Drink Driving 3rd October

[AndrewDS]

Hi,

I was stopped in Fulham Rd on the night Sat 2nd/3rd October (abour 00:30am), whilst being drunk in charge of my vehicle, which I instantly admitted on being stopped.

At the station I blew 71mg, and was put in a cell for the night, being rechecked at 6am, blowing 39mg, after which they charged and released me.

The whole time I was fully co-operative with the Police.

This is my first offence, and I have no idea what I am supposed to do at court (on the 11th Ocotber). My concerns are also that 71 is 1mg over the band, and so I suspect I am in for a more severe punishment, and am very worried as I need a car for my job.

Regarding why I was driving when I shouldn't have been, as I explained to the police, I had intended to stay with a girlfriend that night, but an argument resulted in my storming off and decideing to just go home.

I intend to plead guilty and was intending to represent myself, but on reflection I think I need some legal advice and maybe a solicitor, though I fear I may not be able at present to afford one. Any advice would be greatly appreciated.

Andrew

 

[SeanJoyceStephensons]

Drunk in charge carries a discretionary, rather than mandatory ban (unlike drink driving). If the Court does not ban you they will impose 10 points on your licence. The decision whether to ban you or not will depend on the overall circumstances of the offence including what you may have said in any police interview. In particular the court will consider whether you had already driven or would have driven with that level of alcohol.

The "band" that you mention is based on the sentencing guidelines. They are guidelines and not necessarily set in stone. It is possible for a good advocate to persaude the court that a lesser punishment is justified, depending on the overall circumstances.

When you get to court you are entitled to see a copy of the prosecution evidence before entering your plea. A solicitor would consider this evidence and advise you what to do.

As this is your first offence and the alcohol level is below the threshold for a prison sentence you are unlikely to get legal aid. However you can secure the services of a solicitor for a fixed fee and this usually turns out to be a worthwhile investment by providing peace of mind, making the experience of going to court easier to deal with and helps secure the best outcome.

We provide specialist solicitors and barristers and can cover any court in mainland UK. Call us on 08450020736 for more detailed, no obligation telephone advice about your case.