Totally new to this and feeling totally lost

[SimonJ]

I was arrested and charged on Wed for drink driving - 66mg breath test. Totally written off my car. Damaged a set of traffic lights. MOST IMPORTANTLY I didn't hurt anyone. The stupid thing is it was a journey I didn't need to make but in my frame of mind I did and I wasn't too drunk to drive. The accident and arrest were literally metres from my house. I am so wrapped up in the guilt and shame and anxiety that I haveno ideawhere I go or what to do. I've not lost my job yet but I can't get to work as I have no car. I'm signed off sick due to stress and anxiety - which were the reasons my drinking has got worse. Losing my licence and getting it back seem the least of my worries. I feel at the moment I never want to drive again. I've now got huge financial worries having to scrape together to pay off my car finance. I've been told I willbe invoiced for the damaged traffic lights. I'm going to have to give up my job or be sacked. Sick pay is £95 a week. If I thought I had stress and anxieties before then I've increased them 100 fold. I've spoken to a couple of solicitors and been told different things. Spoken to one who told me that they will take it on and could try and get me off on a technicality or procedural matter. I can't afford their fees and that feels futile. I'm nearly 50 with few transferable skills going to need a job during Covid and huge unemployment. I really can't see how I'm going to forward - how to, where to. I just feel totally lost and screwed.

 

[price1367]

If these solicitors are confident that they can get you off 'on a technicality' , ask them to do it on a 'no win, no fee' basis.... I bet they will not do this. They will not have even seen the evidence so they will just go fishing to see if there is anything wrong, charge a big fee and then advise you to plead guilty if there is nothing wrong with the procedure!
You will face a ban of 17-22 months, which can be reduced by up to 25% if you are offered and complete a Drink Drive Rehabilitation course. (ask for it if the magistrates do not mention it, because it cannot be offered after the case is finished in court)
Turn up looking smart and try to get a couple of character references from your employer and someone of standing in the community.
In the day, you can see if the duty solicitor is able to speak for you. He / she may be busy with other cases that have priority but If they are available this is free.
Think about work, you will have no car but what alternatives are there that you have not explored before? As a disqualified driver you are allowed to ride an electric bike which may make the difference over using a push bike. Will your employer vary your hours to allow you to possibly use public transport? You are understandably feeling very negative at the moment but you have to start thinking about what CAN be done. What has happened cannot be changed. You will get support from others on here who have been through the same thing and come through it.

 

[SimonJ]

Thanks. I know I need to find positives.

 

[Honestman]

Drink Driving Penalty
Details of offence as provided by you:

Specimen Type: breath
Alcohol Level: between 60 and 89
No previous relevant convictions within the proceeding 10 years
You have not been disqualified two or more times for 56 days or more within the proceeding 3 years
Based on the information you provided above, upon conviction of driving with excess alcohol, Magistrates' sentencing guidelines suggest:

A driving disqualification of 17 - 22 months; and
A Band C Fine and/or a low level community order
Possible High Risk Offender
If the level of alcohol in your system exceeded 87.5 microgrammes per 100 millilitres of breath, or 200 milligrammes per 100 millilitres of blood, or 267.5 milligrammes per 100 millilitres of urine you will be classed as a high risk offender.

High risk offenders are required to take and pass a DVLA Medical before their driving licence will be returned to them upon expiration of their driving driving disqualification.

Drink Driving Rehabilitation Course
All courts usually offer first time offenders the opportunity to take the drink driving rehabilitation course. A court may allow an offender to take the course a second time where there is a good reason to do so. Offenders will not usually be offered a chance to take the course for a third time. Completing the course can reduce any disqualification period imposed by up to 25%.

 

[C J 1980]

Simon

Welcome to the Forum.

I was in your situation myself early last year, its s**t. However, if you do get banned it is not the end of the world. The hardest part is getting the court case out of the way. I am a bit sceptical of solicitors and what they tell people. Magistrates are not mugs and don't like being taken for fools. Over the years, many people, included celebrities have tried various ways to get off on a technicality (some really ridiculous ones usually involving premiership footballers). From reading your own circumstances, the evidence is quite strong because of the collision.

From my own point of view (and this is what I would do, so please don't feel I'm telling you to do this!!!), I would just take my punishment and get the court appearance out of the way. I pleaded guilty and I did not think it was as painless as I expected - in fact, the Magistrates were great with me.

I assume this is your first drink driving offence? If you blew 66mg, the good news is you do not fall into the HRO category so you won't have to endure the pain of a medical towards the end of your ban. If you are below 87.5mg, you do not pass the threshold of probation, which involves community service. However, because of the collision they may treat this matter as 'aggravated' and involve the good people of the probation service - Price 1367 might be able to clarify this area as I would not like to say hand on heart, whether the probation will or will not be involved.

Any fines you incur should reflect on your personal situation. There is a form you complete, prior to entering court that the Usher will give you when you sign in at court reception. This allows you to detail your financial earnings and obligations, so it is important to be truthful about covering the other costs to the local authority for the traffic lights. The Magistrates should take this into consideration when considering a fine. Unfortunately, there will be court costs & a surcharge (which are £85 each) providing you plead guilty at the first appearance.

Regarding your job - is drink driving a discipline matter? If not, are there any support networks in place, such as remote working or being able to use public transport? If your job does not involve professional driving, you might be in a better position. Do you have a shop steward or union rep you can contact for advice? Employers cannot simply sack employees and hand them a P45, if you have a permanent contract of employment - there are certain legal procedures they have to follow. If you are presently off sick, I would leave any employment issues to one side until the court case is out of the way. One thing at a time!!!

It might seem the world has come to an end right now, but believe me in several months time things will be far better than they are now. I blew 113 & 115 at the police station and got banned for 28 months. Because I am a HRO, I have to do a DVLA medical shortly and go through the misery of the DVLA delving into my medical history with my GP. I also had to do 100 hours community service because I was above the 87.5mg threshold. Oh and by the way, I lost my job too because I was driving for a living (should have known better!!!).

My point is, that there are a few of us on here who were/are in a worst situation than yourself. Like you said, no one died and traffic lights can be replaced - this is the most important thing by far. Good luck.

CJ

 

[SimonJ]

Simon

Welcome to the Forum.

I was in your situation myself early last year, its s**t. However, if you do get banned it is not the end of the world. The hardest part is getting the court case out of the way. I am a bit sceptical of solicitors and what they tell people. Magistrates are not mugs and don't like being taken for fools. Over the years, many people, included celebrities have tried various ways to get off on a technicality (some really ridiculous ones usually involving premiership footballers). From reading your own circumstances, the evidence is quite strong because of the collision.

From my own point of view (and this is what I would do, so please don't feel I'm telling you to do this!!!), I would just take my punishment and get the court appearance out of the way. I pleaded guilty and I did not think it was as painless as I expected - in fact, the Magistrates were great with me.

I assume this is your first drink driving offence? If you blew 66mg, the good news is you do not fall into the HRO category so you won't have to endure the pain of a medical towards the end of your ban. If you are below 87.5mg, you do not pass the threshold of probation, which involves community service. However, because of the collision they may treat this matter as 'aggravated' and involve the good people of the probation service - Price 1367 might be able to clarify this area as I would not like to say hand on heart, whether the probation will or will not be involved.

Any fines you incur should reflect on your personal situation. There is a form you complete, prior to entering court that the Usher will give you when you sign in at court reception. This allows you to detail your financial earnings and obligations, so it is important to be truthful about covering the other costs to the local authority for the traffic lights. The Magistrates should take this into consideration when considering a fine. Unfortunately, there will be court costs & a surcharge (which are £85 each) providing you plead guilty at the first appearance.

Regarding your job - is drink driving a discipline matter? If not, are there any support networks in place, such as remote working or being able to use public transport? If your job does not involve professional driving, you might be in a better position. Do you have a shop steward or union rep you can contact for advice? Employers cannot simply sack employees and hand them a P45, if you have a permanent contract of employment - there are certain legal procedures they have to follow. If you are presently off sick, I would leave any employment issues to one side until the court case is out of the way. One thing at a time!!!

It might seem the world has come to an end right now, but believe me in several months time things will be far better than they are now. I blew 113 & 115 at the police station and got banned for 28 months. Because I am a HRO, I have to do a DVLA medical shortly and go through the misery of the DVLA delving into my medical history with my GP. I also had to do 100 hours community service because I was above the 87.5mg threshold. Oh and by the way, I lost my job too because I was driving for a living (should have known better!!!).

My point is, that there are a few of us on here who were/are in a worst situation than yourself. Like you said, no one died and traffic lights can be replaced - this is the most important thing by far. Good luck.

CJ

Thanks. I'm really sorry to hear about your situation. That really sucks. But like you I know I did the crime so I need to take the punishment.

Yes, this is my first offence of any kind.

I don't live close enough to my work to use public transport. Plus my work (or rather my inability to handle the stress) was one of the main causes of my stress and anxiety causing me to drink.

Unfortunately due to Covid my hearing isn't until mid January next year. At the hearing do you need to present your plea in mitigation orally or can it be done in writing and given to the magistrate with any other submissions?

I really appreciate you taking the time to comment and offer your advice.

I wish you all the best and goodluck.

 

[Lizzie]

I was arrested and charged back in February. I blew 122 . I was due to court at the beginning of April but due to COVID I only went to court last week. Court was honestly fine. Everyone was really nice and had a good talk with the probation officer. I think one of the hardest things was waiting for the court case as usually they are a couple of weeks after the crime. I paid for a solicitor who was in fact the duty solicitor so not sure how that worked. My Solicitor and probation officer were both interrupted when speaking with me due to worse cases so the Judge requested them. Easier said than done but try not to worry. You will feel better as time goes on especially after your court case. Just try to figure the important things for now. I walk alot and get the bus. I am becomming much fitter and reading loads on the bus.

 

[Lizzie]

Thanks. I'm really sorry to hear about your situation. That really sucks. But like you I know I did the crime so I need to take the punishment.

Yes, this is my first offence of any kind.

I don't live close enough to my work to use public transport. Plus my work (or rather my inability to handle the stress) was one of the main causes of my stress and anxiety causing me to drink.

Unfortunately due to Covid my hearing isn't until mid January next year. At the hearing do you need to present your plea in mitigation orally or can it be done in writing and given to the magistrate with any other submissions?

I really appreciate you taking the time to comment and offer your advice.

I wish you all the best and goodluck.

If you have a solicitor they will mitigate for you. You only need to confirm your full name and dob. I took a character reference with me. I've also heard of people writing their own letter to the court.

 

[SimonJ]

I was arrested and charged back in February. I blew 122 . I was due to court at the beginning of April but due to COVID I only went to court last week. Court was honestly fine. Everyone was really nice and had a good talk with the probation officer. I think one of the hardest things was waiting for the court case as usually they are a couple of weeks after the crime. I paid for a solicitor who was in fact the duty solicitor so not sure how that worked. My Solicitor and probation officer were both interrupted when speaking with me due to worse cases so the Judge requested them. Easier said than done but try not to worry. You will feel better as time goes on especially after your court case. Just try to figure the important things for now. I walk alot and get the bus. I am becomming much fitter and reading loads on the bus.

Thanks, Lizzie. I hope things are working out for you now.

 

[C J 1980]

Simon

As Price1367 has said get some character references and maybe do a letter of apology to the court - don't try and make excuses for your actions through. If you are not in court until January I would suggest speaking to your GP to explain the situation and see if they will prescribe anything that might get you through this difficult time. All the best.

CJ

 

[January]

Simon, I had to wait from May until the end of October to get the letter that I was being charged - delay due to blood results taking ages. I went to court in November last year
The wait was awful as I kept hoping I was ok
Court : get someone to go with you , go smart etc yes I got several character refs & wrote a letter of remorse
I had a solicitor who helped me get the lower end of sentence
I spoke to work immediately it happened & they supported me fully if I hadn’t told them I was in breach of contract
A few tips
I did the finance form in advance as I knew I would be a wreck on the day
The day is awful but once out it’s easier I was scared I would be in prison
Unfortunately you need to aware of the local press & I hit good style as they picked up my name searched it & found they had done a press release re my job & a grant - 1/2 page & photo that was awful
But you survive, alth I recently refused to do a press release for that paper !!
Some tips
Try to stay well & do speak to gp
It sounds as if your job is an issue can they re deploy you to something else or use time to re think there are CAP jobs clubs run in most areas worth going along
Remember things will get better & you survive you won’t feel like it but you will
Do talk to friends & there is the forum
There are dark days but it gets easier. Re the driving course do ASAP I got mine done in Feb just before Covid lockdown
Transport as I have been home based since lockdown it wasn’t too bad but ore covid you find people are helpful re lifts. Also get the local transport apps, shopping - amazon & supermarkets deliver
But one day at a time but do keep talking to people don’t hide
Walk tall you have made one mistake that’s all

 

[January]

Simon, I had to wait from May until the end of October to get the letter that I was being charged - delay due to blood results taking ages. I went to court in November last year
The wait was awful as I kept hoping I was ok
Court : get someone to go with you , go smart etc yes I got several character refs & wrote a letter of remorse
I had a solicitor who helped me get the lower end of sentence
I spoke to work immediately it happened & they supported me fully if I hadn’t told them I was in breach of contract
A few tips
I did the finance form in advance as I knew I would be a wreck on the day
The day is awful but once out it’s easier I was scared I would be in prison
Unfortunately you need to aware of the local press & I hit good style as they picked up my name searched it & found they had done a press release re my job & a grant - 1/2 page & photo that was awful
But you survive, alth I recently refused to do a press release for that paper !!
Some tips
Try to stay well & do speak to gp
It sounds as if your job is an issue can they re deploy you to something else or use time to re think there are CAP jobs clubs run in most areas worth going along
Remember things will get better & you survive you won’t feel like it but you will
Do talk to friends & there is the forum
There are dark days but it gets easier. Re the driving course do ASAP I got mine done in Feb just before Covid lockdown
Transport as I have been home based since lockdown it wasn’t too bad but ore covid you find people are helpful re lifts. Also get the local transport apps, shopping - amazon & supermarkets deliver
But one day at a time but do keep talking to people don’t hide
Walk tall you have made one mistake that’s all

Sorry to add
Re driving to work is there anyone you work with live near by for lifts or any neighbours out of work or got young adult kids looking for work to drive you

Also telling people I found that hard so wrote a long text / email for true friends to tell them - but it was hard
Most stood by me came round with food etc A couple fell by the wayside

Stay strong

 

[SimonJ]

Simon

As Price1367 has said get some character references and maybe do a letter of apology to the court - don't try and make excuses for your actions through. If you are not in court until January I would suggest speaking to your GP to explain the situation and see if they will prescribe anything that might get you through this difficult time. All the best.

CJ

Thanks, CJ.