In Court

[Idiot1]

In court how in depth are the details surrounding your stop , passangers etc?

I was stopped taking a colleague home, after haviving 2.5 pints and blew 49.

What other information is read from the arresting officers statment?

 

[TipsyNurse]

If you are pleading guilty probably very little. Having an adult passenger in the car isn't really an aggravating factor. It tends more to be raised if you have kids in the back.

The prosecution normally only raise issues if they are seen as an aggravating factor meriting a longer ban. You can raise any issues you feel mitigate the offence, but you have to be very careful not to be seen to be making excuses or saying you don't think the offence was serious. If in doubt apologise and say you regret placing other road users at risk.

These are the factors the magistrates sentencing guidelines suggest aggravate the offence.

Factors increasing seriousness
Statutory aggravating factors

• Previous convictions, having regard to a) the nature of the offence to which the conviction relates and its relevance to the current offence; and b) the time that has elapsed since the conviction
• Offence committed whilst on bail

Other aggravating factors

• Failure to comply with current court orders
• Offence committed on licence or post sentence supervision
• LGV, HGV, PSV etc.
• Poor road or weather conditions
• Carrying passengers
• Driving for hire or reward
• Evidence of unacceptable standard of driving
• Involved in accident
• High level of traffic or pedestrians in the vicinity

Factors reducing seriousness or reflecting personal mitigation

• No previous convictions or no relevant/recent convictions
• Genuine emergency established *
• Spiked drinks *
• Very short distance driven *
• Remorse
• Good character and/or exemplary conduct
• Serious medical condition requiring urgent, intensive or long-term treatment
• Age and/or lack of maturity where it affects the responsibility of the offender
• Mental disorder or learning disability
• Sole or primary carer for dependent relatives

*even where not amounting to special reasons

Magistrates seldom stray from their sentencibg guidelines anyway so you can expect a 14 month ban reduced by 25% if you take a course, a fine of one and a half weeks wages, £85 costs and a victim surcharge if 10% if the fine or at least £30, whichever is highest.

https://www.sentencingcouncil.org.u...s-alcohol-driveattempt-to-drive-revised-2017/

 

[Idiot1]

Thanks so much for that reply that’s what I was wondering! I am pleading guilty and my solicitor is entombing a mitigation on my behalf.

I didn’t know if the passenger would effect me more or not.

Regards

 

[TipsyNurse]

Personally I would not bother with a solicitor, IMO any mitigation is better coming from you and as the minimum ban is 12 months with amazing mitigation the most they can do is reduce the ban a couple of months.

The solicitor fees will pay for lots of taxi journeys!

That said if money isn't an issue they will hold your hand through the process, although for a guilty plea you will only be in court for about 15 minutes. It really is much like a sausage factory - in, brief details, sentence, out.

 

[Idiot1]

Hey,

Thanks again for the help! Yeah I’m personally better off with a solicitor luckily I have friends that work in one!

Iv been told it’s likley to be a 12 month ban and fine with the option to do a course.

In a message above you mention 14 month is that the advrage you tend to see? (I see you help a lot on here)

I’m not so bothered about haveing a driving ban it’s been more the stigma that goes with it and the not knowing! I’m hoping after I have been to court I can just get on with my life again!

Kind Regards

 

[TipsyNurse]

The sentencing guidelines for 35-59 say a 12-16 month ban. Magistrates tend to stick closely to sentencing guidelines so 14 is the most probable, being in the middle. If you have a good solicitor they may get it towards 12, which is the minimum ban they can give for DD, although they would have to give a reason why the ban should be reduced.

 

[Idiot1]

Well my date in court came and tbh it wasn’t as bad as I thought, enterd a guilty plea , 3 or 4 lines got read out about why I was stopped and I was shocked to heard the lies that was added in by the police office! Never the less I got off with the lowest possible sentence! 12 month band, DD course to take it to 9 month, £265 fine, my solicitor had recommended a band c fine but after reading my letter of mitigation I was given a band B fine! I thought The court would treat me like shite but every one was lovely. Won’t make that mistake again and as I move on from this horrible mistake I don’t think I will keep using this site so thank you all for your help when it was needed. Regards 1 idiot. Ps don’t drink and drive!

 

[price1367]

Perhaps your solicitor was saying Band C fine trying to ensure that the magistrates stayed at a 12 months ban. For a reading of 36-59 the magistrates can go for either band. Above that it has to be Band C.

 

[TipsyNurse]

The police seldom lie but they can be mistaken. They tend to use pro forma statements and just edit bits in or out. If there was a "lie" they likely just copy and pasted the wrong bit.

It would matter in a big trial but for DD magistrates tend to stick closely to sentencing guidelines regardless. Unless the lie aggravated the offence - which would be unlikely, as your solicitor would have objected to it - then although annoying any mistakes are only a piece of paper no-one will see again.

I always feel bad when I make mistakes with patient notes but of course if you are in hospital or arrested it is a big deal to you, but to your nurse, doctor or police officer you are one of dozens of people that week and it's easy to get confused between the two.