Can Anybody Offer Advise on these questions?

Convicted Driver Insurance

vaughan100

New Member
I very regrettably, and very out of character drove my car whilst drunk last week and got caught and I am now awaiting a court appearance.

I am a first time offender and of, normally, very good character. does this information really count in court as I was 3 times over the limit?

I pleaded guilty at the time therefore in court do they still discuss the incident or is it just read out and then they ask if there are any defenses I want to put forward as I don't want to defend this dreadful incident but I do want to try and get as lenient a ban as possible as driving is part of my job?

I am trying to seek legal advise but they have given me the 11th October as an appearance date so I am very short of time is there ay information you would recommend me stating to gather that will be needed at court, e.g. Financial, character references?

Thanks Andy
 
Last edited by a moderator:
I very regrettably, and very out of character drove my car whilst drunk last week and got caught and I am now awaiting a court appearance.

I am a first time offender and of, normally, very good character. does this information really count in court as I was 3 times over the limit?

I pleaded guilty at the time therefore in court do they still discuss the incident or is it just read out and then they ask if there are any defenses I want to put forward as I don't want to defend this dreadful incident but I do want to try and get as lenient a ban as possible as driving is part of my job?

I am trying to seek legal advise but they have given me the 11th October as an appearance date so I am very short of time is there ay information you would recommend me stating to gather that will be needed at court, e.g. Financial, character references?

Thanks Andy

The fact that it is your first criminal offence and your previous good character will be taken into account, however what counts more is your blood alcohol level and other factors surrounding the offence in question.

What sentence is imposed upon a person for driving with excess alcohol will largley depend on the persons blood alcohol level at the time of the offence. You state you were 3 times the legal limit so I am presuming it was around the 105 mark for a breath reading? For a breath reading of between 90 and 119 sentencing guidelines suggest a medium to high level community order and a 23-28 month disqualification for a first offence.

Obtaining character references from respectable members of the community can only help matters. You will be asked to fill out a financial means form on the day of your court case, no evidence of your finances are usually needed.

You may find our guide to appearing at magistrates court useful.

Good luck, let us know how you get on.
 
Last edited:
Thank you for your advise.

My reading was 92 so less than the 105 you mention, but I am guessing the difference wont matter as it is in the same band?

Regarding the good character statements from friends and colleagues is there an optimum amount of references to take with me and is there a guideline on what I should ask my character witnesses to write and how many words?

Also I am pleading guilty as there is no excuses for drink driving, if this is the case how much talking will I have to do?. Will I be expected to explain what happened on the night or do they just tell me and ask how I plead? I don't want to have to detail that night as it is too upsetting to talk about.

Thanks again

Andy
 
You will probably have to speak to a probation officer, and explain what happened. He'll use the info you give him to determine what sentence to recommend to the magistrates. By all means take character references etc - but be aware they won't make the slightest difference to your sentence. The only thing that would reduce the length of ban is very convincing mitigation.
 
The statement above by gutted about strong mitigation being the only way to reduce your sentence, is not entirely true.

You should be offered the chance to do the alcohol awareness course, which will reduce any sentance by 25%. And you will have to pay for it yourself, but if you get a 16 month ban for argument sake, you will get 4 months off your ban, once you complete the course, and the DVLA are informed. The course is optional, you dont have to do it, but there will be no reduction in sentance if you dont do it.

I am into my 5th month of a 1 year ban, and have just started the course (which reminds me, I have homework to do, for said course!), so i will get my license back 3 months earlier now. Which after walking and relying on other people and public transport for 5 months now, cant come fast enough.

I hope this helps,

Regards,

The Village Idiot.
 
Ps, they will ask you confirm your name address age and read out the charge against you, more or less word for word as per your charge sheet, then ask how you plead.

The prosecution will then reiterate whats on the charge sheet, and speak in some form of code to the bench about a fine etc.

GET IN TOUCH WITH THE DUTY SOLICITOR, prior to going in to court. You will be asked when you report to court if you want to speak with duty solicitor, answer YES. Then spend some time with them explaining what happened, the Duty solicitor is your voice in court. tell him/her exactly what happened, or as much as you want them to know.

Back to court... So after the prosecution has done their bit, the duty solicitor will speak on your behalf, this is where they will talk about your previous good character and offer references etc, and they will talk about your guilt and remorse etc, about your job, and maybe about what impact it will have on your family life.

Then its upto the Magistrates to decide your length of ban and fine.

So I predict the only things you will say in court are as follows,

GUILTY, and THANKYOU, as you are dismissed from court.

Hope this helps, mate.

The Village Idiot.
 
Enter code DRINKDRIVING10 during checkout for 10% off
Top