Help with Court Date

Stupid girl

Active member
#1
Hi all. I've posted before on here a few weeks before Christmas and Thankyou for all the help and advice. Ive kept strong through the last few weeks and now just want to get the court case over with and get the ban underway snd back to normal ( well apart from the transport obviously) quick question though., and this is only what I've read when doing reading up on things on Forums like this one. My solicitor has asked me to give him a synopsis on the events leading up to getting stopped by the police. I was just going to tell it as it was, I ridiculously had a drink and got in the car, simple, stupid but that's it. I read that they will throw the book at me if I admit it so readily and that I should maybe try and say I drank not knowing I was, i.e., picking up "gym bottles in the fridge that had wine in it instead of juice and I couldnt taste it??or alcohol free drinks that actually contain "some alcohol" I'm confused Is this feasible..I never put up a defence when I was stopped that I hadn't been drinking so how would that work. Also would the judges look upon that obvious lie with distaste? So is it better to be honest and remorseful. What do you think? Thankyou again for your help.
 

craig121

Well-known member
#2
Please do not try a defence or excuses reasons why you drank Alcohol and chose to drive,
Do not mention absolutely nothing about that evening or day! Other than secondary mitagatin reasons Ie you drove to hospital your partner was in a car crash! Do not complicate or even begin to describe how your god awful events began!
I would bin that Solicitor now if that idiot even mentions this again.
The CPS are only interested in facts and what your evidence reading! do not under any circumstances add anything else. They will not throw the book at you for an admission! Infact your early guilty plea will knock some time off! Am not playing down DD but there will be many many cases that day/week and your just another number with GUIDELINES the judge will follow regarding your sentencing, nothing else!
 
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Stupid girl

Active member
#3
Please do not try a defence or excuses reasons why you drank Alcohol and chose to drive,
Do not mention absolutely nothing about that evening or day! Other than secondary mitagatin reasons Ie you drove to hospital your partner was in a car crash! Do not complicate or even begin to describe how your god awful events began!
I would bin that Solicitor now if that idiot even mentions this again.
The CPS are only interested in facts and what your evidence reading! do not under any circumstances add anything else. They will not throw the book at you for an admission! Infact your early guilty plea will knock some time off! Am not playing down DD but there will be many many cases that day/week and your just another number with GUIDELINES the judge will follow regarding your sentencing, nothing else!
That's a great response, and as always, it's helping me deal with the utter foolishness I have displayed. I'm hoping I can also contribute to this forum and help out as, I have , been helped.
 

TipsyNurse

Well-known member
#4
If you're paying a solicitor then tell them the truth and they can filter/reword it for you.

Saying you were "tricked" into drinking is a statutory defence to drink driving. The court would be obliged to conduct a trial. Lying in court - and they are pretty rubbish lies - is perjury and will be much worse than DD.

In general with DD the best thing to do is to fall on your sword, apologise and say it will happen again. That's because, unlike most motoring offences, there are very few things the sentencing guidelines say act as mitigation.
 
#5
I agree with all the above, in my instance they really weren't interested in any circumstances it was a pure exercise of breath test reading and anybody hurt. They did listen to some mitigation on the length of ban based on personal circumstances and living in a very rural area but were not interested in the back story. I did get quite a few character references and handwrote a 'letter of regret' which the magistrates read so that may be worth writing in an honest way. I would be interested to know what other forums you have used and like above I would bin that lawyer in fact it's hardly worth having one because it's quite a formula.

Good Luck.
 

Stupid girl

Active member
#6
If you're paying a solicitor then tell them the truth and they can filter/reword it for you.

Saying you were "tricked" into drinking is a statutory defence to drink driving. The court would be obliged to conduct a trial. Lying in court - and they are pretty rubbish lies - is perjury and will be much worse than DD.

In general with DD the best thing to do is to fall on your sword, apologise and say it will happen again. That's because, unlike most motoring offences, there are very few things the sentencing guidelines say act as mitigation.
Thanks again for your response. Yes I'd no intention of deviating from what happened.. I've never been in any sort of trouble before and am absolutely dreading court so I couldn't tell a lie! Was just flabbergasted actually that it would seem people lie to get their ban reduced!!
 

TipsyNurse

Well-known member
#7
I wouldn't believe everything you read, there are lots of fanciful stories but because the grounds for mitigation are so narrow a lot is probably bluff and bluster.

If you are polite and contrite in court the magistrates will be cordial with you but they seldom stray far from sentencing guidelines.
 
#8
Don't make any excuses, the judges aren't silly. Maybe write them a letter and apologise and say you're going to learn a very valuable lesson from this. It's very stressful and the next 5-11 years of your driving licence, insurance etc will be affected but just remember in time it will get better. I lost mines in 2011 and it learnt me a very very harsh lesson. Good luck.
 
#9
Don't make any excuses, the judges aren't silly. Maybe write them a letter and apologise and say you're going to learn a very valuable lesson from this. It's very stressful and the next 5-11 years of your driving licence, insurance etc will be affected but just remember in time it will get better. I lost mines in 2011 and it learnt me a very very harsh lesson. Good luck.
Thankyou. When you say next 5 to 11 years my driving license will be affected, do you mean insurance wise my costs will go up and I assume hiring a car will not be an option.? I hear what you say about in time it will get better. I've already started to embrace my ban..I'm not in court for another two weeks but I've started putting some money away for my increased insurance after the ban is over, I've taken the train to work and left the car at home and walked back from taking my son to school so I'm trying for it not to be a real shock when I walk out of court.. apart from the said insurance etc does life just settle whilst the ban is elapsing would you say?
 

craig121

Well-known member
#10
Bin the solicitor opt for a duty solicitor arrive (30mins)early for that! Have a hand written simple note there's examples here keep it short and honest*
The money you save from solicitor put towards an electric cycle there not cheap but there's a good one trending on eBay right now for 599 new and lots of good reviews#
This might sound stupid but I enjoyed not having the car for a while but I also missed out in other ways
 

Drew B

Active member
#11
I am 3 months into my 14 month ban. I think it's a matter of some major adjustments - travel, obviously, and the day to day logistics of getting about.
In terms of your court date, get there early to get a duty solicitor and be prepared to be there all day. Maybe take a friend for support. Request the DD rehab course to get a reduction, but it is also very informative.

You also need to think about what you are going to do with your car - don't leave it till the last minute. Maybe SORN it, or put it in someone else's name.

On the up side, I have saved so much money not having a car (still upsets me that I can't drive though!) which I have been putting away to save for my insurance. And online shopping is a godsend!
 
#12
Yeah your car insurance will go up massively and that's if some off them cover you in the first place. It'll effect you for 5 years, then there's the money of redoing the test etc again when your ban is up. I think it stays on your licence for 11 years once convicted, car hire will be out the window for the next 5 years. It'll hit you on days you least expect when say it's a lovely day outside and you wanted to just go for a drive, that's what I found. I've read before that it can also effect home insurance and a few other things but I don't know that 100%. It takes a few months to a year to get rid off the anger at yourself, I'm still angry at myself after 8 years but in time your life will get better.
 

Rosie

Well-known member
#13
I know its a cliche, but honesty IS the best policy... I know from personal experience! I had 12 hours in a cell before being interviewed and thought i might try and say that when the police pulled up beside me that I wasnt the one driving and that the driver had left.... BIG mistake... I got a letter through the door two weeks later from police demanding the name and address of the "driver" (obviously there wasnt one!) and that i would be prosecuted for failing to surrender the name of the driver so had to change the story to that yes, someone else had been driving, but i didnt know their surname and I had done some of the driving. this was a pitiful lie, as i was completely on my own from beginning of journey to end and never met anyone... making matters worse was that there was a news reporter at the sentencing, resulting in a half page report of me "drink driving and meeting someone at night" which was completely untrue and made me look sleazy, but ive only got myself to blame!

Be honest and to the point and show genuine remorse is the best way to be... anything else just muddles things and could come back and bite you on the bum big time.
 
#14
Yeah your car insurance will go up massively and that's if some off them cover you in the first place. It'll effect you for 5 years, then there's the money of redoing the test etc again when your ban is up. I think it stays on your licence for 11 years once convicted, car hire will be out the window for the next 5 years. It'll hit you on days you least expect when say it's a lovely day outside and you wanted to just go for a drive, that's what I found. I've read before that it can also effect home insurance and a few other things but I don't know that 100%. It takes a few months to a year to get rid off the anger at yourself, I'm still angry at myself after 8 years but in time your life will get better.
Hi, can you just clarify something. Do I have to retake my driving test again as if I was trying for a license for the first time? Also I've decided to keep my car as I've not long purchased it, I've paid an annual insurance already and my husband is a named driver. Can I just leave the insurance as it is for the next twelve months as I won't be driving but my husband will take it out every few days and he is a named driver. This would be better than just doing a siren and leaving it on the drive. ?? Thankyou in anticipation.
 

TipsyNurse

Well-known member
#15
You don't normally have to retake your test except in exceptional circumstances.

If you are a high risk offender - blowing over 87 or failing to provide - you will have a £90 medical and blood test before they reinstate your licence to check your don't misuse or depend on alcohol.

Also one that sometimes catches people out, don't drive to court because the ban starts immediately so you can't drive home.
 

craig121

Well-known member
#16
I would caution with your insurance, I doubt it would be valid if you haven't informed them of changes!
It's up to your risk but if your involved with a crash with 3rd parties it could backfire
 
#17
I'm near sure you've to re-do your test again, that's the way it is here in northern Ireland if you've been caught and banned for 12 months then you've to retake a test. It might be different were you live. I would inform your insurance company as they might good your insurance if there's ever a claim, even though you wouldn't be driving. Good luck at court I'm sure it's a very stressful time for you.
 
#18
It is only in Northern Ireland that 6ou have to retake your test after a ban for drink driving, unless the court orders it when you are convicted. This is usually only for, say, old drivers who have had an accident whilst over the limit and there is a worry about their general competency. I have had, though, a young person on one of our courses who was ordered to retake her test because she was caught drink driving only 6 weeks after passing her test and the court felt she should start again.....
 
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