Solicitor has just messed my head

Convicted Driver Insurance

Carmad67

Member
Hi my solicitor well paralegal, has just emailed me saying. At the first hearing there won't be witnesses called, but they may at a later date. Wtf. Is drink driving offence not done on the day?
 
Carmad67 said:
Hi my solicitor well paralegal, has just emailed me saying. At the first hearing there won't be witnesses called, but they may at a later date. Wtf. Is drink driving offence not done on the day?
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The witnesses account was taken by the police as proof that you were driving it would seem, or they have other proof and they do not not need to call witnesses. You have been charged with drink driving and not 'in charge' so they must be confident that you were driving.

Does the Paralegal mean that there may be a second court appearance for the indecent exposure (or whatever the further enquiries they are making is about) where the witness may be called to confirm facts?
 
He never said. He just said at the first hearing there be no witnesses but maybe called at a later date depending on how my case is progressing. I'm just charged with drink driving on my court form. Nothing else is listed
 
He just replied saying the first hearing maybe the only one but there may need another hearing they won't know till they get court papers
 
Carmad67 said:
He never said. He just said at the first hearing there be no witnesses but maybe called at a later date depending on how my case is progressing. I'm just charged with drink driving on my court form. Nothing else is listed
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Are you planning on pleading guilty? If so, usually only 1 appearance (unless they ask probation for pre sentence reports - but this is usually when they are considering a custodial sentence).

If you are pleading not guilty, there will be a second appearance where you can supply evidence that you did not drink drive. If you are planning on the 'hip flask' defence i.e. you drank after you finished driving, you are probably looking at quite high solicitor costs and will have to have a back calculation carried out. Drink driving does not generally qualify people for legal aid unless there is a possibility of a custodial sentence - be wary about what solicitors tell you. Lots of people are goaded into going not guilty while the solicitor goes on a fishing trip, but then on the day of the trial advised to go guilty with horrendous solicitor fees to pay.

If you are planning on the route of not guilty, be aware that the success rate is very low and the onus is on you to prove that you did not drink drive..... From what you have eluded to so far, it does appear that you had indeed had a drink before driving, and are just hoping to get away with it.

Going not guilty sees court costs increased, the sentence given (if you are found guilty) will not be given credit for early guilty plea, and generally Magistrates get annoyed and apply the higher end of the sentencing guidelines as an 'extra' punishment!

Usually the advice on this forum is that if you are guilty, admit it and accept the punishment and move on.
 
I am planning on guilty as I had a drink before the incident. When I was arrested and then interviewed in the afternoon I said I drunk afterwards. As I couldn't cope going back in the cell as I'm guessing it would been the Tuesday and straight to court. I was arrested Sunday night and Monday was bank holiday. Your getting me a tad anxious now about a custodial sentence
 
He wrote saying not too worry I not go to prison as that would be too excessive for this offence but a community order may happen
 
Carmad67 said:
He wrote saying not too worry I not go to prison as that would be too excessive for this offence but a community order may happen
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You will not go to prison for the drink driving. I'm still not 100% sure as to what you have been charged for and what you are under investigation for though?? You mentioned having your 'wotsit' out and something about a shit before getting into an altercation with the people who saw you........

I was saying that legal aid is generally only given if there is a possibility of prison. You say you are pleading guilty, you do this in court when the magistrate asks you what you plead.

As you are pleading guilty, it is generally straight forward. If you do not get legal aid (and I really don't think you will from what you have said - but it may depend on what the other investigation is for and what is decided on that) you can either get a solicitor that you have to pay for (generally a local non-specialist solicitor would charge £3-400 for a guilty plea), you can represent yourself or you can ask for the (free) duty solicitor on the day of your court case. The duty solicitor is not guaranteed, if they have other more important cases that day, you don't get them - but you might not know that until you literally are called in to the court room.

A solicitor may be able to get across your mitigation better than you are able to do yourself, so can sometimes be worth the money. If you are confident of speaking to the magistrates on your own and can get over your mitigation, then you might not need a solicitor. Whatever you choose, ensure that you ask for the drink drive awareness course at the actual hearing, it can knock 25% off your sentence but can only be given there and then, if you forget and then leave the court, there is no going back.
 
To be clear. I was drink driving and I stopped cause I was bursting for a wee. Nobody was there.And as soon as I started nearly having a pee ppl appeared and starting shouting. I got back in car and drove home. They followed me in car and outside my home an argument about me trying to wee. Then saw I had been drinking. After a few choice words police were called. I got arrested.he said I had been exposing myself. I've been charged with drink driving which is the only bit on my court date. The other form has exposure and I was bailed with no conditions and police said I will hear by either letter or phone call about it. Oh and obviously I was assaulted. When I was at police station on Easter Monday I said I drank after my beating (I only said this as I was shit scared to go back in the cell as I'm guessing I would have been in there till Tuesday at some poinr) Monday was a bank holiday.he paralegal said I maybe at court twice even though I plead guilty..
 
Carmad67 said:
To be clear. I was drink driving and I stopped cause I was bursting for a wee. Nobody was there.And as soon as I started nearly having a pee ppl appeared and starting shouting. I got back in car and drove home. They followed me in car and outside my home an argument about me trying to wee. Then saw I had been drinking. After a few choice words police were called. I got arrested.he said I had been exposing myself. I've been charged with drink driving which is the only bit on my court date. The other form has exposure and I was bailed with no conditions and police said I will hear by either letter or phone call about it. Oh and obviously I was assaulted. When I was at police station on Easter Monday I said I drank after my beating (I only said this as I was shit scared to go back in the cell as I'm guessing I would have been in there till Tuesday at some poinr) Monday was a bank holiday.he paralegal said I maybe at court twice even though I plead guilty..
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Ahhhh OK, makes a bit more sense now.

I'm not sure, but the exposure will possibly be investigated but to be honest will probably be dropped as you explained you were going to the toilet at the time. Did you report the assault and are the Police investigating it? Was the geezer arrested? Were there any witnesses to it apart from the bloke who did it and his lady friend? It won't play any part in the DD case though, especially as it happened after you drove.

As for the DD, doesn't really matter what you said at the station about drinking after finishing driving, if they have charged you with DD they are pretty confident they have the evidence they need. I'm unsure why the Paralegal says there may be 2 court appearances, as I said before, usually a straightforward case will be heard in 1 sitting and you will be sentenced there and then. Usually takes around 15 minutes or so.
 
Hi many thanks for reply. Yes there were other witnesses 3 of my neighbours. The woman never told police her friends name. The police took statements from them. They photographed my injuries and it wasn't until my interview that they told me he had damaged my car. After the interview the officer told me too phone 101 to report the crime after midnight when I was released. So really my beating was my punishment for drink driving, as nothing really I can report. No name or description
 
If what you say about going for a slash is as straightforward as you say it is, then I doubt it will go anywhere. Might just be mentioned in an attempt to up the DD punishment by a few months/extra fine.

Hate to ask this, but you've not been in trouble for anything related to indecent exposure/sexual in the past, have you? If so, I'd assume the police will be looking at far more detail at the circumstances that led to you having your old chap out in full view of people.

Assume you were taking a leak somewhere discrete, rather that in someone's front garden, etc? Because it seems pretty odd - in the extreme - for random people to come and assault someone for having a quiet pee in public.
 
No never had anything like that. I stopped the car, went on the grass , if say 200 yards from nearest house. It was dark. And I thought rather than wet myself just stop have a wee then home. Unlucky ppl started walking in the car park pointing at me. I stopped for back in the car and drove home. Didn't know I was being followed until the car pulled up. So me going for a wee will be mentioned at the hearing. Just a nightmare.
 
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