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james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 4730
Experience:  Owner at James Bruce Solicitors
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I have received a notice of a criminal charge for drink

Customer Question

i have received a notice of a criminal charge for drink driving today in the post to be at court tomorrow saying to seek legal advise... i did not know this was happening and have only been home an hour and seen it ... how am i able to get legal advise before arriving at court tomorrow at 10am
JA: Where is this? It matters because laws vary by location.
Customer: st albans
JA: What steps have been taken so far?
Customer: none... i remained no comment at the time of arrest too
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: i dont think so
Submitted: 10 days ago.
Category: Law
Expert:  james bruce replied 10 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.

Expert:  james bruce replied 10 days ago.

Can I please ask you to give me some more detailed information regarding this matter so as to allow me to work with you and help resolve your enquiry.

What does the actual charge say?

What is the alcohol level reading in the charge?

Customer: replied 10 days ago.
only thing i was to say is the state of mind i was in then and now are completely different and as much as its not an excuse as the whole world was in a difficult place i suffer with depression and anxiety and tried to end my life a moth or 2 after this offence and i was not caught drunk driving... i was a legal limit.. then my tyre burst and my phone died and i did not know what to do so i sat in the car cried and drunk the bottle of amoretto i had in my luggage ... i was then helped by the officer
Customer: replied 10 days ago.
67
Customer: replied 10 days ago.
offence .... ; drive motor veichle when alcohol level above limit .. WORDING ; on 6/12/2020 at hemel hempstead in the county of hertfordshire drove a motorviechle, namely WHITE TOYOATA YARIS ICON VVT-I INDEX LO16SKE on a road namely st albans road after consuming so much alcohol that the proportion of it in your breath, namely 67 micrograms of all in 100 mil of breath
Customer: replied 10 days ago.
if i loose my licence i will not be able to work collect my child and mt health will spiral out of control and cause me to feel how i did earlier this year and on the lead up to christmas. it is the first offence ive had ever and i never intended to drive after the car was on the side of the road
Customer: replied 10 days ago.
are you still there??
Customer: replied 10 days ago.
i just wanted any advice before going tomorrow at 10am i was told this letter would arrive last friday and hoped to have time to of spoke to a local solicitor but it did not arrive untill today when i was out of the house and arrived home to it at 6.30 pm to say i need to be there tomorrow at 10am this is crazy.. if i drive there and loose my licence then how o i get home?? im so confused
Expert:  james bruce replied 10 days ago.

Thank you for that additional information, that will be helpfull in allowing me to advise you today.

Sorry to hear what has happened.

Unfortunately, with drink driving offences, the courts do not have any discretion on sentencing. The law is strict and there are sentencing guidelines the court must follow.

In you case with a reading of 67 / 100, the sentence of the court will be a fine and a driving ban between 17-22 months.

They calculate this on the chart, so realistically you are looking at an 18 month driving ban. The court could also consider a low community order as the level of alcohol is in that sentence group, but only just, so unlikely.

As it is our first offence, the court should offer you the drive rehab course. If you complete that, it will reduce the driving ban by 25% so would reduce by about four and a half months.

Expert:  james bruce replied 10 days ago.

There will be a duty solicitor at court, and therefore you would be able to speak with them and they can represent you in court tomorrow.

Customer: replied 10 days ago.
ok thank you
Expert:  james bruce replied 10 days ago.

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

The link above shows the guide the court will use for sentencing.

Good luck.

Can I assist or clarify anything further?

Customer: replied 10 days ago.
no all good thank you
Expert:  james bruce replied 10 days ago.

Your welcome, good luck.

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.