Chesterfield solicitor mitigates in drink drive case

With Christmas fast approaching the yearly anti-drink driving campaigns will soon be splashed across TV, Radio and Social Media. You can find more information about that here, but we simply repeat the advice relating to drink drive:

the easiest way to avoid problems is not to take any alcohol before you drive
be very careful the next morning and consider public transport if you have been drinking the night before.

We know, despite people being aware of the advice. people still make mistakes. In most cases this involves a momentary lapse in judgement from a person who has never been in trouble with the police before. A conviction for drink driving can have a serious impact on an individual and have a very real effect on their life.

We will try our best to minimise this impact where possible. This might be by fighting the allegation at trial or putting forward effective mitigation on sentence.

Chesterfield Criminal Solicitor David Gittins is regularly before Chesterfield Magistrates Court representing his clients in such cases. He was recently instructed by a client who had been involved in an accident whilst drink driving. As a result he faced a custodial sentence. Due to David’s assistance his client was able to avoid a prison sentence.

The Allegation

David’s client had been charged with drink driving following a road traffic incident. She had driven into the rear of a vehicle before driving off. She was followed home by a member of the public who had realised she was drunk. As a result the police were called.

David’s client had very little recollection of the incident. In police interview she accepted the evidence and because of this made admissions in interview.

She was found to have been just below three times the legal limit to drive. Being aware of the position she had placed herself in, she chose to instruct David before here first court appearance. As a result, David was able to give early advice and prepare the case in time for the hearing. Part of that advice was to remind his client that there would be credit for an early guilty plea. This is a reduction in the final sentence imposed.

Our client was a mother holding down two jobs to provide for her family. As a result, she was understandably upset about the risk of a prison sentence.

The Sentence

Following his client’s guilty plea to drink driving, David mitigated on her behalf. He was able to focus on the positive elements of his client’s character and future. Although an immediate prison sentence was a possibility, David argued that these positive aspects of mitigation meant that she could retain her liberty.

David’s client was received a Suspended Sentence Order for this drink drive offence because of this mitigation. This meant that provided she adhered to a curfew and undertook unpaid work in the community she would not be sent to prison. She also received the mandatory disqualification from driving.

Free legal aid in the Magistrates’ Court for this drink drive case

Due to the serious nature of this case and the real risk of prison and therefore loss of livelihood, free Magistrates’ Court legal aid was available. for the Defendant meaning all of David’s representation was free of charge.

Instruct a Chesterfield Motoring Law expert

Whether you face a police investigation for a road traffic offence or have court proceedings pending you will wish to instruct an expert motoring law solicitor. Please contact David at our Chesterfield office on 01246 283000.

Alternatively, you can contact a solicitor at one of out other five offices across the East Midlands or use the contact form below.