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Just Convicted of DR30 - How do I stay out of prison


New member

I have just been convicted of DR30 Failure to Provide a Specimen for analysis. This is my third offence in 12 years and second in 10 years. The Magistrate said "I am seriously considering custody". Due to a shockingly long wait to find out if i was entitled to legal aid (application took 1 month to get rejected and got rejected yesterday) I ended up in court this morning without a solicitor and unable to use the services of the duty solicitor because I had made an application for legal aid with another solicitor.

In two weeks time I will be sentenced for this offence, and I need to stay out of prison. What can I do to make a custodial sentence less likely?.

As I made an application with a particular solicitor would I have to pay them to represent me at the sentencing or would I be able to use another solicitor/barrister ? The reason I ask this is that I am a long way from satisfied about how my legal aid application was handled would feel more comfortable with another firm.

What would be a reasonable fee to to pay for representation at sentencing? as I have already pleaded guilty I would expect this to be less than the prices i see advertised for guilty pleas.

Any help and advice would be very much appreciated. I have a very big event taking place 2 weeks after this sentencing and a custodial sentence would be devastating!!
Hi there,

It is quite normal for the Court to adjourn for an all options Pre-Sentence Report to include the consideration of custody in such a situation.

It is essential that you are represented by a motoring solicitor who has proven expertise in damage limitation. We have a proven track record in keeping people out of prison even where the Court have indicated that they are minded to consider such an option. One of our solicitors even used to work as an adviser to Magistrates and so will be aware of what they are thinking when you fall to be sentenced in 2 weeks time! Such insight proves very helpful.

If you wanted to obtain advice via a free initial consultation over the telephone please feel free to contact us. We offer nationwide representation so can represent you wherever you are based.