Failing to prove - Court case next week

[MT1977]

Hi all,

Okay mine is simple..... Had 2 large glasses of wine with dinner at 2100 hrs, came home. Some 3 hours later decided to go out to get some food for friends, Police stopped me, and I couldn’t do the roadside breath test.... Never done one before, so back at the station couldn’t even do it on the Intoxilyzer machine, mixture of panic and shock and just well I guess never used one before. The stopped me for manner of driving, on booking me in the arresting officer said he could not smell alcohol. Custody Sergeant seemed to think he could and I was swaying... This was due to about 3 panic attacks on after the other that I was trying to keep under wraps...

I've got a few documents together that may help and I just want further advice please on anything else I can do!

- Letter from work to confirm that I am an essential car user and without my car it may result in dismissal as it would be hard for me to carry out my duties

- Character reference from an MP who I have worked with for some time.

- Letter from doctors to say I have been signed off work, suffering from stress and have previously suffered panic attack in the past so this could explain why I couldn’t provide.

- Personal Statement to which I am going to cover all of the following:

- Early guilty plea
- No previous
- Clean Dl
- Government employee
- Ex Copper
- Good character
- Ban results in loss of job (to which I'm told the MAGS will consider this as they are not in favour of putting people out of employment as this will therefore result in me not being able to pay any fines)
- I am a carer for my father who is terminally ill and most weekends travel 300 miles to look after him (I am told by a magistrate friend that this may help as this will negatively and significantly impact upon another person)
- Shortness of distance travelled, this was about a 2 mile round trip and was on the return journey
- Volunteer to complete a drink awareness course
- Willing to do a community order
- Ask if larger fine or loads of points to be placed on licence
- Co operative from the start / didn’t resist arrest etc.

I am unable to afford to pay a solicitor, however because of my job I have very good links and advice on hand so I plan to get the Duty Solicitor to represent me on the day and in the meantime, ask you guys and speak to the duty at the CAB.

I have been told I could request an adjournment to gather further information and plan my defence / mitigation.

So, It's advice I’m after please... is there anything else I can do or anymore information that may be helpful??

I've also looked at the sentencing guidelines and pln to prepare a few bundles for the Duty Sol’ and the 3 MAGS to look at!!!

Many thanks

MT

p.s my case is next Wednesday (4th august) so early advice appreciated

 

[SeanJoyceStephensons]

You have not been well advised.

If you have been charged (as opposed to summonsed or sent a written requisition) then your case will be part of the CJSSS system (stands for Criminal Justice, Simple, Speedy ,Summary). This means that the court will only grant you an adjournment if there is a very good reason for doing so. Most of the Courts I visit on a regular basis will not adjourn for you to prepare your mitigation. They will expect you to have done this in advance.

The loss of employment and impact on others, as a result of a disqalification from driving, are completely irrelevent. This will not avoid a ban (although well presented mitigation can help reduce the length of a ban). I assume you are charged with failing to provide a specimen. This carries a compulsory disqualification for a minimum of 12 months. However, the sentencing guidelines that the court will apply suggest a ban of 2 years as a starting point. The only exception to this would be if you could prove you were not driving and there was no likelihood of you driving. If you are pleading guilty on the basis you were driving then the Court will not give you points instead of a ban in exchange for a larger fine or community sentence

The only potential defence you have is that you had a reasonable excuse for not providing a sample of breath on the basis that you were physically unable to provide due to the panic attack. To succeed you will have to produce medical evidence and I would strongly advise you to get legal representation.

If the Court is particularly busy then you may find that the Court Duty Solicitor's time is limited. To prepare properly you should consider paying for a solicitor of your own who you can speak to and prepare with in advance of the hearing.

If you need any more help then call our 24 hour help line for free advice on 08450020736.