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james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 4810
Experience:  Owner at James Bruce Solicitors
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I’m just wondering as I’m in court as I crashed due to drink

Customer Question

Hi I’m just wondering as I’m in court as I crashed due to drink driving my court date is within the same month as the accident is this because it’s more serious ?
JA: Since laws vary from place to place, where is this? And to clarify, can you tell me what paperwork has been filed?
Customer: carlisle Cumbria
JA: Do you need to appear in court?
Customer: yeah on the 28th June
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Submitted: 20 days ago.
Category: Law
Expert:  james bruce replied 20 days ago.

Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

Customer: replied 20 days ago.
Thankyou
Expert:  james bruce replied 20 days ago.

It is not unusual to be in court the same month as a charge is made.

Different areas have different procedures with set time period from charge to first court date.

Expert:  james bruce replied 20 days ago.

Due to the fact that you did have a crash whilst over the legal alcohol limit will aggravate the offence, but would make no difference it the case coming to court sooner.

Customer: replied 20 days ago.
I only blew 40 1 over the legal limit will they take this into consideration and the fact that this is so out of character and have never even spoke to the police let alone being in trouble like this
Expert:  james bruce replied 20 days ago.

If you blew 40, then you are not 1 over the limit but rather 5 over the limit. The legal limit in England is 35.

Customer: replied 20 days ago.
They said if I had blew 39 in the police station then i would be able to leave
Expert:  james bruce replied 20 days ago.

That may be so, but if tyou are change then the sentence is based open the actual legal limit.

I have attached a copy of the chart  the court use for decide if sentence.

https://www.sentencingcouncil.org.uk/offences/magistrates-court/item/excess-alcohol-driveattempt-to-drive-revised-2017/

You will receive a minimum of a 12 month ban, maybe 1-2 months longer because of the alcohol amount and the accident.

You will also be fined, and costs.

If this is your first such offence, you can ask the court to allow you to take the driver rehab course. If you complete the course, it will reduce the ban by 25 %

Customer: replied 20 days ago.
this would also be my first offence and due to the crash I’ve been having horrible nightmares and have been signed of work with it also I’ve been told that they’re able to judge u on ur sence of character ?
Expert:  james bruce replied 20 days ago.

If the alcohol limit is over the legal limit then you are guilty.

Therefore, at court you need to plead guilty to the offence. You receive credit from the court for an early guilty plea. You also gain credit for your previous good character, ie not being in trouble before.

This would reduce any fine imposed and likely keep the ban to the minimum 12 months. It would also ensure they offer you the course to reduce the ban.

Customer: replied 20 days ago.
How do u do an early guilty ple?
Customer: replied 20 days ago.
if I did get 12monthd could I do the course which would reduce that Thurther
Expert:  james bruce replied 20 days ago.

You enter that plea at court when you attend.

Yes the course reduces the ban by 25%

Customer: replied 20 days ago.
Thankyou so much for your help and sorry to bother I’m just really nervous i get way more than 12 months
Expert:  james bruce replied 20 days ago.

Very unlikely, they normally ban pro rata based on the chart I attached.

Expert:  james bruce replied 20 days ago.

Can I assist or clarify anything further?

Expert:  james bruce replied 20 days ago.

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.

Customer: replied 19 days ago.
There is no way I can reduce the sentence to less than 12 moths is there
Expert:  james bruce replied 19 days ago.

Sorry, no there is not.

The court has to follow the sentencing council guidelines.

12 months is the very minimum ban they can impose for the offence.

If you get the 12 months and complete the course then that should reduce it to 9 months.