craig121
Established Member
With DD you need to be careful that what you think is mitigation doesn't actually become an aggravating factor.
If you had packed a bag the court may well interpret that you knew in advance that you would be over the limit and yet you still chose to drive - that you were out of control.
The next logical question they will ask is "When you regain your licence, if you got the same call would you drive again?". That would be a difficult one to answer because if you say no, then again it points you being out of control that night.
It is best just to avoid that whole area because you risk justifying your actions which will not help your case that this is a one off mistake that you will never repeat.
As for the domestic violence, I am hugely sympathetic and glad you are in a better place now. But again, think what it adds to your case. It would appear that you had adequate childcare in place. If you are saying because of the DV that your child having a meltdown was forseeable, then again the question will be why did you not have a plan in advance to get home.
If it wasn't, then the court may well feel sympathetic to you but it seems to have little relevance to the offence unless you are saying you were drinking a lot because of the DV, which is misuse of alcohol and could potentially cause you problems further down the line.
I hope that makes sense. It is normal to want to explain things. However, in the pressure of the court room it is incredibly easy to start justifying your actions and/or that you would repeat them if the same circumstances arose.
Unless you are 100% certain it will aid your case the best thing to do is apologise and say it will never happen again. The safest strategy is to avoid entirely getting into explanations unless they amount to a reason to reduce your ban.
Great advice from Tipsynurse as she states do not over complicate matters keep simple look sorry take it on the chin, like said Magistrates usually follow sentencing guidelines but don't give them food for thought! You made a mistake make it look and stay as a mistake without complications
Have you arranged Solicitor or using Duty Solicitor
It's tougher for you being a nurse putting forward aggrivated circumstances , just simples of bad run of events and a concerning call from the babysitter that evening is enough, the Alcohol which your not Normally accustomed with(now add references) clouded your professional judgement.
There's not a single judge up nor down this country found them selves not in pickle through Alcohol unless there TT
but don't mention that bit LOL
Plus*
Judges hands are almost tied with guidlines and they have another 40 case's that day! Last thing they want to hear is a Nurse's long winded version trying to give good reason to endager other live's that evening
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