing?' I accept that I am facing a driving ban but wish to buy a little more time to 're-arrange' myself by looking for another job
 
The only way to do that is to plead “not guilty” and it will then be adjourned. BUT you with then face prosecution costs of £620 instead of £85 for a guilty plea. It will still be higher even if you change your plea back to guilty afterwards.

Depending on the timescale between you being charged, and the court appearance, you could try saying to the magistrates that you have not had the opportunity to consult properly with a solicitor and would like to do so before entering a plea. They MAY adjourn for 2 weeks, Or they might say, “come back after lunch and speak to the duty solicitor in the court building in the meantime.”
 
The only way to do that is to plead “not guilty” and it will then be adjourned. BUT you with then face prosecution costs of £620 instead of £85 for a guilty plea. It will still be higher even if you change your plea back to guilty afterwards.

Depending on the timescale between you being charged, and the court appearance, you could try saying to the magistrates that you have not had the opportunity to consult properly with a solicitor and would like to do so before entering a plea. They MAY adjourn for 2 weeks, Or they might say, “come back after lunch and speak to the duty solicitor in the court building in the meantime.”
Thank you so much for the above response. I have decided to turn up to court alone and try the "opportunity to consult properly with a solicitor....line!" Its a gumble I know. In my mind, I have also decided to show up early just in case there is any duty solicitors present.

I am dreading the hearing. I am also motivating myself with advantages of not driving the greatest thing that will come out of this is I will be forced to walk a lot more. Walk everywhere whenever possible and get me fit again. :) I will definately post an update.
 
Thank you so much for the above response. I have decided to turn up to court alone and try the "opportunity to consult properly with a solicitor....line!" Its a gumble I know. In my mind, I have also decided to show up early just in case there is any duty solicitors present.

I am dreading the hearing. I am also motivating myself with advantages of not driving the greatest thing that will come out of this is I will be forced to walk a lot more. Walk everywhere whenever possible and get me fit again. :) I will definately post an update.
You WILL receive a mandatory 12 month driving ban. Paying for a solicitor will NOT influence the magistrate's or aid your case one jot as they are duty bound by law to give you that as the minimum sentence. Take the 12 months on the chin and, without sounding patronising, learn from your mistake. Your name will also appear in the local press after sentence (standard practice) which is embarrassing. Your current employer could find out about your penalty that way. Depending on your relationship with your boss and you still wish to stay with current employer, you could be honest and mention what's about to happen to you. You don't have to however, but food for thought. Good luck.
 
Thank you so much for the above response. I have decided to turn up to court alone and try the "opportunity to consult properly with a solicitor....line!" Its a gumble I know. In my mind, I have also decided to show up early just in case there is any duty solicitors present.

I am dreading the hearing. I am also motivating myself with advantages of not driving the greatest thing that will come out of this is I will be forced to walk a lot more. Walk everywhere whenever possible and get me fit again. :) I will definately post an update.
Exactly the right attitude, if you read posts on here people miss their car for a bit but soon realise you can still get around.

I would recommend a pushbike. I work in a congested city. I had to drive rather than cycle the other day because my bike was in for repairs and it took thirty minutes longer! You will soon enjoy zipping past queues of traffic.
 
Hearing was today I got 20 month ban, £485 fine and was offered the drink course which would reduce my sentence by a quarter if completed on time . Yes that’s me. Can’t help regretting all this but will now match on.
 
Yep worst parts out the way, now every day is a day less of your ban and a day you are a bit fitter! Silver linings and all that.
 
You didn’t say what your reading was in breath, but the guidelines for 60-89 is 17-22 months so you fall in the middle if your reading is in that range. It could have been better, but it could have been worse!
 
Oh and I did try to adjourn but judge would not have it. Asked me to step outside and see the duty solicitor
You didn’t say what your reading was in breath, but the guidelines for 60-89 is 17-22 months so you fall in the middle if your reading is in that range. It could have been better, but it could have been worse!
Hi there, my reading was 76 ! I walked and trained it to work today. walk from West Malling to my office was a 30 min uphill one ! I am definately looking forward to getting fit and breathing fresh air
 
Oh and I did try to adjourn but judge would not have it. Asked me to step outside and see the duty solicitor

Hi there, my reading was 76 ! I walked and trained it to work today. walk from West Malling to my office was a 30 min uphill one ! I am definately looking forward to getting fit and breathing fresh air

It was worth a try to get it put off..... and yes, I did spot the clue in your heading after I had posted. I had even read through all your posts looking for the reading - which was right in front of me!
 
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