First offence- advice for representation

Convicted Driver Insurance

jtezwe

Member
Hi- i was arrested for drunk driving. :( Blew 83 in breath and also had a car accident. Majority of damage was my own car which flipped on its side after i hit a parked car on a tight-poorly lit road. I have seen CCTV and i wasn’t driving w recklessly or speeding it was just unfortunate event which knowing me- would’ve probably happened sober (new driver). The police only charged me with drink driving- no mention of accident on my sheet and the officer has confirmed to me the charge is only the driving.

My story is i went to a party planned to walk but was given a final drink that maybe caused me to black out becausecform having that drink to my accident it’s all blank. I am taking full accountability and responsibility and co-operated. This is my first offence ever and o understand that pleading guilty means 17-22 months ban of which my accident is an aggravated feature so i wil prob be on the 22 months end. I do not qualify for legal aid but at the same time i cannot frankly afford what lawyers are quitting me. I therefore am tempted to try get duty solicitor on the day or if that fails to represent myself. My main mitigation is character ref letters- manager, friends (one is a dr) and my family plus i plan to hand write a letter to court too. I just wanted some reassurance that this is a good plan? Some lawyers have advised my case is serious and might be adjourned and others have told me i’m at risk of a community order- so i’m not sure what to do with this information. All i know is i can’t afford their fees… :( Especially if i am fanlcing fines abs potential claim from my insurer for 3rd party payouts should i get convicted
 
Good afternoon,

If finances are an issue then the duty solicitor is the way to go. They wont have very much time to prepare, but they will certainly do a better job than representing yourself.

The matter is very serious and the fact they have not charged you separately for the accident is because the sentencing powers are high with drink driving, and you will certainly have the accident taken into account. I would agree with those who are telling you that a high reading and accident will be unlikely to be just a fine and a ban.

I hope that helps

Kind regards
Martin.
 
Martin Hammond said:
Good afternoon,

If finances are an issue then the duty solicitor is the way to go. They wont have very much time to prepare, but they will certainly do a better job than representing yourself.

The matter is very serious and the fact they have not charged you separately for the accident is because the sentencing powers are high with drink driving, and you will certainly have the accident taken into account. I would agree with those who are telling you that a high reading and accident will be unlikely to be just a fine and a ban.

I hope that helps

Kind regards
Martin.
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Thank you- above helped i found a lawyer. I also have another question though are the police allowed to give my name/ car registration to witnesses/neighbors? I have had 2 random drivers claiming against my insurance which i know o didn’t hit- i grazed one parked car that’s it (o have seen cctv footage). My insurer ws have told me these other claimants know my name etc - which i never spoke to them - and i didn’t actually hit them only police would have and share those details. I have tried to get my insurer to get the cctv video which i have seen but wasn’t allowed to obtain unless i was insurers or police. This is putting me in a very tight spot. I keep calling police but my arresting officer is never available for calls.
 
Martin Hammond said:
I'm pretty sure that the police are allowed to share your details but I think your insurance company would be the best people to ask about insurance matters.
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thank you- is it bad my access to council was delayed. i was asked if i want a lawyer i said yes and wasn’t provided one. then i asked again the next morning after 8-10 hrs then duty lawyer was appointed.
 
Martin Hammond said:
It is normal. They make the call and often there is a long delay to access.
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thank you-i had my day in court. i was fined 1200, down to 800 with guilty plea. 20 month ban down 20 weeks if i complete drink drive course which i plan to do. judge read all 8 characters ref letters. He was really nice
 
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