Charged for Drink Driving - Duty Solicitor or Private Solicitor for my Court Hearing?

[hitman126]

Hello,

 

 

Earlier this month, I was arrested in Central London for drink driving. I had attended my cousin's wedding reception near the Old Bailey and as is typical of the limited parking options in the city, after a tedious and lengthy search for parking places, I eventually managed to park my car a considerable distance away from the venue and walked to the event.

 

Later that night when there were parking spaces available at the venue, I went to get my car so I could park it there. As it happened, and not being that familiar with that part of town, I ended up taking a wrong turn and in no time at all got lost and was struggling to find my way back. Unfortunately, I got stopped by the police, was breathalysed at the scene and ended up spending the night in a police cell, having been charged for drink driving. My reading by the way was 75mg. I had never been in any trouble with the law until this incident.

 

I now have a court hearing in just over a week's time and I'm desperate for advice on whether it is worth seeking a private solicitor or simply use the services of the duty solicitor on the day.

 

Secondly, if the general recommendation is for me to employ the services of a private solicitor, could anyone recommend some solicitors who aren't too expensive to use?

 

 

Finally, what sort of punishment can I expect to receive for my offence if found guilty?

 

 

Thank you.

[honeybee13]

Hello there.

 

We aren't allowed to recommend solicitors, I'm afraid. But the Law Society website has a Find a Solicitor function that lets you type in the speciality you need and find local firms. Then you can ring them up and find out the possible costs. Most firms will talk to you for about 30 minutes without charging, to see if they can help. That should give you more information.

 

In case it's relevant, how far over the limit were you? And if you were banned would this affect your job?

 

Also, do you have legal advice offered as part of your household insurance?

 

HB

[Conniff]

If you are guilty the duty or none. If you think you can prove the testing equipment was wrong and you weren't under the influence then pay big bucks for a private one.

 

Pleading guilty will always get you a lesser sentence than dragging it out with a not guilty plea.

 

You can expect a ban and around £200 in fines depending on how high the readings.

Edited October 31, 2015 by Conniff

[honeybee13]

Here's a link to the magistrates' guidelines for drink driving. You want from page 112 onwards.

 

https://www.sentencingcouncil.org.uk/wp-content/uploads/MCSG_web_-_October_2014.pdf

 

HB

[hitman126]

Hi honeybee13,

 

 

Thanks very much for your prompt response. Forgot to add in my original posting, the reading stated on my charge sheet was 75mg.

I am not entirely sure if my household insurance includes legal advice and will need to check this, but I'm inclined to believe I wouldn't

have taken that up.

 

 

Thanks.

[BankFodder]

You will be best off following the advice from Conniff.

 

The thing to do is to going to court looking smart and very contrite. Plead guilty. Tell the magistrate that you realise that you acted very foolishly and it was a first offence and that you won't be doing it again.

 

It's only worth getting a solicitor involved if there are special reasons why you shouldn't have a ban – but otherwise, the best thing to do is to take up as little of everybody's time and money as possible.

 

If you have limited means then tell the magistrates that you got limited means and that your limited income means that a large fine would have a very bad effect on your family and especially your children at Christmas. A good thing to say to the magistrates might be that you would be prepared to have a slightly longer ban and a reduced fine for that reason.

 

They would be unlikely to give you a longer ban but they might be moved by your plea for a smaller fine.

[determindator]

I believe the ban time may also be reduced if you attend an alcohol awareness course, which would be stated whilst in court.

 

Some useful info here

 

https://www.gov.uk/guidance/take-a-drink-drive-rehabilitation-course

[hitman126]

Thanks All.

I have taken on board all your very helpful feedback and will adhere to them. I had already decided to plead guilty

as frankly I have no grounds to dispute the charge and so as Bankfodder has said, I will just have to show remorse and plead

for some leniency. No point disputing it to aggravate matters.

 

 

Will this also mean I will have a criminal record, or do driving offences not fall under that banner?

[JoeyJoeC]

Happened to me. Stupidly drove after a night out when a very drunken friend was getting into fights. Had literally been walking to my friends house just before to stay there the night. Got pulled over and spent the night in the cells too.

 

I didn't have a solicitor, or use the duty solicitor which was a mistake. I was handed a £200 fine and 20 month ban. Week later in the papers, someone who didn't have a licence and was drunk, hit a 7 year old kid, and only got 12 month ban but slightly more fine.

 

Either way you're going to get a ban, no way around that and yes it will give you a criminal record.

[neil6534]

yep agreed, not worth getting a duty solicitor involved, speak up for yourself, tell them you acted foolishly.....you'll prob get 20month ban plus £200-£300 fine.

 

if you need to drive for work state this quite firmly as if you could loose your job if you can not drive sometimes, only sometimes they can show some flexibility

 

you may also get the chance to reduce the ban to 15months if you take a drink drive awareness cost - not sure how much these are these days but mine cost me £140 some 10 years ago

[JoeyJoeC]

Take a look here: http://www.drinkdriving.org/

 

They have a forum there full of people in the same situation. Have a read though and ask advise. they will be the best people to ask.