28 years clean licence and then...

Convicted Driver Insurance

Alligator83

New Member
Couple of days ago, missed getting to the local shop before it closed at 9pm. Tesco Metro open round the corner 5 min drive. Hopped into the car. On the way back motorcyclist piled into me. I was turning right, so my fault. Guy picked himself up, no damage to him or bike. Called coppers and I'm positive. Back at station give 71 micro breathalyser, so x2 the limit. In the nick 'till 0530 cos they were busy. Court in 10 days time on DUI charge, no mention of dangerous or without due care and attention. No previous. Live in London, work 85 miles North, drive every day to the office. ANY mitigating circumstances worth mentioning?!
 
Hi there,

The fact that you have no previous convictions is a mitigating feature in relation to your case. However, the Court will very concerned with the fact that an accident took place and will consider your case more seriously in view of this.

If you intend to plead guilty, then the sentencing guidelines would suggest that a ban of between 17 - 22 months is likely for an evidential reading of 71mg in breath with a fine based on your income, court costs and victim surcharge of £15 on top. This may be higher in view of the accident.

The court will take into account aggravating and mitigating factors and may vary the sentence accordingly. As states above, the fact that an accident was caused is likely to be an aggravating factor that the court won't like.

Because you are unlikely to receive a prison sentence then legal aid probably won't be granted and if you wanted to take formal legal advice and arrange representation before going to court then this is something that you would have to fund yourself. The cost of this will depend on the level and quality of service that you require.

The drink drive rehabilitation course should be requested when you are in court. If it is not offered to you there and then then it will be too late to ask for it afterwards. Successful completion of the drink drive rehabilitation course will entitle you to a maximum reduction in disqualifcation of 25%.

The course is provided by various training companies and the cost can vary. A list of course providers and information about costs can be found at http://www.drinkdriving.org/drink_driving_course.php#courseproviders


If you chose to be represented then a motoring solicitor can check the evidence at court to ensure that the police followed all the correct procedures before you decide to plead guilty. Going to Court can be a daunting prospect for those who have never experienced it before. Please do not hesitate to contact me if you want help in arranging representation. We have many many years experience in this area of law and can arrange representation in any court in England or Wales and we can usually provide a service to match your budget.​
 
Last edited by a moderator:
Sean,
Thanks for your prompt response. Is the fact that I was subsequenty found to be over the limit evidence that I caused the accident? The fact that you say it may be an aggravating factor suggests that the Court will assume I was the cause.
Thanks
 
It is impossible to say who the Court will attribute the cause of the accident to. There is a danger that the Court could consider that you were at fault. This issue could be dealt with at Court if required by a lawyer.
 
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