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Drink driver caught for third offence: what are the likely penalties and can we assist?
I have been charged with a driving offence my level being 57 as compared to the 36 normal. I have two previous offences of the same nature, the first for a year, the second for 3 years, a £750 fine, 6 points and 120hrs community service. I finished my sentence in July this year. My dad passed away last week and my sister also died last Sunday which is the day I was arrested for drink driving. I had just been in an argument with my partner over money matters and that she wants a divorce. I have not been driving for a long time but with all this pressure on my mind it was an impulse thing for me to take the car and go to meet a friend just to talk over my problems. I had two drinks which I did not think would be over the limit. I also took some pills to make me go to bed and Nurofen for headache. I was stopped on my way home and failed the drink test. The previous time I was caught I was under so much stress because I had lost my mother. With all this in consideration, what is the worst case scenario? Could this be a custodial sentence? How can you help me in terms reducing my sentence as well as avoiding a custodial one? I have three children all under the age of five and one who is 10months. I am the bread winner but my business has just collapsed.
You already appreciate this is a serious matter. It appears to be a drink driving offence with a breath reading of 56 against the legal limit of 35 micrograms in 100 millilitres of breath.
The bad news first:
You say you have two previous convictions for drink driving, but doesn't say from when. If you got a three year ban for the second it is most likely that it was within ten years of the first offence. You say you finished your sentence in July this year and therefore I think its safe to assume that this offence is within ten years of the first two.
The magistrates will obviously treat this matter seriously. The breath reading isn't terribly high (you only get the option to give a blood sample as a double check if your breath reading is under 50) but the number of previous similar offences will make the court feel that you have not learned your lesson.
Having said that there is a lot of personal mitigation in this case.
The court will want to see evidence of the personal tragedies that have occurred. I know it sounds harsh but some people make up terrible stories to try and get a lighter sentence. The court are also likely to order full pre-sentence reports to be prepared by the probation service. You must co-operate with the probation service in the preparation of these reports and if you show willing they are likely to support a non-custodial sentence, but at the end of the day it is up to the court.
The court is likely to think that you have a problem with alcohol and I am sure you accept this. Joining AA or self referral to your GP for help will go some way to showing that you are trying to address those problems. You might not be an alcoholic but the reality is that you seem to make bad decisions in relation to alcohol when under emotional stress.
You are at risk of a custodial sentence because of your previous offences. We could help by preparing you mitigation and representing you on a fixed fee with the assistance of local counsel. Having said that if your means are low you may be able to get legal aid. If you are dealt with at the first hearing you may be able to have the assistance of the local duty solicitor which is a free service at court.
As a first step you should agree to a detailed exploratory interview with our senior motoring offence defence solicitor Emma Patterson to see what help she can provide in preparing a mitigation and assisting with your case.
The Roadside Lawyer will initially provide Emma's expert support to road traffic offence clients at a one off charge of £25 plus VAT for a detailed half hour telephone consultation.
She will have been briefed and read about the background to your case.
After the consultation she will provide email notes and guidance detailing how you should best proceed.
If you instruct us to further act for you, any additional charges will be notified before you incur them so you can take an informed decision on how much further expenditure you wish to incur. If you choose to let us represent you, the initial call cost will be waived.
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