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Legal matters

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Original poster

DH Drink Driving and legal representation

71 replies

HoneywithLemon · 21/04/2015 09:40

DH crashed and wrote off the car last week. He had been drinking in the early evening and was found to be just over the limit (143 and 144 were his readings at the police station).

He is looking at getting legal representation in court. I was wondering (a) how much he might expect to pay and (b) whether he needs a barrister or will a solicitor suffice?

He's had some quotes, the lowest of which was £600 and the highest £1000 (the latter with barrister, not sure about the others).

He can expect a ban of at least a year (reduced to 9 months if he attends a DD awareness course), and a fine, but the accident (which involved no one else, thank goodness) is an "aggravating factor" which may increase the severity of his sentence.

OP posts:
RyanAirVeteran · 21/04/2015 09:52

What were they measuring, because as I can see it, whatever method they used he was well over the limit.
UK Scotland

Micrograms per 100 millilitres of breath 35 22
Milligrammes per 100 millilitres of blood 80 50
Milligrammes per 100 millilitres of urine 107 67

Penfold007 · 21/04/2015 09:56

143 of what?

CheeseandPickledOnion · 21/04/2015 09:57

I wouldn't bother with legal representation. In a DD situation I don't think it will benefit you much. The sentances are pretty standard and he'll get what he gets. A ban and fine. Nothing will change that.

RinkRashDerbyKisses · 21/04/2015 09:58

This reply has been deleted

Message withdrawn at poster's request.

RyanAirVeteran · 21/04/2015 09:59

Thanks Rink, I thought I was going mad.

LineRunner · 21/04/2015 10:02

Is he going to plead guilty but present mitigation of some sort?

SoupDragon · 21/04/2015 10:03

What is he hoping that legal representation will do for him?

Madamecastafiore · 21/04/2015 10:04

I thought limit for breath tests was 35, higher if blood or urine tested.

RyanAirVeteran · 21/04/2015 10:04

Soup

Use smoke and mirrors to make him look "just" over the limit.

Original poster
HoneywithLemon · 21/04/2015 10:56

Lol, sorry typo !!! I did mean 43 and 44. He tested 39 at the roadside.

The law changed on 15th (?) April so it's breath only now - no blood or urine offered for marginal cases (ie those between 35 and 50) any more.

He is thinking a lawyer would be a good idea just in case the magistrate looks at a longer ban, though I'm not sure if this is possible given the reading? It's the aggravating factor (of crashing the car and ending up upside down in a farmer's field) that is the worry if the magistrate has discretion.

If the ban is always going to be 12 months, lawyer or not, then the only thing that the lawyer can perhaps influence is the fine. And the fee for the lawyer would cancel that out IYKWIM.

OP posts:
Original poster
HoneywithLemon · 21/04/2015 10:57

He will be pleading guilty btw.

One solicitor did mention that the police might not have followed proper procedure as he wasn't taken to hospital but I don't think that can be a factor. An ambulance was called and he was checked over at the scene.

OP posts:
Madamecastafiore · 21/04/2015 11:03

I can never read these threads without thinking that the drunk driver should be banned from driving forever or that it's sad that they didn't end their own lives. They were willing to play fast and loose with the publics safety after all.

As someone who lost a parent in an RTA I just feel disgusted.

SoupDragon · 21/04/2015 11:21

I can never read these threads without thinking that the drunk driver should be banned from driving forever or that it's sad that they didn't end their own lives.

How lovely. Hmm It must be great to be perfect.

Personally, I always think of my brother who did it once as a stupid youth and has never so much as touched a drop when driving in the 30 years since. He took the punishment without a single complaint or attempt to use a lawyer for "mitigating circumstances".

Original poster
HoneywithLemon · 21/04/2015 11:26

So, do you think it would look worse if he had a lawyer??

I am keen for the best outcome as obviously it affects me and the DC hugely if he can't drive. The money is a secondary consideration.

OP posts:
Fayrazzled · 21/04/2015 11:27

I'd always recommend having qualified legal representation in a criminal matter; your husband would be bonkers not to.

Fayrazzled · 21/04/2015 11:28

It won't look worse if he has a lawyer. Having a lawyer is expected in criminal matters.

Madamecastafiore · 21/04/2015 12:48

That's great Soupy, thankfully he didn't kill anyone as a 'Stupid youth' and has learnt his lesson. Maybe if he had have done or you had lost a member of your family due to such circumstances the your opinion would be different.

PaleoRules · 21/04/2015 12:58

Madame, I'm with you on the lifetime ban for drink drivers - the "stupid youth" would probably think twice if they thought they were never going to drive again.

But then my ILs' friend lost both his parents to a drink driver one Christmas Eve - it focuses the mind.

AuntieDee · 21/04/2015 13:04

Look for someone who specialises in drink driving cases - a solicitor will be fine if their reputation is good. It's not a good idea to go into these things without legal representation or he could get more of a fine or ban that with representation. You get a free 30 minutes legal advice - nothing to lose by using it...

Abraid2 · 21/04/2015 13:05

This is 'Legal matters' not AIBU for those who are piling in with no interest in answering the OP.

Nobody is condoning drink driving.

NeedABumChange · 21/04/2015 13:14

I think you should give the money that you'd spend on legal fees to the ambulance service and a police charity for wasting their time.

Superherosidekick · 21/04/2015 13:25

The Magistrates guidelines are available online. The ban can be up to 16 months as a starting point 12 is the minimum. The fine starting point is £150% of relevant weekly income, so what is left after essential spend.

I am not sure a lawyer is worth it. I don't think it will look worse if you have one simply that the benefit in terms of fine saved will not outweigh the cost given the quite defined bracket the magistrates have to work in.

Look at the guidelines with the aggravating and mitigating factors and address them in what your DH says to the magistrates. I.e. the accident does aggravate but it depends on location, circumstances and time of day etc. how much.

Whether you get a lawyer ultimately depends on how confident your DH is in speaking on his own behalf. Sometimes heartfelt remorse from the horses mouth is better received.

You cant get a barrister directly unless they are a 'direct access' barrister if they are not you have to go through a solicitor anyway.

I hope that helps in practical terms and I hope your DH is genuinely remorseful.

ScotsWhaHae · 21/04/2015 13:31

What a wanker

TribbleNamedDave · 21/04/2015 13:38

Well if you and the family are absolutely dependent on his need to drive to function (shopping, work etc) then you need a solicitor who is able to put this across to the magistrate. Be warned though, you may end up with an absolute horror of a fine for his behaviour.

AuntieDee · 21/04/2015 14:23

One of the other reasons to have legal representation is for them to tell you when to speak and when not to say anything. Tell him to act contrite and not make excuses there really is no mitigation for drink driving and focus on hardship if a ban was given. It has to be genuine hardship though, as in not able to function - not that it will be difficult to get the bus, more that there is no public transport for 2 miles and the road is unlit which isn't safe for children to get to school in winter.