Facing court and potential driving ban - any advice?

Crazy_Jamie

vax2002 wrote: »

Unfortunately, there was no blood, so move on and deal with what is in front of you.
The evidence proves the charge, so look at ways of mitigating the sentence to the minimum ban and fine and i have told you what the magistrates will expect.
Make no mistake they wont do any "cok and bull" about thinking you were ok to drive when clearly you knew you had consumed a quantity of alcohol and I can speak on some knowledge on this.
There is a set of guidelines and all 3 will have to agree where the remorse shown sits the sentencing.
Someone who knowingly drove and fails to accept they were foolish will get the big stick.

I normally avoid getting into the realms of personal experience in such explicit terms, because ultimately this is the internet and the OP has no way of truly knowing who has the experience and knowledge that they claim, but seen as you have brought it up I am intensely curious as to what this experience or knowledge is that you claim you have. Because thus far you've given some very poor advice in this thread, and whilst it is not unusual for any individual to give poor advice on occasion on a site like this, giving poor advice and then claiming experience or knowledge to bolster its reliability is something else entirely.

newfoundglory

Sgt_Pepper wrote: »

If he was under on blood what charge would there be to defend or drop?

I don't think a pass on the blood test would guarantee not being charged - just makes it more likely to get a warning of some sort. The Police, CPS and courts are not an exact science - IIRC, I think a reading as high as 39 or 40 can get you off with a warning? Blood measurements are different....

Sgt_Pepper_2

newfoundglory wrote: »

I don't think a pass on the blood test would guarantee not being charged - just makes it more likely to get a warning of some sort. The Police, CPS and courts are not an exact science - IIRC, I think a reading as high as 39 or 40 can get you off with a warning? Blood measurements are different....

If you're under on blood you're not charged, its the end of the matter.

Notmyrealname

bamme wrote: »

Can anyone help me or give some insight?

Walk or take the bus/taxi. If they give you a ban it is with immediate effect so you cannot drive home. They occassionally have traffic police waiting outside courts to tug people stupid enough to drive home.

im-lost

Notmyrealname wrote: »

Walk or take the bus/taxi. WHEN they give you a ban it is with immediate effect so you cannot drive home. They occassionally have traffic police waiting outside courts to tug people stupid enough to drive home.

fixed it for you..

It will be a ban, there's no two ways about it.

Better get a pushbike ready for getting to work, not to seem mean, but I
detest drink drivers and wish bans were for longer, 1 year for every 1%
over the limit would do nicely

bamme

Wow thanks so much everybody, and Crazy Jamie for the time taken writing such a detailed post. Because everyone seems to be in agreement with Jamie and his advice is really detailed, i've referred to sections of this post below which i had just a couple followup questions about:

Crazy_Jamie wrote: »

...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.

I am currently unemployed and in receipt of jobseekers allowance (wow i am really seeming like im a great success in life so far, right..). i therefore dont earn but am given £50/week to live. Would the fine therefore be £75? Would they take into account I was in receipt of this benefit or would this be something I'd have to explain to them?

Crazy_Jamie wrote: »

...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.

I see, thanks very much. I am nervous about any specific way to put forward this mitigation.. should i formally write it out first then read it?

i don't want to seem all "umm.;. umm.. but it wasnt my fault.." as that's not what i'd be trying to do, but i get the idea there are certain ways to speak in court and im notoriously bad at speaking or explaining when nervous or before writing things down.

are there specific things i should say or ways of speaking, or specific things - as i read on an advice site - to actually not say, cause they will have all been heard before and will irritate/aggravate things? (such as "i was breathalised before on this amount, and was fine, but have since lost a lot of weight" or "the police man said he didn't think i seemed drunk and let me go")

And, in my mitigation, must i straight up ask for the fine to be reduced?? or do i simply put across the points and wait for the judge to decide?

Crazy_Jamie wrote: »

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.

Again, is there a good or 'done' way to say this and plead guilty? Or do you just say what comes naturally to say..?

Sgt_Pepper_2

im-lost wrote: »

fixed it for you..

It will be a ban, there's no two ways about it.

Better get a pushbike ready for getting to work, not to seem mean, but I
detest drink drivers and wish bans were for longer, 1 year for every 1%
over the limit would do nicely

Only if he's convicted.

Tilt

Jamie has been spot on throughout this thread. My only comment is with the police officer saying 'one pint is the limit'. Absolute tosh! There is NO set amount of actual consumption which will put you over the limit as there are so many things which can affect it.

The OP can expect a mandatory ban of at least 12 months which can be reduced to 9 if a drink-drive rehab course is completed. Typical fine will be around £260 plus £40 court costs.

Padz_2

The moral of this for everyone else is to make sure that your car doesn't have highly visible defects which can lead to a tug by plod. Sorry OP.

bamme

thanks everyone could i ask these questions i posted earlier, based on jamie's thread?

Originally Posted by Crazy Jamie
...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.

Question 1: I am currently unemployed and in receipt of jobseekers allowance (wow i am really seeming like im a great success in life so far, right..). i therefore dont earn but am given £50/week to live. Would the fine therefore be £75? Would they take into account I was in receipt of this benefit or would this be something I'd have to explain to them?

Quote:
Originally Posted by Crazy Jamie
...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.

Question 2: I see, thanks very much. I am nervous about any specific way to put forward this mitigation.. should i formally write it out first then read it?

i don't want to seem all "umm.;. umm.. but it wasnt my fault.." as that's not what i'd be trying to do, but i get the idea there are certain ways to speak in court and im notoriously bad at speaking or explaining when nervous or before writing things down.

are there specific things i should say or ways of speaking, or specific things - as i read on an advice site - to actually not say, cause they will have all been heard before and will irritate/aggravate things? (such as "i was breathalised before on this amount, and was fine, but have since lost a lot of weight" or "the police man said he didn't think i seemed drunk and let me go")

And, in my mitigation, must i straight up ask for the fine to be reduced?? or do i simply put across the points and wait for the judge to decide?

Originally Posted by Crazy Jamie
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.

Question 3: Again, is there a good or 'done' way to say this and plead guilty? Or do you just say what comes naturally to say..?