Guilty with mitigating circumstances?

Convicted Driver Insurance
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Jc23056

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Circumstances:
Date of offence: June 11th 2022
Urine result: 161

I was just hoping for some advice regarding whether it’s worth explaining possible mitigating circumstances of why I was driving over the limit. I feel absolutely ashamed of the fact I even got behind the wheel and I fully accept that there has to be consequences, so I don’t want to appear like I’m trying to get out of any punishment. The fact of the matter is, I’m guilty of the offence, however I would never ever get behind the wheel if the following had not happened:

- I was at a wedding party that had turned violent. Lots of the male attendees had started fighting and there was blood everywhere. Children were screaming and even the wedding planner was in bits begging me to get them all to stop (I didn’t know these guests)
- my anxiety went through the roof when I heard one of them ring someone else and say additional men were on their way.
- I tried for at least an hour to get a taxi but there was three big events on in Manchester: Parklife, The Killers concert and Ed Sheeran concert so I could not get a taxi.
- I had driven to the wedding because I’d been unwell the week leading up to it and wasn’t going to attend. By the time I’d dragged myself out of bed, i had to rush there so I was going to leave my car overnight and had arranged with my sister to take me for it the next day.
- because of how rowdy everything had gotten, and the fact further people were on their way, and I couldn’t get a taxi, I went and sat in my car away from it all. I genuinely do not know what happened between then and crash.
- I crashed the side of my car into a metal post close to my home.
- no-one was hurt and I admitted to being over the limit immediately.

I cannot believe that I made the decision to drive. I’m devastated. And although I don’t remember making the decision to drive home, there’s no way I would ever think it was okay, so I can only assume my anxiety got the better of me and I left as the fighting was getting worse.

I’m wondering if I provided the following evidence as mitigating circumstances would it help?:
- letter from the wedding planner to support the fact the fighting had become out of hand.
- proof that all three of those big events were on that evening and it was impossible to get home
- proof of the text exchange with my sister that I had no intention of driving home that evening
- letter from my GP to support that I am the primary carer for my severely autistic brother and have been since I was 17 and need to be able to take him to his appointments as he cannot use public transport.

I fully accept what I’ve done regardless of the above and I am absolutely devastated this has happened so I want and know I need to plead guilty, but I don’t want the judge to think I’ve just done this casually. I would never ever do it again.

Thanks for any help.
 
Jc23056 said:
Circumstances:
Date of offence: June 11th 2022
Urine result: 161

I was just hoping for some advice regarding whether it’s worth explaining possible mitigating circumstances of why I was driving over the limit. I feel absolutely ashamed of the fact I even got behind the wheel and I fully accept that there has to be consequences, so I don’t want to appear like I’m trying to get out of any punishment. The fact of the matter is, I’m guilty of the offence, however I would never ever get behind the wheel if the following had not happened:

- I was at a wedding party that had turned violent. Lots of the male attendees had started fighting and there was blood everywhere. Children were screaming and even the wedding planner was in bits begging me to get them all to stop (I didn’t know these guests)
- my anxiety went through the roof when I heard one of them ring someone else and say additional men were on their way.
- I tried for at least an hour to get a taxi but there was three big events on in Manchester: Parklife, The Killers concert and Ed Sheeran concert so I could not get a taxi.
- I had driven to the wedding because I’d been unwell the week leading up to it and wasn’t going to attend. By the time I’d dragged myself out of bed, i had to rush there so I was going to leave my car overnight and had arranged with my sister to take me for it the next day.
- because of how rowdy everything had gotten, and the fact further people were on their way, and I couldn’t get a taxi, I went and sat in my car away from it all. I genuinely do not know what happened between then and crash.
- I crashed the side of my car into a metal post close to my home.
- no-one was hurt and I admitted to being over the limit immediately.

I cannot believe that I made the decision to drive. I’m devastated. And although I don’t remember making the decision to drive home, there’s no way I would ever think it was okay, so I can only assume my anxiety got the better of me and I left as the fighting was getting worse.

I’m wondering if I provided the following evidence as mitigating circumstances would it help?:
- letter from the wedding planner to support the fact the fighting had become out of hand.
- proof that all three of those big events were on that evening and it was impossible to get home
- proof of the text exchange with my sister that I had no intention of driving home that evening
- letter from my GP to support that I am the primary carer for my severely autistic brother and have been since I was 17 and need to be able to take him to his appointments as he cannot use public transport.

I fully accept what I’ve done regardless of the above and I am absolutely devastated this has happened so I want and know I need to plead guilty, but I don’t want the judge to think I’ve just done this casually. I would never ever do it again.

Thanks for any help.
Click to expand...
A couple of things that are jumping out at me first of all-
1) were the Police called? If not, why not and if so, why didn’t you wait in your car for them?
2) I am not sure it’s a good idea to mention your amnesia between leaving the hotel and hitting the post.
3) Just a warning, the “owners” of the metal post (I’m assuming Council?) may come looking for reimbursement for the damage.
4) Why is your result Urine not breath?
5) How far did you drive before the accident?
6) When is your court date, what have they charged you with and have you sort advice from a local solicitor yet?

X
 
WinterSnow said:
A couple of things that are jumping out at me first of all-
1) were the Police called? If not, why not and if so, why didn’t you wait in your car for them?
2) I am not sure it’s a good idea to mention your amnesia between leaving the hotel and hitting the post.
3) Just a warning, the “owners” of the metal post (I’m assuming Council?) may come looking for reimbursement for the damage.
4) Why is your result Urine not breath?
5) How far did you drive before the accident?
6) When is your court date, what have they charged you with and have you sort advice from a local solicitor yet?

X
Click to expand...
And I also wouldn’t mention how poorly your were feeling prior to thinking consuming an amount of alcohol which may have led to temporary amnesia, was a good idea? The two just don’t seem to go together
 
Jc23056 said:
Circumstances:
Date of offence: June 11th 2022
Urine result: 161

I was just hoping for some advice regarding whether it’s worth explaining possible mitigating circumstances of why I was driving over the limit. I feel absolutely ashamed of the fact I even got behind the wheel and I fully accept that there has to be consequences, so I don’t want to appear like I’m trying to get out of any punishment. The fact of the matter is, I’m guilty of the offence, however I would never ever get behind the wheel if the following had not happened:

- I was at a wedding party that had turned violent. Lots of the male attendees had started fighting and there was blood everywhere. Children were screaming and even the wedding planner was in bits begging me to get them all to stop (I didn’t know these guests)
- my anxiety went through the roof when I heard one of them ring someone else and say additional men were on their way.
- I tried for at least an hour to get a taxi but there was three big events on in Manchester: Parklife, The Killers concert and Ed Sheeran concert so I could not get a taxi.
- I had driven to the wedding because I’d been unwell the week leading up to it and wasn’t going to attend. By the time I’d dragged myself out of bed, i had to rush there so I was going to leave my car overnight and had arranged with my sister to take me for it the next day.
- because of how rowdy everything had gotten, and the fact further people were on their way, and I couldn’t get a taxi, I went and sat in my car away from it all. I genuinely do not know what happened between then and crash.
- I crashed the side of my car into a metal post close to my home.
- no-one was hurt and I admitted to being over the limit immediately.

I cannot believe that I made the decision to drive. I’m devastated. And although I don’t remember making the decision to drive home, there’s no way I would ever think it was okay, so I can only assume my anxiety got the better of me and I left as the fighting was getting worse.

I’m wondering if I provided the following evidence as mitigating circumstances would it help?:
- letter from the wedding planner to support the fact the fighting had become out of hand.
- proof that all three of those big events were on that evening and it was impossible to get home
- proof of the text exchange with my sister that I had no intention of driving home that evening
- letter from my GP to support that I am the primary carer for my severely autistic brother and have been since I was 17 and need to be able to take him to his appointments as he cannot use public transport.

I fully accept what I’ve done regardless of the above and I am absolutely devastated this has happened so I want and know I need to plead guilty, but I don’t want the judge to think I’ve just done this casually. I would never ever do it again.

Thanks for any help.
Click to expand...
Plead guilty take your punishment get on with your life the ban will soon fly bye
 
WinterSnow said:
A couple of things that are jumping out at me first of all-
1) were the Police called? If not, why not and if so, why didn’t you wait in your car for them?
2) I am not sure it’s a good idea to mention your amnesia between leaving the hotel and hitting the post.
3) Just a warning, the “owners” of the metal post (I’m assuming Council?) may come looking for reimbursement for the damage.
4) Why is your result Urine not breath?
5) How far did you drive before the accident?
6) When is your court date, what have they charged you with and have you sort advice from a local solicitor yet?

X
Click to expand...
1) I’ve no idea if the police were called. The wedding wasn’t in the nicest of areas and it was the wedding of someone at work. There was blatant drug taking with most of these guests. I can’t answer why I didn’t wait around as I don’t remember making the decision to leave.
2) wasn’t going to mention it but was just explaining why I chose to drive to you lovely people
3) they haven’t yet but I am aware of this. Thank you though
4) I was taken to the hospital to be checked over but the wait for a blood test was 6 hours. The police officer disappeared for about 30 minutes, then a female officer showed and they told me I had to do a urine sample instead as they didn’t have time to wait around (due to the three other events going on they were really busy)
5) court date is 29/12/22. Charged with driving over the legal limit. Not sought advice yet as was just getting opinions from others regarding the mitigating circumstances as if there’s no point then I may aswell just plead guilty. I had emailed a solicitors last night though

Thank you for replying
 
Jc23056 said:
1) I’ve no idea if the police were called. The wedding wasn’t in the nicest of areas and it was the wedding of someone at work. There was blatant drug taking with most of these guests. I can’t answer why I didn’t wait around as I don’t remember making the decision to leave.
2) wasn’t going to mention it but was just explaining why I chose to drive to you lovely people
3) they haven’t yet but I am aware of this. Thank you though
4) I was taken to the hospital to be checked over but the wait for a blood test was 6 hours. The police officer disappeared for about 30 minutes, then a female officer showed and they told me I had to do a urine sample instead as they didn’t have time to wait around (due to the three other events going on they were really busy)
5) court date is 29/12/22. Charged with driving over the legal limit. Not sought advice yet as was just getting opinions from others regarding the mitigating circumstances as if there’s no point then I may aswell just plead guilty. I had emailed a solicitors last night though

Thank you for replying
Click to expand...
What’s baffling me is if it was so bad that both you and the Wedding Planner were fearful; why you didn’t call the police? It makes no sense! Anyhow……

Personally; I don’t think you have much option other than to plead guilty but enlist the help of the Duty Solicitor on the day. Dress smartly and write a letter of remorse to the judge. Don’t go into excuses or try and justify your actions (hence my police comment). Fingers crossed your ban will move quickly and any fines/claims are minimal.

Wishing you good luck 😊👍🏻
 
Jc23056 said:
Circumstances:
Date of offence: June 11th 2022
Urine result: 161

I was just hoping for some advice regarding whether it’s worth explaining possible mitigating circumstances of why I was driving over the limit. I feel absolutely ashamed of the fact I even got behind the wheel and I fully accept that there has to be consequences, so I don’t want to appear like I’m trying to get out of any punishment. The fact of the matter is, I’m guilty of the offence, however I would never ever get behind the wheel if the following had not happened:

- I was at a wedding party that had turned violent. Lots of the male attendees had started fighting and there was blood everywhere. Children were screaming and even the wedding planner was in bits begging me to get them all to stop (I didn’t know these guests)
- my anxiety went through the roof when I heard one of them ring someone else and say additional men were on their way.
- I tried for at least an hour to get a taxi but there was three big events on in Manchester: Parklife, The Killers concert and Ed Sheeran concert so I could not get a taxi.
- I had driven to the wedding because I’d been unwell the week leading up to it and wasn’t going to attend. By the time I’d dragged myself out of bed, i had to rush there so I was going to leave my car overnight and had arranged with my sister to take me for it the next day.
- because of how rowdy everything had gotten, and the fact further people were on their way, and I couldn’t get a taxi, I went and sat in my car away from it all. I genuinely do not know what happened between then and crash.
- I crashed the side of my car into a metal post close to my home.
- no-one was hurt and I admitted to being over the limit immediately.

I cannot believe that I made the decision to drive. I’m devastated. And although I don’t remember making the decision to drive home, there’s no way I would ever think it was okay, so I can only assume my anxiety got the better of me and I left as the fighting was getting worse.

I’m wondering if I provided the following evidence as mitigating circumstances would it help?:
- letter from the wedding planner to support the fact the fighting had become out of hand.
- proof that all three of those big events were on that evening and it was impossible to get home
- proof of the text exchange with my sister that I had no intention of driving home that evening
- letter from my GP to support that I am the primary carer for my severely autistic brother and have been since I was 17 and need to be able to take him to his appointments as he cannot use public transport.

I fully accept what I’ve done regardless of the above and I am absolutely devastated this has happened so I want and know I need to plead guilty, but I don’t want the judge to think I’ve just done this casually. I would never ever do it again.

Thanks for any help.
Click to expand...
hi i have recently been in a very similar situation and feel so ashamed what u need is a chat to a solicitor which will tell u weather to go guilty or not. mine has told me to plead not guilty under something called the hip flask law and was like you fearful of a situation i was in and was being followed turns out it was an off duty police lady following me but she obvs wasnt doing a very good job as i knew she was there and was always told by my husband if i think someone is behind me then to do a weird indirect route home. which she in her statement said i did a weird route, but due to being a victim of previous serious gun crime and the offender being released from jail now after serving 7 years i wasnt about to wait around to see who my stalker was. my advice to you is try not to worry to much i know its easier said than done but u will make yourself ill you know your not that type of person so dont worry about what a judge says. my solicitor told me that the min dq the courts hand out is a year and if u do the drink driving course it gets 3 months reduced. good luck on your court date. mine is now the 2nd feb 23 and honestly you should have seen the judges face when i said NOT GUILTY
 
KELC2411 said:
hi i have recently been in a very similar situation and feel so ashamed what u need is a chat to a solicitor which will tell u weather to go guilty or not. mine has told me to plead not guilty under something called the hip flask law and was like you fearful of a situation i was in and was being followed turns out it was an off duty police lady following me but she obvs wasnt doing a very good job as i knew she was there and was always told by my husband if i think someone is behind me then to do a weird indirect route home. which she in her statement said i did a weird route, but due to being a victim of previous serious gun crime and the offender being released from jail now after serving 7 years i wasnt about to wait around to see who my stalker was. my advice to you is try not to worry to much i know its easier said than done but u will make yourself ill you know your not that type of person so dont worry about what a judge says. my solicitor told me that the min dq the courts hand out is a year and if u do the drink driving course it gets 3 months reduced. good luck on your court date. mine is now the 2nd feb 23 and honestly you should have seen the judges face when i said NOT GUILTY he obvs wasent expecting that lol x
Click to expand...
 
KELC2411 said:
hi i have recently been in a very similar situation and feel so ashamed what u need is a chat to a solicitor which will tell u weather to go guilty or not. mine has told me to plead not guilty under something called the hip flask law and was like you fearful of a situation i was in and was being followed turns out it was an off duty police lady following me but she obvs wasnt doing a very good job as i knew she was there and was always told by my husband if i think someone is behind me then to do a weird indirect route home. which she in her statement said i did a weird route, but due to being a victim of previous serious gun crime and the offender being released from jail now after serving 7 years i wasnt about to wait around to see who my stalker was. my advice to you is try not to worry to much i know its easier said than done but u will make yourself ill you know your not that type of person so dont worry about what a judge says. my solicitor told me that the min dq the courts hand out is a year and if u do the drink driving course it gets 3 months reduced. good luck on your court date. mine is now the 2nd feb 23 and honestly you should have seen the judges face when i said NOT GUILTY
Click to expand...

You are using the Hip Flask Defence? So you have paid an expert thousands to attend court and state you would have been under the limit if you hadn't drunk after you stopped driving?
 
JamesH2122 said:
You are using the Hip Flask Defence? So you have paid an expert thousands to attend court and state you would have been under the limit if you hadn't drunk after you stopped driving?
Click to expand...
On my second offence, I’d had 1 small glass of wine. Then on my return home, I’d drank a few more. Later on police arrested me for drink driving. My solicitor said the sheriff would never accept that defence and to plead guilty so that’s what I did.
 
KELC2411 said:
hi i have recently been in a very similar situation and feel so ashamed what u need is a chat to a solicitor which will tell u weather to go guilty or not. mine has told me to plead not guilty under something called the hip flask law and was like you fearful of a situation i was in and was being followed turns out it was an off duty police lady following me but she obvs wasnt doing a very good job as i knew she was there and was always told by my husband if i think someone is behind me then to do a weird indirect route home. which she in her statement said i did a weird route, but due to being a victim of previous serious gun crime and the offender being released from jail now after serving 7 years i wasnt about to wait around to see who my stalker was. my advice to you is try not to worry to much i know its easier said than done but u will make yourself ill you know your not that type of person so dont worry about what a judge says. my solicitor told me that the min dq the courts hand out is a year and if u do the drink driving course it gets 3 months reduced. good luck on your court date. mine is now the 2nd feb 23 and honestly you should have seen the judges face when i said NOT GUILTY
Click to expand...
Make your mind up. Your post from September says that you were followed and for some random reason (whilst waiting in the car for your daughter to come out of a shop) you had placed your keys in a back pack on the rear seat of the car.
1) that is NOT normal behaviour
2) you were breatherlised at the scene and blew 44
so
3) why are you lying and why the heck are you pleading NOT GUILTY under the hip flask defence?????

I’m not surprised the judge had a face with your pleading. Which story is true? The daughter or the being followed?
 
KELC2411 said:
hi i have recently been in a very similar situation and feel so ashamed what u need is a chat to a solicitor which will tell u weather to go guilty or not. mine has told me to plead not guilty under something called the hip flask law and was like you fearful of a situation i was in and was being followed turns out it was an off duty police lady following me but she obvs wasnt doing a very good job as i knew she was there and was always told by my husband if i think someone is behind me then to do a weird indirect route home. which she in her statement said i did a weird route, but due to being a victim of previous serious gun crime and the offender being released from jail now after serving 7 years i wasnt about to wait around to see who my stalker was. my advice to you is try not to worry to much i know its easier said than done but u will make yourself ill you know your not that type of person so dont worry about what a judge says. my solicitor told me that the min dq the courts hand out is a year and if u do the drink driving course it gets 3 months reduced. good luck on your court date. mine is now the 2nd feb 23 and honestly you should have seen the judges face when i said NOT GUILTY
Click to expand...
The judge was probably gobsmacked that some people still don't except that caught drink driving and are gullible to pay a solicitor for will be a guilty verdict
 
Guygibson said:
The judge was probably gobsmacked that some people still don't except that caught drink driving and are gullible to pay a solicitor for will be a guilty verdict
Click to expand...
Especially when they are guilty. What a waste of CPS time. It’s actually quite sad how people still fall for the online cowboys promising the earth in exchange for false hope. Unfortunately for KELC2411 she can’t tell the truth to us; so the courts have no chance and all her hopes of a reduced sentence after pleading NG are now a memory 😞😞
 
JamesH2122 said:
You are using the Hip Flask Defence? So you have paid an expert thousands to attend court and state you would have been under the limit if you hadn't drunk after you stopped driving?
Click to expand...
Her original post is a totally different tale. Needs to decide which story they are running with!!!
 
WinterSnow said:
Especially when they are guilty. What a waste of CPS time. It’s actually quite sad how people still fall for the online cowboys promising the earth in exchange for false hope. Unfortunately for KELC2411 she can’t tell the truth to us; so the courts have no chance and all her hopes of a reduced sentence after pleading NG are now a memory 😞😞
Click to expand...
I always think if Wayne Rooney and all the other celebrities with there millions cannot get away with it why do these people think they can baffles me when I have been caught its never crossed my mind I just felt shame and guilt 🤷
 
Guygibson said:
I always think if Wayne Rooney and all the other celebrities with there millions cannot get away with it why do these people think they can baffles me when I have been caught its never crossed my mind I just felt shame and guilt 🤷
Click to expand...
Yep indeed, Mr Gibbo. If the great and good among us like Granny Gratifier, Katie Hopeless and Ant McSlaphead all recognise that they’re banged to rights - and that pleading guilty is best - then who the **** are we not to.

Back to the OP, this is covered slightly on the DUI course (a bit late then, of course, but still good validation for those of us brave enough to admit our guilt and that we ****ed up). The (very) informative guy running the gig went through the (infinitesimally small) cluster of recent cases where Hip Flask had been tried, and of course failed, and they sounded like circumstances - and I mean no disrespect at all to you, it sounded scary - gravely worse than yours, and surround events that sounded significantly more life-or-death than a wedding scuffle and the threat of a few lads lads showing up.

He then went on to provide examples during history he was aware of - bearing in mind he was a lawyer in this before retiring to take on the course - that he could recall where it was successful.

Having built a career out of us idiots, this guy says he thinks he can remember two such cases.

I’m afraid the loopholes are all closed. Good luck arriving at what I hope is the right decision. With no record of police being called to indicate severity, you can’t even prove the event happened. And without a **** load of witnesses willing to lie for you (don’t), personally I think you have as much chance of Frosty climaxing before it melts in hell before reaching a happy ending with this one.
 
Last edited:
Sundog said:
Yep indeed, Mr Gibbo. If the great and good among us like Granny Gratifier, Katie Hopeless and Ant McSlaphead all recognise that they’re banged to rights - and that pleading guilty is best - then who the **** are we not to.

Back to the OP, this is covered slightly on the DUI course (a bit late then, of course, but still good validation for those of us brave enough to admit our guilt and that we ****ed up). The (very) informative guy running the gig went through the (infinitesimally small) cluster of recent cases where Hip Flask had been tried, and of course failed, and they sounded like circumstances - and I mean no disrespect at all to you, it sounded scary - gravely worse than yours, and surround events that sounded significantly more life-or-death than a wedding scuffle and the threat of a few lads lads showing up.

He then went on to provide examples during history he was aware of - bearing in mind he was a lawyer in this before retiring to take on the course - that he could recall where it was successful.

Having built a career out of us idiots, this guy says he thinks he can remember two such cases.

I’m afraid the loopholes are all closed. Good luck arriving at what I hope is the right decision. With no record of police being called to indicate severity, you can’t even prove the event happened. And without a **** load of witnesses willing to lie for you (don’t), personally I think you have as much chance of Frosty climaxing before it melts in hell before reaching a happy ending with this one.
Click to expand...
Just to note that JC23056 (OP) is not claiming the hip flask defence. That rubbish is coming from KELC2411 who cannot choose which story to run with and appears to have fallen foul to online loop hole “experts”. I have no sympathy for someone who blatantly lies (even to us) and tries to provide advice based on lies too. No wonder the judge laughed with her plea! Unfortunately not only will she she spend thousands on a false case but she will get a much harsher sentence to boot.
 
WinterSnow said:
Just to note that JC23056 (OP) is not claiming the hip flask defence. That rubbish is coming from KELC2411 who cannot choose which story to run with and appears to have fallen foul to online loop hole “experts”. I have no sympathy for someone who blatantly lies (even to us) and tries to provide advice based on lies too. No wonder the judge laughed with her plea! Unfortunately not only will she she spend thousands on a false case but she will get a much harsher sentence to boot.
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You do get some plonkers on here with there excuses on looking for ideas how not to get banned my favourites are the i couldn't blow at the station due to medical circumstances like I was to anxious ffs pull the other one 😀
 
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