Mitigating circumstances

Convicted Driver Insurance


New member
Hi, my partner was charged with drink driving in November and blew 48. He hired a solicitor who advised he had a case to plead not guilty due to the police “not following procedure properly”, so we got to the magistrates court yesterday and the barrister dismissed this (so we paid a fortune to be misinformed and ill advised - no mention of mitigating circumstances or what could happen should he plead guilty)

He drove after a heated argument between us resulted in the end (since reconciled) of our relationship, and in a state, and making suicidal comments, drove off in the car. He was in the car less than 3 minutes before he realised his mistake and turned back, but got pulled over, breathalysed and arrested. We left court yesterday still pleading not guilty due to mitigating circumstances leading up to the incident, and I have been asked to stand trial to give evidence to support his state of mind at the time.

My question is, if he were to now inform the judge and barrister that he wishes to plead guilty with mitigating circumstances leading up to the incident, plus the fact that he has to drive in order to work, so if he loses his licence, he will lose his job, we will lose our house and essentially be forced into semi poverty - supporting a family of 4 on my wage, could do he do so, or would he have to have done this initially? We are also both seeking help for our mental health, and this is caused a great deal of stress and we are both struggling.

OR, do we stick with the not guilty plea and go to trial with his mental state as a defence?

Please help, we have a trial date of 1st June and the wait so far has been unbearable. I am also a very nervous driver and although have taken further lessons, I have an anxiety attack every time I have to get behind the wheel, so the thought of having to be solely responsible for driving our family round is causing a great deal of stress.

What is the best action to take here? He knows, and knew at the time he shouldn’t have done it, but the thought of losing his licence and his livelihood will have a detrimental effect

please help, thank you

Martin Hammond

Good afternoon,

Unfortunately what you are asking is way to advanced for this forum. Cases can be fought and won in the Magistrates Court but only your solicitor is in the position of knowing the strengths and weaknesses of the case.

It very much sounds like it is time you sat down with your Solicitor and explained your misgivings about your case, and your barrister, and see what they have to say. If you are unhappy with the defence, you still have plenty of time to look for new representation.

Best of luck


New member
Thank you, we will definitely be seeking new representation and logging a complaint about the information given. We went in there confident I’m with the advice given, only for it to be disregarded as nonsense immediately. I appreciate you coming back to me
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