Shortness of distance advice needed defending myself

[roland]

Hello

Firstly thanks for setting up this forum otherwise for most people advice is extremely hard to get unless you have money to burn.

My story is about four weeks ago now I'd been out at a late night bar. I left their at about 4.00 am and walked back to a friends house where I'd left my car outside. Unfortunately the car park out side my friends house was a clamping zone and I stupidly decided to move the car across the road to a parking space about six car lengths away. Just as I finished maneuvering the car into the space the dreaded blue lights appeared and a police car had pulled up behind me.

On getting to court I spoke to a duty solicitor who informed me that I could make a shortness of distance argument. I'm a carpenter and as you can imagine work will be impossible with out a car and any chance that I can save my license is a god send.

The problem is it does not look like I can get legal aid so I will have to represent myself as the price of a solicitor is out of my league.

Could you please give me a bit of advice on what I need to say to convince the magistrates I should not be band.

My readings were 57 and 58 on the breathalyzer and I have a clean license.

I'm in court on the 12th so I'd be truly greatfull for a reply as soon as possible.

Thank you for your time.

 

[SeanJoyceStephensons]

The law regarding Special Reasons based on shortness of distance arguments in relation to drink driving offences stipulates that the CFourt must take into account the following criteria:
- How far was actually driven
- How far did the driver intend to drive if he had not been stopped
- How far over the drink drive limit was the alcohol reading
- What were the reasons for driving
- The manner of driving
- The actual or potential risk posed to other road users, ie other motorists and pedetrians.

The last one on the list, ie risk to other road users, is the most important factor to be taken into account.

Most of the case law refers to drivers travelling very short distances (ie a few yards).

If you are able to prove that special reasons do exist then the court have a discretion to either not disqualify at all or disqualify for a period shorter than the usual statutory minimum and you would have to persuade the court to exercise it's discretion appropriately.

Special Reasons arguments amount to a trial on the facts and the Court will hear evidence. You should produce any evidence you can to corroborate your account.

I would advise you to invest in legal representation if at all possible given what is at stake.

If you would like help arranging this or want a further no onbligation chat then call our help line on 08450020736.