General Solicitor Information

Convicted Driver Insurance

Andy1

New Member
Hello, I was arrested for drink driving on saturday night. I think the reading was in the 90s but not 100% sure as I was still quite intoxicated when it was taken.
1. Can I request this information from the police? I've not been able to get through to the custody centre yet but will keep trying.
2. I was arrested about 100 miles from where I live in a place very inconvenient to get back to without a car, can I change court to more local?
3. Should I look for a solicitor close to the place I was arrested or close to where I live?
4. Can I get legal aid as I earn under £12000 per year with am single.
Thanks!
 
I have answered your questions below:

1. Can I request this information from the police? I've not been able to get through to the custody centre yet but will keep trying.

You should have been given a charge sheet on release. A solicitor should be able to obtain the Initial Details of the Prosecution Case by secure email prior to your court appearance. Alternatively, you need to continue to contact the police station to try and get the details directly form them.

2. I was arrested about 100 miles from where I live in a place very inconvenient to get back to without a car, can I change court to more local?

Unfortunately, you will have to attend the court local to the where the incident occurred.

3. Should I look for a solicitor close to the place I was arrested or close to where I live?

You can instruct a solicitor from anywhere in England and Wales but they may impact upon the cost.

4. Can I get legal aid as I earn under £12000 per year with am single.

It may be that you meet the financial test but to obtain legal aid for a motoring offence of this type you would need to be at risk of having a prison sentence imposed. If your reading is in the 90s then you would not be an automatic risk. The guidelines indicate that prison starts to be considered once your reading reaches 120µg of alcohol per 100ml of breath.
 
Thanks for your help. Another question if that's ok.

1. Would you generally advise having a solicitor? Possible problems with sentencing could be if I was tagged/curfewed as I work late nights and travel
regularly out of the country. A community order may cause problems with already arranged work travels too. So I would rather go for a higher
fine if this is possible.

The charge sheet just states Drive whilst unfit through drink. But doesnt give details on breath reading. As far as I remember I wasn't belligerent or too much trouble (beyond being pretty drunk).
 
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