Expert Drug Driving and Drink Driving Solicitors

This is a question that we are frequently asked.  The answer is a matter of fact and degree.  In most cases, but not all, it is advised.

All proceedings begin at the magistrates court, whether they remain there or they are sent to the Crown Court.  For this reason alone, the magistrates courts are inundated with cases, generally in excess of 20 cases in each court room in any session. 

In the lower court, the District Judges or Magistrates are required to sit until each days list is dealt with.  On that basis, where a defendant is represented, the Court’s job is far easier as the lawyer acting for the defendant will tailor their submissions to relevant facts, namely those which will assist the court in passing the correct sentence.  Unrepresented defendants or litigants in person, largely do not have the skills required to navigate proceedings easily or secure the most favourable outcome in their case.  There are, however situations where, e.g. it is the individuals first ever offence, they have a previously unblemished record and they may have provided an evidential specimen which is just over the prosecution threshold.  In those cases, if the person is confident in presenting themselves to the court and the lowest level of sentencing is the most likely disposal, we often advise them that representation is more a hand-holding exercise and may not achieve a lesser sentence.

The magistrates court’s guidelines are exactly as the title suggests, guidelines.  Magistrates’ and District Judges have broad discretion in the lower court: similarly Crown Court Judges are just ‘guided’ by their bench book.  It is therefore impossible to guarantee an outcome, however it is certainly possible to negotiate or to navigate submissions toward a preferred outcome within (or outside) the range of sentencing options available to the bench.

The benefit of representation in all cases is experience and knowledge of the system, not least the skill required to persuade the bench towards a sensible sentence in each individual case.  

We deal only with privately funded cases.  The Duty Solicitor can be available to advise those facing serious offences, e.g. those likely to be concluded at the Crown Court or for people who are on Job Seekers Allowance or out of work for other reasons.  The Duty Solicitor has discretion to assist defendants or not.  Equally, they are often the busiest people at Court on any given day and often have to prioritise those most in need of their help and defendants facing the most serious charges.

After charge, unless an express condition of bail states that you cannot drive, you can continue to drive until the first hearing at the magistrates’ court.

If your plea is guilty, you will most likely be sentenced at that first hearing and therefore be fully aware of your position as the bench announce your sentence.  If your plea is not guilty, then it is entirely a matter for the court.  Again, if placed on bail pending your trial and the conditions expressly state that you cannot drive, then it is crucial that you adhere to those conditions.  Failing to do so would render you liable to further charges being laid.

In around 95% of cases, when a plea of not guilty is entered, particularly in respect of people who are unfamiliar with the criminal justice system, the court will allow a defendant to drive after leaving court, until the day of the trial.  Clearly, if successful after trial, the individual will simply continue to drive as they did prior to being the subject of criminal proceedings.

Drink driving, driving whilst unfit, drug driving and failing to provide an evidential specimen of breath, carry a mandatory minimum 12 month disqualification.  If you are found to be ‘In charge’ of a vehicle the court has the discretion to impose either points or a disqualification, never both.

The length of the driving disqualification will be dependant upon the level of alcohol or drug found to be in your blood at the time and other material factors such as culpability and harm, in addition to any previous offending history.  You will see the level of drug or alcohol alleged contained within the body of the text on your charge sheet.   The Magistrates’ Court Guidelines, available on the Sentencing Council’s website, display the starting points for each level of sentencing, like the document shown here, which provides sentencing options for the offence of driving with excess alcohol: https://www.sentencingcouncil.org.uk/offences/magistrates-court/item/excess-alcohol-driveattempt-to-drive-revised-2017/

To clarify, conviction only follows when a person either enters a plea of guilty at Court or is found to be guilty after trial.  You cannot formally enter a plea at a police station. 

Where there is insufficient evidence to prove that a person was driving, and the evidential test has shown that the person was over the prescribed limit, an alternative charge of being drunk in charge of a motor vehicle can be laid. The offence of being drunk in charge, in the alternative to driving whilst over the prescribed limit, can result in disqualification being avoided and 10 penalty points being awarded instead. Both outcomes attract a financial penalty and in the case of being drunk in charge of a vehicle, the outcome can be a 3-month custodial sentence for the most serious of cases.