My son has been caught drink driving and tried to run away from the police

[vinceb63]

My 20 year old son was stopped by the police and then ran away to hide, when they caught up with him they breathalised him and arrested him as the reading was 39, when they got him to the station he took another test which read 46 so they locked him in the cell for the night.

This is the first time anyone in our family has been in trouble so we dont know what to do, we dont have very much money so how can we get him legal representation?

I have read about the rehabilitation course, will he be offered this service, how much does it cost and what period of time does it take?

Any advice would be appreciated as like most parents we are worried sick.

 

[SeanJoyceStephensons]

The sample that will be relied on in court is the lowest of the two evidential samples taken at the police station, rather than the screening test taken at the road side. The legal limit is 35mg but there is a policy of not prosecuting cases involving readings below 40mg. If the reading is between 40mg and 50 mg then the police must give the option of replacing the breath sample with a specimen of blood or urine. If the option is not offered then this is a serious breach of procedure and will undoubtably be a bar to conviction. The fact that this statutory option to provide blood or urine was offered should be recorded, as should the decision whether or not to accept the offer.​

If your son has no previous convictions and intends to plead guilty, then the sentencing guidelines would suggest a minimum ban of 12 months is likely for an evidential reading of 46mg in breath with a fine based on his means, court costs and victim surcharge of £15 on top.​

The court will take into account aggravating and mitigating factors and may vary the sentence accordingly. The fact he ran away from the police is likely to be an aggravating factor that the court won't like.​

Because he is unlikely to receive a prison sentence then legal aid probably won't be granted and if he wanted to take formal legal advice and arrange representation before going to court then this is something that he would have to fund himself. The cost of this will depend on the level and quality of service that your son requires. ​

The drink drive rehabilitation course should be requested when he is in court. If it is not offered to him there and then then it will be too late to ask for it afterwards. Successful completion of the drink drive rehabilitation course will entitle him to a reduction in disqualification of 25%. On a best case scenario this could mean your son has his driving licence back after 9 months.​

The course is provided by various training companies and the cost can vary. A list of course providers and information about costs can be found at http://www.drinkdriving.org/drink_driving_course.php#courseproviders​

If your son does choose to be represented then a motoring solicitor can check the evidence at court to ensure that the police followed all the correct procedures before your son decides to plead guilty. Going to Court can be a daunting prospect for those who have never experienced it before. Please do not hesitate to contact me if you want help in arranging representation. We have many many years experience in this area of law and can arrange representation in any court in England or Wales and we can usually provide a service to match your budget. ​

 

[vinceb63]

My son was found guilty, disqualified for 12 months and given the chance to attend the rehabilitaion course which reduces the ban by 3 months.

He was also fined £250 plus court £100 costs.

My 20 year old son was stopped by the police and then ran away to hide, when they caught up with him they breathalised him and arrested him as the reading was 39, when they got him to the station he took another test which read 46 so they locked him in the cell for the night.

This is the first time anyone in our family has been in trouble so we dont know what to do, we dont have very much money so how can we get him legal representation?

I have read about the rehabilitation course, will he be offered this service, how much does it cost and what period of time does it take?

Any advice would be appreciated as like most parents we are worried sick.