DUI of Cannabis | Expected Fine

[DiddlyDoo23]

Hello, I’m enquiring today about a recent DUI charge I got

 

I was arrested on the 1st of February for driving while intoxicated with cannabis.

I’ve received my court date for the 8th July to go and plead guilty for the case. Obviously I was under the influence and over the limit but I’m unsure if a solicitor is needed or not due to me pleading guilty anyway.

 

What sort of fine should I expect. Friends have had £100 before but not too sure. It’s my first offence and I’m on long term sick pay for 4 months.

 

[honeybee13]

Hi.

 

Do you have legal cover with your car or house insurance? 

 

HB

[DiddlyDoo23]

Legal cover? I’m not sure I do.

 

I live with parents and the cars insured by me if that’s what you mean.

[ericsbrother]

you can check your insurance policy but i wouldnt hold out too much hope as you intend to plead guilty so not a lot they can add to make it worthwhile.

best be contrite and make sure you can show what your earnings actually are.

[Man in the middle]

Do you realise that if you have been charged under Section 5A of the Road Traffic Act you face a mandatory twelve month driving ban? As well as that, the offence carries a maximum of six month's custody for the most serious cases. What were your friends who were fined £100 accused of? Were they driving?

Edited June 28, 2019 by Man in the middle

[renegadeimp]

Doubt very much he would go to custody for it. Unless the OP was driving erratically,  has been in trouble before for it,  or had a very heavy reading. 

However,  you can definitley expect a heavy fine,  ban and points on your licence.   Probably an extended retest as well as having to go on a course.

Even if you do please guilty.

Edited June 28, 2019 by renegadeimp

[DiddlyDoo23]

I was taken to the station for blood tests and forced to get an Uber back. My charge letter says

 

“Contary to section 5A(1)(a) and (2) of the road traffic act 1988 and schedule 2 to the road traffic offenders act 1988”

[Man in the middle]

1 hour ago, DiddlyDoo23 said:

I was taken to the station for blood tests and forced to get an Uber back. My charge letter says

 

“Contary to section 5A(1)(a) and (2) of the road traffic act 1988 and schedule 2 to the road traffic offenders act 1988”

Then you will be subject to a minimum 12 month disqualification.

 

No, custody is not likely. But as well as the disqualification you can expect a fine (of somewhat more than £100) or possibly a community order if there are aggravating circumstances or the reading was high. You will not have any points imposed (you can only have a ban or points, not both). There is no mandatory re-test for the offence and the court is unlikely to order a discretionary one.  

[renegadeimp]

SO theyre charging you with the serious offence.

I suggest you find and speak to a solicitor asap.  You shoudl really have asked for the duty solicitor when you were at the station. You may please guilty thinking youll get a lesser punishment, but solicitors know the judges and ins and outs of it all, they may be able to provide some mitigation.

Right now, i can pretty much guarantee youre looking at a strong punishment.  Courts do NOT like people DUI for any reason.

[renegadeimp]

Quote

No, custody is not likely. But as well as the disqualification you can expect a fine (of somewhat more than £100) or possibly a community order if there are aggravating circumstances or the reading was high. You will not have any points imposed (you can only have a ban or points, not both). There is no mandatory re-test for the offence and the court is unlikely to order a discretionary one. 

I politely disagree. I live in north wales. One of the worst areas for courts handing down harsh driving punishments.  In the newspapers and on the polices own social media feeds, we regularly see poeple getting charged for DUI etc.  And yes, even after a ban, a court COULD add on points after the ban has been lifted.  They can and normally also do order extended retests after someone has been on a ban, plus  in some cases courses.

I wouldnt say it if it doesnt already happen in some areas.

[Man in the middle]

Quite honestly there is nothing a solicitor can do that you cannot do yourself if you are pleading guilty. However, since the offence is imprisonable you will be able to take advantage of the duty solicitor at your first hearing only. If it goes to a second or subsequent hearing you will be either on your own or you will have to pay for representation.

 

Quote

And yes, even after a ban, a court COULD add on points after the ban has been lifted.

Perhaps you could point me to the legislation that provides for that to be done.

[DiddlyDoo23]

Thanks guys. I don’t think I’m actually going to get a solicitor then as I don’t think they’d fight a case I am pleading guilty too. I’ve done wrong and I’m paying the consequences for it.

 

Im going to write a letter to read out as I’ve been on Sick pay since May with a broken arm so hopefully my Fee will be smaller.

 

Court date is the 8th July so wish me luck

[honeybee13]

Are you going to attend the hearing?

 

HB

[Man in the middle]

He needs either to attend or contact the court to seek an adjournment. The offence is imprisonable and carries a mandatory disqualification and if he does not attend the court may well issue a warrant for his arrest.

[DiddlyDoo23]

Yes I’ll be attending of course. I don’t want any more trouble than I already have.

[renegadeimp]

If you dont want to use a solicitor ( i suggest you get there the second the court opens and speak to a duty solicitor anyway, just to get their take on things), plead guilty, be very apologetic and be totally truthful.  They have heard every excuse going, so they will see right through you if you start throwing in hyperbole.

Edited July 2, 2019 by renegadeimp

[DiddlyDoo23]

100% agree. I’m writing a letter to read to be as apologetic as I can. I’m due in at 9:15 am so I assume I’m first

[renegadeimp]

Court will be open a little earlier, and duties are first come first served/  . I suggest you speak to the duty solictor, even in you dont intend to use them as representation in the court room. As stated already,  you have very possible high penalties for what you have done.  A good solicitor can mitigate that more than you could  admitting it with a letter.

 

Edited July 2, 2019 by renegadeimp

[Shelley181146]

Diddlydoo, just wondering how you got on in court? What was the outcome?

[DiddlyDoo23]

37 minutes ago, Shelley181146 said:

Diddlydoo, just wondering how you got on in court? What was the outcome?

 

I plead guilty and then was fined £235 including court expenses etc + a 12-month ban. 

 

I didn't get a solicitor and just used the duty solicitor at the court. 

 

 

[Shelley181146]

Do you mind me asking what your reading was please?

[DiddlyDoo23]

That's fine, I can't remember to the point but it was way over 2 

[Shelley181146]

Oh! so a good outcome then in that respect?

 

We can all make mistakes, hopefully it wont impact on your employment moving forward.

 

Thanks for sharing. 

 

[DiddlyDoo23]

Yeah I thought it was going to be worse.

 

Luckily I get a lift too and from work by cousins so I'm ok. But for some people, not so much!