Drink Driving and Aggravating Factors

DaveRam

Member
Hello,

I have recently been caught drink driving and have a 86 breath specimen. I saw the police at the side of the road when I passed them they followed me. I pulled down a side street and got out the car and ran down the street.

This only ended up me being arrested, doing a road side test, being taken to the station and and doing two more breath tests. The specimen was 86, I then continued to do my prints and then put me in a cell for 3-4 hours.

After that I did anther specimen where I was under the limit. I was charged with drink driving and able to leave the police station.

My paper work does not mention anything apart from drink driving. Will they use the aggregating factors against me? Would I be told about them before hand or only on the day? How will this effect my sentencing?

Thanks 🙏
 

Rosie

Well-known member
Hi, i can only speak for my own experience here, so for a professional opinion you can put this question to the solicitor in the 'Ask a Lawyer' section.

Anyway, I crashed my car into a roundabout and also lied at the roadside saying i wasnt driving and again during the interview, until i finally had to admit it due to the laws of "having to name the driver"... and neither of these aggravating factors were mentioned at sentencing.. the prosecution and probation guy only mentioned the drink driving arrest, the reading and that although the reading was high and into the custodial bracket, he did not recommend i serve a prison sentence.
(As a matter of irony, his little speech did more for me than my own solicitor's defence speech!).

Definitely worth while seeking professional advice though.. they can put forward a mitigation that you "left the scene through initial panic, then co-operated fully.." type of thing...
but if the prosecution doesnt mention it then theres no reason for your solicitor to bring it up.
 

DaveRam

Member
Hi, i can only speak for my own experience here, so for a professional opinion you can put this question to the solicitor in the 'Ask a Lawyer' section.

Anyway, I crashed my car into a roundabout and also lied at the roadside saying i wasnt driving and again during the interview, until i finally had to admit it due to the laws of "having to name the driver"... and neither of these aggravating factors were mentioned at sentencing.. the prosecution and probation guy only mentioned the drink driving arrest, the reading and that although the reading was high and into the custodial bracket, he did not recommend i serve a prison sentence.
(As a matter of irony, his little speech did more for me than my own solicitor's defence speech!).

Definitely worth while seeking professional advice though.. they can put forward a mitigation that you "left the scene through initial panic, then co-operated fully.." type of thing...
but if the prosecution doesnt mention it then theres no reason for your solicitor to bring it up.

Rosie, thank you for the response massively appreciated.
Just out of curiosity how much did you pay for a lawyer and did they come with you on the day?

Thanks again
David
 

Rosie

Well-known member
Rosie, thank you for the response massively appreciated.
Just out of curiosity how much did you pay for a lawyer and did they come with you on the day?

Thanks again
David
£800 + court costs if i remember correctly (Id have to dig out the paperwork as it was back in 2015). Yes my solicitor was with me on the day but to be honest, he didnt do very much apart from keep it brief and to the point and because the prosecution didnt mention the aggravating factor of me crashing the car rather than being pulled over OR the fact i lied in a recorded interview, then my solicitor certainly never brought it up!
Actually, I reckon even though his "speech" was short, it was probably better for it to be that way as it kind of "played down" things.

So i would mention the fact you left the scene to your lawyer so he/she is warned on the day whether they bring it up or not, but no need to mention it unless prosecution does and your lawyer has to mitigate, is my opinion.... basically, dont give them any more ammunition than they already have! :)
 

DaveRam

Member
£800 + court costs if i remember correctly (Id have to dig out the paperwork as it was back in 2015). Yes my solicitor was with me on the day but to be honest, he didnt do very much apart from keep it brief and to the point and because the prosecution didnt mention the aggravating factor of me crashing the car rather than being pulled over OR the fact i lied in a recorded interview, then my solicitor certainly never brought it up!
Actually, I reckon even though his "speech" was short, it was probably better for it to be that way as it kind of "played down" things.

So i would mention the fact you left the scene to your lawyer so he/she is warned on the day whether they bring it up or not, but no need to mention it unless prosecution does and your lawyer has to mitigate, is my opinion.... basically, dont give them any more ammunition than they already have! :)
Thanks : )
 

Papa Lazarou

Active member
Hello,

I have recently been caught drink driving and have a 86 breath specimen. I saw the police at the side of the road when I passed them they followed me. I pulled down a side street and got out the car and ran down the street.

This only ended up me being arrested, doing a road side test, being taken to the station and and doing two more breath tests. The specimen was 86, I then continued to do my prints and then put me in a cell for 3-4 hours.

After that I did anther specimen where I was under the limit. I was charged with drink driving and able to leave the police station.

My paper work does not mention anything apart from drink driving. Will they use the aggregating factors against me? Would I be told about them before hand or only on the day? How will this effect my sentencing?

Thanks 🙏
I'm no expert but I've been nicked in the past for petty stuff ( mainly Public order , resisting arrest etc ) and I've always had every mortal thing added on my charge sheet ! It could be one of two things ( one legally you should seek help with from your solicitor or duty solicitor ) First , they haven't charged you for trying to get away ( legged it ) and only charged you for your initial Breath test and therefore just charged you for DUI.Second , which I'd seek help with , is to get your Solicitor to find out if you definitely haven't been charged with Agrevated DUI which I don't think you have ! But it could be a total diff story in court if it's sprung on you and will affect the outcome . I'd get a Brief on it now to check . Hope you go on ok
 

Rosie

Well-known member
I'm no expert but I've been nicked in the past for petty stuff ( mainly Public order , resisting arrest etc ) and I've always had every mortal thing added on my charge sheet ! It could be one of two things ( one legally you should seek help with from your solicitor or duty solicitor ) First , they haven't charged you for trying to get away ( legged it ) and only charged you for your initial Breath test and therefore just charged you for DUI.Second , which I'd seek help with , is to get your Solicitor to find out if you definitely haven't been charged with Agrevated DUI which I don't think you have ! But it could be a total diff story in court if it's sprung on you and will affect the outcome . I'd get a Brief on it now to check . Hope you go on ok
Yes, i guess every case is different and i was surprised that my aggravating factors werent brought up, neither the arresting officers nor the officer who recorded my interview was there but im reckoning it was because i accepted i was driving and they knew they didnt have to attend because the ban would have been mandatory once i had accepted responsibility.... so the police would assume "well we got another idiot, so leave it in the hands of the magistrates..."
I guess if i had insanely pleaded "not guilty" and went to trial it would have been another matter! I might well be typing this, discreetly in jail!
(Im not, i hasten to add....!)

To the original poster, disclose as much or as little to your lawyer, but remember, they are there and getting paid to help you get the most lenient sentence, so the more they are aware of, then the more they know, the more they are able to mitigate on your behalf.
At the time, i was seeing a private counsellor for depression, so my solicitor advised me to get a letter from her to state to the court how i had been recently actively seeking help and was continuing to do so. Fortunately the letter was not read out in court as my solicitor instructed that the letter was to be read privately by the magistrates due to a news reporter being in the court at the time.... it really does pay to get professional guidance, as that letter (if it had been read out in court) would have turned what was a quarter page news article about me in my local paper to be a page spread.... which would have been even more mortifying!

Good luck and keep us posted :)
 

Rosie

Well-known member
well she's "famous"... I remember when Rula Lenska got her ban... it started after my ban, ended before mine ends and she had her grandchild in the car, peak day times past school runs and flipped the car! If thats not an "aggravating factor" i dont know what is.
 

Rosie

Well-known member
I'm no expert but I've been nicked in the past for petty stuff ( mainly Public order , resisting arrest etc ) and I've always had every mortal thing added on my charge sheet !
no expert here either, but nothing that ive been arrested for in the past came up on my court case as it wasnt to do with drink driving or a RELATED incident.
My arrests read as long as war and peace, but they are naught to do with drink driving therefore they did not come up and werent relevant to my drink driving charge.
 

Hobgoblin

Member
To be fair, Rula Lenska seems to have received the correct sentence, if not slightly higher than expected (16 months for 46mg).
 

DaveRam

Member
So i got 18 months and a fine in the end. I was offered the DD rehabilitation course which i am going to do. This will knock of 3 months.

So 15 months.

I think the fact i had a character reference from my employer and did my own letter of leniency helped massively

I did think that i would have got 22 months and community work.

Thanks for any advice given
Dave
 
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