Plea of mitigation assistance

[anthony.maka]

Hi I was charged with Drive Motor vehicle when alcohol above limit on Sunday morning. Contrary to section 5(1)(a) of the Road Traffic Act and Schedule 2.My breath reading was 47 microgrammes in 100ml of breath.

I currently live in Leeds and went out with some friends Saturday night into Manchester, knowing I was driving I had 1 drink when I got into the club at about 1am. After the club closed i.e. about 4:45am I felt fine to drive and didn't think I was over the limit at all. As I drove out of Manchester into Salford i.e. about 1 mile from the club I felt a bit tired and decided to stop immediately. I stopped by a bus stop turned the car off (although keys were in the ignition for the radio) and went to sleep. I think some police might have been on patrol and saw me parked there at which point the woke me up asked a few questions why I was parked by the bus station. He asked if I had been drinking and I explained exactly as above. We went into the police car and the analyser said FAIL.

They drove me to the police station for the full test and I did the breath test only that came up with the 47 reading. I am due at court on the 22/07/2010

I have had my licence for more than 2 years and have 3 points on my licence for going through a red traffic light(not drink drive related)

I have a few questions

1. Will I need a solicitor to represent me?
2. Where can I get assistance with writing the plea of mitigation (after reading around I'm concerned this has to be worded correctly lest I piss off the magistrate.)
3. What would be my best defence to get a lenient sentence, I really do not want to lose my licence although its not detrimental to working etc. I'd rather get points and a fine.
4. I do drive my niece to dance rehearsals, to and fro school when my brother cannot make it as his wife just had a baby and he works nights. (would this help if he made a statement)
5. I also live next door with the MP, is it worth getting a reference from him?
6. I am sorry, although I feel the crime is more on a "technical" side since I was not driving and the engine was off plus I only drove a mile.

Distance driven; - City Centre to New Bury Road, Salford (1 mile)
The manner in which the vehicle was driven; - Driven carefully and parked at end of bus stop
The state of the vehicle; - no accidents
Whether the driver was intending to drive any further; - no as i was tired
Traffic/road conditions at the time of the offence; - no traffic at all being early Sunday morning
Risk caused to other road users/pedestrians; - no risk caused to other passengers
Why the vehicle was driven; - to go home but soon realised i was tired and stopped
The level of alcohol. - 12 mg above limit

The factors that the sentencing court view as making the offence more serious. e.g involved in an accident, police chase, leaving scene of an accident, un co-operative with the police, previous drink driving / criminal convictions etc do not affect me at all.

 

[SeanJoyceStephensons]

I would be interested to speak to you in more detail about your case.

am particularly interested to know whether you were ever formally interviewed under cuation at the police station on tape. If not, it sounds like the only evidence that the police have that you drove are the admissions you made at the road side when they woke you up. If thats the caes then you should take advice about the admissibility of those comments. If the police were unable to prove that you drove over the prescribed limit then it may be that the only offence for which you could be convicted is being drunk in charge. This makes a significant difference as this does not carry a mandatory ban like drink driving does.

If you are convicted of drink driving then the only way of avoiding a ban is if you can prove Special Reasons based on a shortness of distance driven argument. Based on the information supplied you may have an uphill struggle, although it may be worth further investigation.

If you would like to explore your options further then please call us on 08450020736 preferebly during office hours, for a no obligation chat with one of our specialist lawyers.

We have an office in Salford very close to the Manchester and Salford MAgistrates Courts.