How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask UK Solicitor John Your Own Question
UK Solicitor John
UK Solicitor John, Solicitor
Category: Law
Satisfied Customers: 1031
Experience:  8 years legal experience
Type Your Law Question Here...
UK Solicitor John is online now

2years ago I was in Spain working went for me a drink drove

This answer was rated:

Hi 2years ago I was in Spain working went for me a drink drove the next day and crashed a car on my own no one else involved and was over the legal limit . Now I have a someone’s to go to court in Spain in January. Can you pls advise?
Assistant: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: I live in the uk , haven’t spoken to a lawyer as I have no funds.
Assistant: What steps have you taken so far?
Customer: None I have been silly really and work has kept it off my mind
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: I have paper work that was sent to me last year but ignored it.

Hello welcome to Just Answer.

Please note this is not a chat service so there may be delays in responding.

Please confirm what you would like to know about this please?

Customer: replied 7 months ago.
I have to appear in court on the 8th jan ....and wanted to know the likely out come as I don’t have the funds to take an uk lawyer with me , I’m sure they will apoint one but would I likely go to prison.

What are the charges for , were you breathalysed at the scene ? Is it for property damage? Did you cause injury or death to anyone?

Customer: replied 7 months ago.
What would be the outcome if I don’t go and let them decide my sentence?

It depends what the actual charges are for and what has happened. If it is a civil matter then prison time is unlikely and you are most likely to get fined, if it is a criminal charge and you have caused harm it may be a bit more serious.

Customer: replied 7 months ago.
I’m not at home to veiw the paper’s but I’m sure it said criminal, no one was involved in my accident but I did knock dow a lamppost, I didn’t attend the first court hearing so would that make it a criminal charge ?

No, knocking down a lamppost is not criminal. That would be a civil matter. But drink driving would be classed as criminal as that is breaking the law. In any event from what you have stated, prison time is unlikely and you are more likely to be asked to pay compensation and fined.

Customer: replied 7 months ago.
Should I tend the Court is Spain in January I’d rather not but would if I had to , I know I’ll have to pay damages and a fine.

If you are disputing anything it is important to attend court so you may plead your case. If you are accepting all charges then there isn’t a need for you to attend but you must inform the court of this and not ignore it. If they advise it is mandatory for you to attend then you should.

Customer: replied 7 months ago.
I think I’m sure they want me to attend that’s why I’m thinking of prison sentence, I’ll read the summons again , any other advise you can advise me on the matter ?

Attendance does not necessarily mean prison. There are a lot of factors when sentencing and if you were likely to go to prison, you would not be having the choice to attend court and ignoring papers. You would be held. So I think prison is unlikely, based on what you have stated. If we look at the same offence in this country, then that is not a prison sentence, you would most likely be asked to pay damages, fined, and have your licence endorsed and possibly banned, ignoring this may mean CCJ being awarded against you. So I presume it will be a similar scenario. But without seeing the papers it is difficult to say anything further about this, but as stated, do not ignore the court, and always be accessible. Regards, John.

Hi please confirm if you have any further questions, and kindly provide a rating. Many thanks, John.

UK Solicitor John and 2 other Law Specialists are ready to help you