Australian in UK drink drive charge

[Brummie89]

Hi all, I'm looking for some advice on the following situation please.
My partner has been charged with a drink drive offence whilst awaiting to return home on a tier 2 visa.
She reversed the car off our driveway and decided to park it on the road outside. She didn't make a journey but was caught by a passing police car as she had no lights on. She blew 100 on the breathalyser.
She is due to appear in magistrates court and we are looking to mitigate her evidence and hope for a lenient outcome.
The massive concern for her is a custodial sentence or deportation. Can anyone advise if this is a realistic concern?
Is it worth paying for a solicitor? I have tried to get her legal aid as she has no income or savings and I feel she is vulnerable given her immigration status, the fact that any future spouse visa to the UK might be affected and the fact that she is not a UK national.
I notice that she did not sign her charge sheet from the police station and her reading at the station was 90 minutes after the incident. Also she was not interviewed. Are any of these facts likely to be significant?
I would like to know what the likely outcome will be and what the chances of mitigating this are. She if suffering from severe anxiety as she has been stranded in the UK due to Covid and should have returned home in April. Her actions are very out of character and this is a first time offence.

 

[price1367]

What was her reading in breath?

also:
“I notice that she did not sign her charge sheet from the police station and her reading at the station was 90 minutes after the incident. Also she was not interviewed. Are any of these facts likely to be significant?”

In a word: no.

 

[Brummie89]

What was her reading in breath?

also:
“I notice that she did not sign her charge sheet from the police station and her reading at the station was 90 minutes after the incident. Also she was not interviewed. Are any of these facts likely to be significant?”

In a word: no.

Hi, thanks for your response. All it says on the sheet is 096 for specimen 1 and 100 for specimen 2. This is under a column that says BrAC ug/100ml. I hope that helps?

 

[price1367]

She will be prosecuted on the lower 96 reading. That is close to 3 times the legal limit and carries a 23-28 month ban and a medical before a licence is restored.
she will not get a custodial sentence, that is certain. The guidelines for this only start at 120.
there is no scope in law for her to be deported either. The spouse visa I cannot comment on, but I am aware that a drink drive conviction stops an application for U.K. citizenship for 5 years.

Legal aid is hard to get for drink driving offences.there has to be a significant risk of custody or job loss before it is even considered. Being broke doesn’t count these days!
there is a possibility that she could ask for a Newton hearing where is is argued that she should not be disqualified because of the minimal distance driven.
Was she already out of the car, indicating that is all she was doing? What time of day was it? Were there other people / vehicles about? These are things that magistrates take in to account when deciding if there are special reasons to not disqualify.

 

[Brummie89]

She will be prosecuted on the lower 96 reading. That is close to 3 times the legal limit and carries a 23-28 month ban and a medical before a licence is restored.
she will not get a custodial sentence, that is certain. The guidelines for this only start at 120.
there is no scope in law for her to be deported either. The spouse visa I cannot comment on, but I am aware that a drink drive conviction stops an application for U.K. citizenship for 5 years.

Legal aid is hard to get for drink driving offences.there has to be a significant risk of custody or job loss before it is even considered. Being broke doesn’t count these days!
there is a possibility that she could ask for a Newton hearing where is is argued that she should not be disqualified because of the minimal distance driven.
Was she already out of the car, indicating that is all she was doing? What time of day was it? Were there other people / vehicles about? These are things that magistrates take in to account when deciding if there are special reasons to not disqualify.

Hi, thank you so much for your response - it brings us some comfort during what is an incredibly stressful time.
She was sat road side outside our house with the engine running. I think she had travelled about 50 yds and turned round. It was 10pm approx and it was a residential street. Very low possibility of a collision.
Do we need to request to see what evidence the police officers have submitted prior to the hearing? As far as they are aware I don’t think she was actually seen driving. How would we request a Newton Hearing? I suppose navigating these issues are where a solicitor comes in handy but we need to save money for a possible fine and or flight!!

 

[Brummie89]

BTW it was a call to the home office which suggested deportation and then a call to a solicitor for free advice who warned about incarceration so that’s why we were worried

 

[price1367]

The solicitor was trying to frighten you in to paying for their services. There is absolutely no chance of prison for this offence as described, I can assure you.
The circumstances are not quite what you described at first, as she backed out, turned the car round and then kept the engine running. If she had backed out, parked and got out when the police arrived then it was clear that her journey was over. As she was in the car still, with the engine running, there is every possibility that she was going to drive off (I am not saying she was going to drive off, but the possibility is there for the prosecution to infer)
With what you have described, her best bet would be to see the duty solicitor at court on the day (hoping that he / she will be free to speak for her (and it is free) the solicitor should be asked to approach the prosecutor and indicate that she would plead guilty to a charge of “Drunk in charge” but not guilty to drink driving. If the police did not actually see her driving, and she did not admit to it, they that might work.
If the duty solicitor is too busy then it is something you can do yourselves.
the merits of this is that it is open to the magistrates to fine her, but only give 10 points instead of a ban. If they did ban her, it may well only be for 6 months.