caught drink driving

[trd_gt]

Hi, on the 30th of august at 4am I was stopped for drink driving. I had no intention of driving home after a night out when I realised I was over the limit. I had parked my car in an area which would have it towed away if not removed by morning so I literally drove about 50 metres, i spotted a no entry road which was fairly small and I reversed into it and stopped on the side of the road. At the time the police pulled up beside me my car was stationary but the police say they saw me reverse into the road. I failed the breathtest and was taken to the police station, although this being said, the police did not place me in hand cuffs. I was given a reading of 68mg on the breath test machine at the station and was remanded in custody for three hours before being released. I was allowed to come back that same evening to retrieve my car and drive home as the police drove my car back to the station and parked it outside. I have never been in trouble with the police or been arrested although I do have nine points on my license for speeding which was by speed cameras. 6 points are due to come off next year and a further 3 the following year. What chances do I stand of staying out of jail and recieving a minimal driving ban? I was very co-operative with officers and in midst of it all managed to have a few laughs by the arresting officer. I am no currently working and I have other debts to pay which I am already being threatened for, what could I do? I have heard about duty solicitors but I have no idea what that is, please advise me on this as I am very scared I will be sent to prison.

 

[SeanJoyceStephensons]

Hi,

You are likely to be sentenced to a ban of 17 - 22 months from the reading that you have outlined. This presupposes that you intend to plead guilty to the offence with which you are charged.


If the length of ban is important to you I think that we may be able to help you persuade the Court to impose a lesser disqualification. The minimum is 12 months.


Should you require a Solicitor it is important to instruct one as early as possible. Drink Driving law is a highly specialised area of law. As such, you are best to seek the services of an expert motoring lawyer in order to maximise your prospects of success. This is particularly so if a ban would result in you losing your job. A conviction would also be a criminal one. Whilst you may be able to use a duty solicitor at Court, their services are not guaranteed. Furthermore, if you are lucky enough to speak to one you may only get 5 - 10 minutes at most and you will have no control over the skill or expertise of the duty solicitor at Court that day.


The police frequently make errors in the procedure, either at the road side or at the police station. We have dealt with situations like yours before with success and are able to offer advice on whether the procedure was followed correctly with a view to persuading the Court to rule your breath sample as inadmissible.


We offer 2 levels of service to people who are considering challenging the case against them:

(1) A written opinion on your prospects of success and the defences that can and should be run in your case. This is often used by people who would like to represent themselves or who would like the benefit of our expertise and intend to use a less experienced and cheaper solicitor.

(2) Full representation to trial. If you were successful you would be entitled to reimbursement of your legal fees paid subject to taxation.
If you wanted to proceed further then we would invite you to contact us in order to discuss matters further.


If you wanted to plead guilty your sentence will depend on the level of alcohol recorded in your breath.

If you require our expert assistance please contact us on the number below.