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No its my 21 year old niece and I have been accepted by the Magistrates Court as her McKenzie Friend (her mum collapsed in front of her last October and died from a brain haemorrhage - leaving 4 kids and she's now in charge as dad is useless). We got the CPS papers but these were typed summaries and the case has been adjourned until 3rd March for us to get papers and full legal advice. Her car is an important element of her job and her sanctuary away from home so I'm doing my best for her.
Any ideas would be gratefuly appreciated. Thank you
I note your comments regarding McKenzie Friend.
I do not know what I expect this evidence to show but it has been suggested to me that I should obtain everything I can before getting legal advice.
So my question is - what - out of the information I have requested - is she legally entitled to?
Can you please confirm what CAD and ROTI stand for. Thank you.
I note your comments regarding disclosure if a defence statament is served. In view of the charge - what sort of defence statement could be put forward?
I note your comments regarding disclosure if a defence statement is served. In view of the charge - what sort of defence statement could be put forward?
I'm not sure that she can put forward a defence.
She's about 5' 4" - weighs about 9 stone - hadn't eaten that day (nor possibly the day before - eatings been up the creek since mum died)
She finished work at about 7pm and went to the pub. Her & 2 others bought a 75cl bottle of Rose to share - she had 2 glasses with lemonade (the bottle wasn't finished) and then drove home.
She had been travelling for about an hour when - as she was overtaking a vehicle on the Motorway - the January heavy winds caught her and she was sucked (her words) into the central barrier - she held control but clipped the vehicle she was overtaking in the process. She could see no safe place to stop so continued to a petrol station. The TP thought she wasn't going to stop so called the Police. 9.40pm - She stopped at the petrol station and exchanged details with the TP. Police arrived & she failed the roadside breathalyser test. She was taken to the Police station where she gave a reading of 80 (which she was amazed by after only 2 glasses of wine).
These are the facts surrounding the matter but is this a defence - considering she did fail the breathalyser so was over the limit.
Sorry for confusing things - that is my point - I can't see that she can plead not guilty - in the circumstances.
Therefore presumably no DS can be served which if I've understood you correctly - is the only way she would be able to possibly obtain further documents/information from the Police - other than the Custody record and Taped Interview.
To sum up - my understanding is - she can only request further Disclosure if she pleads not guilty.
It would seem she will have to plead guilty - but can these facts be put forward as mitigating circumstances?
Will they be of any help?
Or will they just wind the Court up?
She may lose her job over this as driving is an important element of her role - so may face extreme hardship. Obviously I'm also concerned for her mental well being as I know she uses her car to escape from the stresses of home life that have now been placed upon her since her mum died.
Thanks for your reply.
I wasn't sure if anything was missing from your reply as there is an 'I' at the end after 'sentences' but nothing more.
Could you just confirm - would her mental well being also be considered as a mitigating feature to be taken into consideration by the courts when imposing their sentence (Ban).