Facing court and potential driving ban - any advice?

MX5huggy

You really need some proper legal advise, that you pay for instead of the keyboard lawyers on here. Find a Solicitor to represent you with experience in Drink Driving cases.

Sgt_Pepper_2

vax2002 wrote: »

You will be asked if you have any mitigation to add before sentence is passed.
You should stand up and speak clearly that you fully accept the punishment for your actions, that in driving whilst under the influence of Alcohol you could have caused injury or worse death to innocent people, that you wish to apologise to the court and the police and will fully accept the punishment.
This will reduce it.
Say nothing or stand up and say I thought I was ok to drive blah blah and the book will hit you in the teeth they will throw at you

Don't talk rubbish you're not helping as usual.

bamme ignore him.

worried_jim

I always thought it was an automatic 12 month ban and in some cases a fine as well. Didn't know you could reduce it to 9 months if you agree to a course. Always thought that if you were over the limit, you were over the limit and that was that.

bamme

Sgt_Pepper wrote: »

Don't talk rubbish you're not helping as usual.

bamme ignore him.

I think I'm confused. Were you not saying the same thing?? Like.. basically, just plead guilty, cause you're looking at a ban, best way to do it is just apologise n see if they reduce your sentence?

Crazy_Jamie

If you plead guilty or are found guilty of the offence in the absence of special reasons (see below) you will receive a ban. There is no discretion in this regard; a period of disqualification is mandatory. Your reading falls into the lowest bracket and therefore the sentencing guidelines recommend a period of disqualification of between 12 and 16 months. Realistically if you enter an early guilty plea and are of good character (i.e. no other previous convictions) you are very likely to receive a ban of 12 months.

In addition to the period of disqualification you will also receive a further punishment, which at the lower bracket is likely to be a fine. This will be relative to your income, and at Band C (which is the recommended level for the bracket) is a starting point of 150% of your relevant weekly income. Realistically the fine is the one aspect of the sentencing that the Magistrates actually have some notable level of discretion over, and therefore if you do enter an early guilty plea and put forward the mitigation you mentioned in your first post, the fine is likely to be reduced. You will also have to pay a victim surcharge in addition to the fine (which is £15), and Prosecution costs (which for an early guilty plea are usually £85; after trial they are many times that).

In answer to your other questions, there is no option for you to undertake a community order or any other punishment in substitution of the ban. The Court can offer you the chance to take a course which will reduce your period of disqualification by 25%. This must be undertaken at your own expense, but is obviously a good option for most people. It also tends to help with insurance costs when you can drive again.

In terms of procedure, your case will be listed for a hearing at the Magistrates Court. Unless you have reasons to contest the charge, you should enter a guilty plea at this stage, and you will likely be sentenced on the same day. The process is simple; you confirm your name/address/date of birth (or whichever combination is requested). The charge is then put to you, and you indicate that you plead guilty. The Prosecutor will explain the facts of the case to the Magistrates. You will then have an opportunity to put forward mitigation. This is where you explain your personal circumstances (i.e. what you've mentioned in your first post). It is a good idea to acknowledge that you will receive a ban and a fine, and ask that the Court is lenient given your previous record and circumstances. Apologising is also a very good idea. The Magistrates will then impose the sentence.

Regarding special reasons, this is where there is something exceptional about the offence itself (not your personal circumstances) which can justify the Court not banning you. Classic examples are that your drink was spiked, or you had to drive due to an emergency. This is the only way that a ban may not be imposed despite a finding or plea of guilty. Nothing that you've said in your original post suggests that special reasons would be present here.

One final thing to note; there are lots of solicitors out there who will make promises of fully investigating your case and gaining expert reports to try to exploit procedural loopholes, or put forward other arguments. Unless there was something obviously amiss in this case, such as the police station procedure being obviously wrong (chances are it wasn't), or something that amounts to special reasons, I would avoid the temptation to go to a solicitor. Chances are you will spend hundreds, if not thousands, and still be banned.

Unless there is something salient that you haven't already mentioned, I would plead guilty at the first opportunity and accept your punishment. You made a mistake, as many people do. It's not the end of the world, and I'm sure you'll learn from it.

Sgt_Pepper_2

worried_jim wrote: »

I always thought it was an automatic 12 month ban and in some cases a fine as well. Didn't know you could reduce it to 9 months if you agree to a course. Always thought that if you were over the limit, you were over the limit and that was that.

It is a 12 month ban minimum, however guilty plea and the completion of the course is an option offered to reduce your disqualification.

fivetide

Sgt_Pepper wrote: »

It is a 12 month ban minimum, however guilty plea and the completion of the course is an option offered to reduce your disqualification.

This. It's not so much about actually reducing your sentence. As said it's pretty much cut and dry given the sentencing policy.

All you can do is ask them to pass the butter when they take your trousers down. you want them to give you the minimum sentence not "make an example of you".

5t.

Crazy_Jamie

Sgt_Pepper wrote: »

It is a 12 month ban minimum, however guilty plea and the completion of the course is an option offered to reduce your disqualification.

Though realistically it is highly unlikely that the Magistrates will reduce the ban itself below 12 months due to credit for a guilty plea. If the course is offered (which it should be) and undertaken, it will reduce the period of the ban to 9 months as you've previously stated.

Yorkie1

Jamie's earlier post is correct in its outline of sentencing guidelines and court procedure. The court MUST award a 12 month disqualification - this is set down in statute - and can also consider whether to offer you the opportunity to subsequently reduce this to a given level by completing the drink/drive rehabilitation course within a certain timeframe (which should also be announced in court).

The reduction in sentence for an early guilty plea cannot reduce the 12 month statutory minimum, as suggested above.

OP, you may find this guide I've found online as an additional useful resource for the day itself.

vax2002

You need to get the 12 month ban first, go in with the excuse you "thought" you were OK to drive and it wont be a 12 month ban.