Mitigation

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Fiona McKinley

New Member
So pleased to find this service. Im beside myself at the moment.
I was nursing my sorrows over redundancy notices and did not keep an eye on the amount I was drinking at home the night before and the following lunchtime, last Thursday 17th July. Got in car at 130pm to go to the shops, swerved to miss a hooligan motorist trying to pass me, ran into a signpost and wrote the car off. No injuries. No witnesses. A passing off duty police officer came over to assist, called her colleagues, who turned up and breathalysed me. 119 at the station. I was given a charge sheet MG04, bailed without conditions to appear on August 11th.
The charge sheet reads “Drive a motor vehicle when above alcohol limit etc PNLD code H21”.
As I was not actually in the vehicle when the police arrived, technically, is this charge correct, or the possible lesser offence of being in charge of a vehicle etc?

I saw on your site, it might be possible to write asking to mitigate the penalty.
What should I write to the magistrate and where do I send it? Im obviously guilty.
Can I offer to participate in a drink/drive awareness course?
I am 55 years old, have a clean licence and no criminal record.
I am a visiting music teacher, dependant upon a vehicle to access remote rural schools. My husband is 75 years old with arthritis. My mother is 90 and in declining health.
Assets when calculating the fine: I jointly own the matrimonial home, £400k joint equity. I also own 2 investment flats, each worth £150k and £280k, which I bought from my savings.
Should I get these transferred to my husband. Is it worth it? My last 2 tax returns show income of £20k per year.
The insurance will not pay out on the policy because I was over the limit, so I am already down £8k.
Will I be handed down a custodial sentence or a suspended sentence.
Will I be given community service? How is this organised?
Is there any room for negotiation on the penalties, fines versus community service or sentence?
A suspended sentence would impact on my DBS for teaching in schools.
I was due to leave for Europe this Thursday. If there are further documents due that need to be answered, then I will need to cancel the holiday.
We have a dislexic postman who delivers our mail to the wrong address. How will I know if anything has been sent?
The hearing is on August 11th at 10am.
Youradvice will be much appreciated.
 
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