2nd Drink Driving Conviction

[Radcharge]

I was arrested for drink driving last week and I'm dreading going to court. Even though I was parked in a parking space with the engine off, this unmarked car pulled up beside me and the guy asked me what I was doing, then he told me he was a police officer and told me to get out and breathalised me. I blew 63 at the roadside so he arrested me. At the station I blew 56. I was convicted of drink driving before in 1998 when I was 23 and I feel so stupid cos after 11 years my licence would have been wiped clean next month.

Anyway I'm up in court in 2 weeks time and I'm really worried that I'm going to say all the wrong things and make it worse for myself. When I went to court in 98 the magistrate was really severe and even had a go at my sister for smiling at me from the public gallery. I'm unemployed so I can't afford a solicitor and everything I've read on the net tells me I won't be able to get legal aid cos the offence isn't severe enough. I could really do with some advice on what I should (and shouldn't) do and say in court. Please help!

 

[Forum Moderator]

I was arrested for drink driving last week and I'm dreading going to court. Even though I was parked in a parking space with the engine off (I'd stopped to roll a cigarette), this unmarked car pulled up beside me and the guy asked me what I was doing, then he told me he was a police officer and told me to get out and breathalised me. It was 3 in the morning and I'd decided to drive home from a mate's place even though I knew I was over the limit - so stupid. I blew 63 at the roadside so he arrested me. At the station I blew 56. I was convicted of drink driving before in 1998 when I was 23 and I feel so stupid cos after 11 years my licence would have been wiped clean next month.

Anyway I'm up in court in 2 weeks time and I'm really worried that I'm going to say all the wrong things and make it worse for myself. When I went to court in 98 the magistrate was really severe and even had a go at my sister for smiling at me from the public gallery. I'm unemployed so I can't afford a solicitor and everything I've read on the net tells me I won't be able to get legal aid cos the offence isn't severe enough. I could really do with some advice on what I should (and shouldn't) do and say in court. Please help!

Hi Radcharge,

Welcome to the forums. Im sure Sean will have some advice for you and in regards to legal aid, you should qualify to receive it.

In order to qualifiy for legal aid, defendants must A) Pass a financial means test and B) They must be appearing at court for an imprisonable offence (drink driving is an imprisonable offence).

If you are in receipt of unemployment/state benefits then you automatically pass the financial means test. Even if you are not in receipt of unemployment/state benefits you may still qualify for receipt of legal aid to help with hiring a solicitor for your court case. See here for more information for testing eligibility for criminal legal aid.

Let us know how you get on at court.