How long do drink-driving court hearings take?

DinkyLass

I'm not sure this is in the right place, but my brother has recently been caught drink-driving and is due to appear in court in a few weeks time at 9.30am.


This is his first (and hopefully last) offence and he's worried so I've said I'll go with him for moral support and I was just wondering how long these hearings normally take?

k3lvc

It should be done within a few mins but despite saying 9.30 there's no telling when during that day his case will end up being heard. I certainly wouldn't be planning anything else for the rest of the day

colino

That's a helpful time, the pubs will be open when he's through.

HappyMJ

DinkyLass wrote: »

I'm not sure this is in the right place, but my brother has recently been caught drink-driving and is due to appear in court in a few weeks time at 9.30am.


This is his first (and hopefully last) offence and he's worried so I've said I'll go with him for moral support and I was just wondering how long these hearings normally take?

Get a solicitor. I know what he did was bad but a solicitor can mean the difference between a long disqualification or maybe even prison sentence and he could if he has enough mitigating circumstances just get a shorter disqualification. If there are aggravating circumstances the solicitor may be able to present the case so it isn't as bad as it seems.

Pleading guilty at the earliest opportunity gets 30% off the sentencing guidelines figure and doing a course gets another 25% off the sentence.

If he's twice the limit sentencing guidelines he should get between 17 and 22 months for a first offence.

If his reading was over 276mg in his blood he can expect prison.

interstellaflyer

As above, I'd plan for being there all day, when you arrive at court there should be a notice telling you what cases are being heard and the order but cases over run so even if you are near the top of the list you could still be there some time.

macman

It would help if you told us how he is intending to plead?

TBagpuss

For criminal cass, it is usual for all cases to be listed at the same time (e.g. 9.30) and the court will then work through them.

*gernally* they will take the striaght forward ones and those which are ready, first. So if he is pleading guilty and his solicitor is there and ready to start at 9.30 he may get in early.

If he is pleading not guilty, or if his solicitor has other cases as well and is not available, or if the CPS lawyer is in more than one courtroom, then it may be later.

The actual hearing is likely to be quote short, assuming this is the first hearing.

DinkyLass

Thanks guys.


He was twice the legal limit. He's 24 and passed his test at 18.


He's pleading guilty and as for mitigating circumstances, one of his closest friends just died of cancer 3 weeks ago. He's already admitted to the arresting officer that it was no excuse and he should have known better so he's just going to tell it as it is and take whatever they throw at him.


Thankfully he doesn't need his licence for work...he does work full time, and is generally a level-headed adult with no previous convictions so I'm hoping they won't be too harsh.


I absolutely abhor drink-driving and even he keeps saying he can't believe he was that stupid...I think it's safe to say he won't do it again!

OnanTheBarbarian

For a guilty plea on a drink drive charge, I would say that the costs of paying for a lawyer would probably not pay for themselves as far as the fine reduction is concerned.

A 12 month ban is inevitable unless there are any aggravating features such as a collision or damage to third party property etc. No risk of jail etc unless he had previous for drink drive a few times and there was aggravating features.

So my advice would be to dress smart, turn up in good time, write down details of his income & outgoings, apologise to the court, explain any mitigation and again express remorse (not at getting caught) but at the offence itself and await a ban plus a fine and some court costs to pay.

Worth a look at this site for some free advice http://roadtrafficrepresentation.com/RTR/PublicForms/HowWeCanHelp.aspx

matttye

He'll probably be offered the drink drive rehabilitation course as well which will reduce his ban if completed by a certain date.

I'd say he should expect a high ish financial penalty depending on his earnings.