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Legal aid

Worried mum of 4

New member
My son was caught drink driving. He earns £300 per week before deductions, has 2 children and claims tax credits. He has been told he is not entitled to legal aid. Is this correct?
Legal aid for this type of offence will be assessed on two levels, namely an income based assessment and an assessment of whether there is a risk of a prison sentence being imposed. Unless your son is at risk of a prison sentence, he cannot be granted legal aid for this offence, irrelevant of his financial means. You can check our sentencing calculator to give you an indication of whether custody is a risk: