What punishment am i likely to face?

Convicted Driver Insurance

stupid driver

New Member
Hello,

I am a 32yr old male who has never recieved any convictions and has a clean driving licence.

I was stopped in London last night for alleged speeding and was eventually arrested for DUI with a breath test result of 75mcg and will be going to the magistrates court in a week and a half.

I was fully co-operative and intend to plead guilty as i did drink however would the following count towards mitigation?

1) I have recently had to leave university due to a recently diagnosed disability and am currently appealing. I am not normally a regular drinker but whilst this process has been going on my intake has risen as i have become more stressed and depressed.
2) I had had three large glasses of red wine and a rum and coke but obviously didn't space them out over the evening as i had thought and i have not been eating properly in recent weeks due to the stress of the process mentioned above which probably also contributed to such a high reading.
3) This has been made worse by being forced to start reciving job seekers allowance for the first time in my life as prospective employers have been reluctant to start a contract whilst my university future is uncertain. I have nothing but debts aside from this.

As i have said, i intend to plead guilty as none of the above are in any way an excuse for doing this stupid act however this was out of character for me and financially a fine would be very difficult to pay and would like to know if they would count towards mitigating circumstances.

Could you please tell me what punishment i am likely to face and can i get legal aid as i am on JSA?

Thank you
 
Further information

I tried to edit my previous post but was outside of the 10min limit.

I wanted to add that i have been charged with contrary to section 5(1)(A) and schedule 2 but am not sure what that means exactly in my case with my alcohol level.

thank you for any advice you could give me
 
Thanks for your post.

The reference to s.5(1)(a) is the section of the Road Traffic Act which deals with drink driving offences.

I assume that this is your first offence? If so, with a reading of 75ug/100ml in breath, you will be liable for a disqualification of 17-22 months and a fine.

The Court should offer you the chance to attend an approved drink driving course, the successful completion of which will result in your disqualification being reduced by 25%.

The factors set out in your post would amount to mitigation. This would not prevent the Court from imposing a disqualification. However it may help to reduce the level of the fine payable.

In any event, your fine will be calculated on the basis of your income. In your case it would be calculated on the basis of your weekly income from benefits. Your fine could be paid by way of weekly or monthly deductions from benefits, making the payments more manageable.


Kind regards,

Carl Johnson
Solicitor
On behalf of Sean Joyce.
 
Thank you very much for your advice and the service you provide.

I will go to the CAB re: legal aid and assistance preparing my case.
 
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