Drink Driving Information

An unrepresented defendant in a drink driving case will otherwise be reliant upon the court Legal Adviser, with only a vague overview of the case, to assist them in respect of court procedure.  Being unrepresented is often daunting as the courts can be an alien environment and the nature of proceedings is likely to be overwhelming for most.  That said, every person appearing before the criminal courts can appear as a litigant in person, without representation.

The job of an advocate is to guide a client through the process from the beginning, until the end of proceedings, with a view to achieving the best possible outcome on the day.  Not only will they ensure that hearings are effective, but also, if there is any room to persuade the Crown toward a lesser charge, or to withdraw one or more charges, the advocate will be instrumental in doing so.  Presenting a comprehensive case in mitigation, whilst advancing supporting evidence in favour of the client, goes a long way in achieving a far better result on the day of sentence than anticipated. 

Likewise, where the defendant enters a not guilty plea and the case proceeds to trial, legal arguments, case management issues will be presented by your advocate as the case progresses and ultimately concludes in the trial court.

A possible exception to the rule is, where an individual finds themselves the subject of a prosecution for the first time, and the evidential reading in breath provided should attract the lowest level of sentencing and the minimum 12-month disqualification, and representation may be financially out of reach, appearing as a litigant in person may not attract a worse outcome in this case.

The trial court is a wholly different experience.  A defence advocate’s job is to cross-examine prosecution witnesses and to present the Defence case in consideration of the evidence advanced during the trial and in consideration of relevant legislation, Rules and previous judgments. The job of an advocate is a very specific skill, honed over years of practice.

Being charged with an offence can be a frightening experience but a lawyer can help you. Finding the right representative can be a daunting process but we believe our success rate speaks for itself.  We will prove that our success is due to our expert knowledge and through client-care. We will examine every aspect of your drink driving case and provide you with thorough and clear advice.

• Drink driving with a breath sample 94% success rate
• Drink driving with a blood or urine sample 95% (approx) success rate
• Drink driving cases when sample donated in hospital 95% (approx) success rate

Even amongst other road traffic specialists these are extremely impressive statistics but when we are instructed in a case we want to ensure you receive a first class service and this is an area which we excel.

At Motoring Defence Solicitors we look at every possible aspect of your case and provide you with thorough and clear advice . We do not bombard you with legal jargon but rather give you an honest and frank opinion about the merits of your case. Our aim is to ensure that you have all the information required to make the best decision for your own case as you are the person that will live with the outcome.

What happens at a Magistrates Court?

Magistrates’ Courts deal with a high volume of road traffic cases; often having up to 30 cases to be heard in one court on any particular day.  It is the job of the Court to get through the daily list as efficiently as possible.

In view of the obligation upon the Court to effectively manage their lists, the court will usually ask for a plea to be entered, that is guilty or not guilty, at the first hearing in a drink driving case.  It is extremely rare for the case to be adjourned for plea.

If a guilty plea is advanced by a drink driver, the court will generally proceed to pass sentence immediately.  Each sentence will be determined by the evidential reading recorded by the breath, blood or urine test, the antecedent history of the driver, and any aggravating or mitigating factors apparent in that case.

 Any disqualification imposed will take effect immediately and the driver is therefore prohibited from driving upon release from court until expiry of the disqualification period. 

The statutory minimum disqualification for drink driving is 12 months.  The higher the reading provided, the longer the disqualification will be.  If a second, third or numerous offences carrying the mandatory 12 month minimum disqualification for an alcohol-related offence has been convicted within the previous 10 years, the 1 year mandatory ban increases to a 3 years.    

Where a reading is high, and exceeds the lower band of sentencing, so attracting a community order, or custodial sentence, the court may order a pre-sentence report to be prepared.  In this situation, the case may be adjourned for sentencing on a future date.  This adjournment enables the Court Probation Team to prepare a report, which will ultimately assist the court in sentencing. 

If a defendant enters a not guilty plea at the first hearing, wishing to contest the charge of drink driving, the case management process takes place trial issues, as far as possible at that early stage, will be presented to the Court.  Once complete, the court will adjourn the case to either trial, or a further interim hearing.  In most drink driving cases, the defendant will continue to drive up to (and, when successful, after) the trial date.

The trial date should be fixed in accordance with all parties’ availability (within reason) and is usually listed on a date at least 6 weeks, often far further into the future, from the early hearing.

Both sides to proceedings present their case at trial over one, or a number of days. In all but the most serious of cases, the Court will either acquit, or convict and sentence, on the same day, directly after the Prosecution and Defence teams have closed their case.