Representing myself in court - advise please

Convicted Driver Insurance

Matthew

New Member
Hi Folks.

Was recently charged with driving or attemtping to drive with access alchohol. My reading was 94 at the police station.

I am going to represent myself in court, as I feel being my crime, I want to take full responsibility for committing it.

I will enter a guilty plea.

However, there is some procedural issues I would need clarified , if someone can. Obviously I might have the advise of the duty solicitor on the day, but having the heads up would be great.

As I said previously, I will represent myself, and enter a guilty plea. Obviously I know I am facing at least a 12month ban, but with my reading I may face more.

So will it be a plea of mitigation I will be entering for the court to take into consideration some circumstances before they sentence me??
The factors I am entering for mitigation are (if someone could point out their relevance):

1) My clean driving record of 5 years with 5 years NCB
2) First time offender
3) I am legal next of kin for my grandfather, and he relies on me to transport him.
4) I co-operated fully with the police, and admitted guilty from the outset
5) I am fully aware of the consequences of what i have done and show great remorse towards the offense in question.
6) I use my car to commute to my two jobs

Also, when can i request the court to consider offering me the Drink driving rehabilitation course? Is this when I enter my guilty plea, or under my plea of mitigation?

Also, I am 22 years old, I am in the middle of a postgraduate Masters course and I can provide proof of the £4900 fee's I am yet to pay for this course. I also work two aprt time jobs that I recieve a very average wage for, and I have a lot of outgoings monthly due to credit cards, utilities and housekeep. Will these factors be taken into consideration regarding my fine?
Also, what will I need to bring to prove/show the court of my financial situation. I am guessing my two most recent wage slips, and a bank statement from the last month or so, as well as my credit card statements and my university fee statement.

I would be very grateful if someone could advise me on any of the above.

Many thanks

Matthew
 
Matthew,

The current Magistrates Courts sentencing guidelines suggest a disqualification of between 23 and 28 months should apply in your case. The precise length of ban will depend on any aggravating factors that the court are told about and any mitigation put forward on your behalf. Arranging quality legal representation in court will ensure that you get the shortest ban possible in the circumstances and could make a real difference to the final result. For example, the court may be persuaded to impose the statutory minimum 12 month ban and to refer you to the drink drive rehabilitation course for a further 25% discount. This could mean you are able to get your licence back after 9 months, rather than waiting 28 months on a worse case scenario.

A lawyer specialising in this type of work would also be able to give you advice about the cogency of the prosecution case and tell you whether the police have followed the correct procedures or not at the police station. A solicitor will check that the machine has self calibrated correctly and that you were given appropriate statutory warnings during the procedure. A failure by the police can sometimes enable a good lawyer to persuade the court to disregard vital parts of the prosecution case resulting in the case being thrown out. You should make arrangements for legal representation as far in advance of your court date as possible. It can often be secured for a fixed fee so that you know where you stand
 
Thankyou for your reply Sean.

I do understand what you have said fully, and do appreciate the result a good lawyer can have on a case such as mine.

However. I have no aggrevating factors whatsoever, the decision to drive was one I took myself , very stupidly and ignorently and I was under no duress or factors that would be admissable in court.

I do understand that the point of this forum partly is to generate some representation from your particular firm, however I am adament that i want to represent myself, as I feel the only factors which I can submit to the court are the ones above.

I have the printout from the police, the machine was calibrated properly on both readings, and I was treated very fairly by the police and cautioned throughout my ordeal.

Therefore, referring to my first post, is there any advice or guidance you can give to me?? I would appreciate it very much so

regards

Matthew
 
Hi Matthew,

Have you been to court yet? My boyfriend got a similar reading to you and is thinking of representing himself (I would sooner him get help but it is down to him at the end of the day). He too thinks, he has done it, there is no point in doing anything but admit it and show remorse.

Hope it went well anyway if it has already happened.
 
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