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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have just been charged with driving under the influence,

Customer Question

I have just been charged with driving under the influence, my reading was 98, I was very cooperative and I only drove a very short distance approx 1600 meters when I was stopped, I was also asked when I last had a drink or cigarette to which I answered I wasn't sure how long ago it was but roughly maybe a hour but I was not sure for definite, I am also self employed mobile hairdresser, will these factors be taken in to account?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : this will be taken into consideration but a ban in mandatory unless you can advance special reasons.
Alex Watts : shortness of distance is a reason, but given you drove 1600 meters which is 1.6km or around 1 mile that is an issue.
Alex Watts : Shortness is just moving the car round the corner, not driving for a mile.
Alex Watts : sadly you will be diqualified based on what you have said.
Alex Watts : But the points you raise are mitigation
Alex Watts : I am sorry if this is not the answer you want and certainly the one I want to give you, but I have a duty to be honest.
Alex Watts : Can I clarify anything for you about this today please?
JACUSTOMER-f9k15dza- :

Thanks for coming back to me. I think I've got confused over the distance it was literally coming out of a supermarket car park, where I turned right at the car park entrance island, and it was just up from there that I was stopped was no more than 400-600 yards, with regards ***** ***** circumstances, will this be taken in consideration with regards ***** ***** length of the ban and how much the fine will. I have never been in trouble before and have a clean record.

Alex Watts : Yes mitigation will be taken into account.
Alex Watts : even that distance is quite long. I assume you had intended to drive home rather than just pop the car to move it.
Alex Watts : That sadly would mean you can use shortness of distance.
Alex Watts : i am sorry
Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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Customer: replied 2 years ago.

Apologies for the late reply, with regards ***** ***** how do I go about putting a case together, I am due in court on Friday do I have to write to the court before hand or will I have the opportunity to speak in court and raise the points about clean record, cooperation with the police and my job?

Expert:  Ash replied 2 years ago.
You plead guilty and say you can want to argue special reasons.
That hearing will be adjourned to another date where you can present your case.
Your co-operation and record make no difference with a special reasons argument.
Alex
Customer: replied 2 years ago.

I'm a bit confused, you mentioned in your previous email that mitigation will be taken into account, what did you mean by that?

Expert:  Ash replied 2 years ago.
Mitigation for sentence. It is not relevant to shortness of distance.
Alex
Customer: replied 2 years ago.

I only want to say the 3 things that I've mentioned, not anything to do with the distance, will I be given opportunity to speak in court, and I will be using the duty solicitor, what will they do for me?

Thanks Kate

Expert:  Ash replied 2 years ago.
Yes you will. That will all go to mitigation for you.
Alex
Customer: replied 2 years ago.

Thank you for your help

Kate

Expert:  Ash replied 2 years ago.
Happy to help kate.
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex