You must attend personally. This is where legal advice from a qualified drink-driving solicitor becomes invaluable. If you plead not guilty the court will fix your case for a trial. The charge sheet gives you five pieces of vital information: Now that you know the charge you can find out what will happen if you plead guilty or if you get found guilty after a trial. In most cases the prosecutor will ask for costs of at least £620. @stephenoldhamuk mail@stephenoldham.com 0330 111 6074, Without Stephen’s support and guidance my son would have 6 points on his provisional license. He was exemplary. The letter includes factors that the defendant wants the judge or magistrates to take into account when they decide the sentence. Which prosecution witnesses you do not agree – they will be called to give evidence in person at trial. Yes, and there isn't much you can say in mitigation really that will make any difference. Would certainly recommend. If you are convicted, the Court has to impose a ban, regardless of the circumstances. solicitor with a wide experience representing drivers in the police station, Magistrates’ Courts and the Crown Court. As an MD of 3 Businesses my driving licence… Read more “Stephen helped me retain my licence”, I had the pleasure of talking to Stephen over the phone on a case of Drink & Driving I have… Read more “Very Honest And Professional Advice”, Stephen gave prompt, excellent advice regarding my son’s vehicle over loading charge, Stephen’s service was excellent, from the first contact and throughout the procedure his professionalism and communication was first class and… Read more “Excellent Service”, I greatly valued the friendly advice received and Stephen being readily available at various times of day to suit myself.… Read more “Friendly advice”, Provided an excellent service from first contact to conclusion of the case. Begin the letter with a confession and an apology. The driving ban will not be reduced. You can ask for the drink drive course which you have to pay for yourself but it will reduce the length of your ban to 9 months if you do it in good time. The aim is to explain your personal circumstances and provide an explanation for committing the offence. If you don't know the judge's name, substitute the name of the court. First-time offenders can explain that they have never been so reckless before and did not realise until now just how dangerous their actions were. You laid out the facts and presented the points that… Read more “Realistic and honest”, I highly recommend Stephen Oldham Solicitors. If we cannot find a way to keep your licence, we will mitigate on your behalf to reduce the level of disqualification and, if appropriate, avoid a prison sentence. Any dates to avoid for the trial hearing. Stage 5 – “Not guilty” – prepare your defence, Stage 6 – “Guilty” – prepare your mitigation, 10% of the fine (minimum £30, maximum £170), £115 for a suspended sentence or a custodial sentence, Evidence of unacceptable standard of driving, High level of traffic or pedestrians in the vicinity, No previous convictions or no relevant/recent convictions, Serious medical condition requiring urgent, intensive or long term treatment, Age and/or lack of maturity where it affects the responsibility of the offender, Sole or primary carer for dependent relatives, I wasn’t driving (or attempting to drive), I wasn’t over the alcohol limit when I was driving, The police didn’t follow the correct procedure, The breath, blood or urine result is unreliable. Letters of apology written by offenders to victims or the court. Jason Kraft, spokesperson for Toronto police's traffic services, said the number is "disappointing," given that provincial restrictions were in place for much of 2020 and residents were urged to stay home and travel for essential reasons only due to the pandemic. Lucinda Dore has over 19 years of expert Drink and Driving Solicitor experience representing people facing Drink & Drug Driving charges in courts and police stations her reputation and unremarkable success take her all around the country . (The discount doesn’t apply to the driving disqualification. Repeat offenders should confess that they have been guilty of driving drunk in the past. Remember that genuine remorse is your best point – don’t forget to say that you are sorry. Begin the letter with a confession and an apology. Great… Read more “John Daly”. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. The police have to follow strict procedures when they deal with suspects for drink driving. If you are doing your own plea in mitigation it is a good idea to plan what you are going to say. Now you need to know if you are going to plead guilty. Private drives and private roads are not covered by drink driving laws. Checked a lot… Read more “John Senior”. Higher readings lead to longer bans – see the guidelines. Skip two lines. 0151 422 8020 Save your licence. He was honest in his opinion towards both sides of the… Read more “Stephen was very helpful and understanding”, I am a retired magistrate 15 years on the bench. A letter of mitigation, particularly if it is prepared for you, will be more relevant and powerful. Often, however, the police investigate abandoned vehicles and report it to the local authority, which will then remove the vehicle under separate powers. You need to be prepared. I have no… Read more “Kept me out of prison”, Excellent, really knowledgable and capable. Nicole Thelin has more than a decade of professional writing experience. Close the letter with "Sincerely," and your signature. Very knowledgeable , instant response! Call for a free consultation. If you don't know the judge's name, substitute it with the name of the court. Claim: A study conducted by the Centers for Disease Control and Prevention (CDC) found that an \u201coverwhelming majority\u201d of individuals who contracted coronavirus had worn a mask or fac… Stress free experience would… Read more “Would definitely recommend”, I had a 35mph ticket 10%+2 and up for 12 points Stephen was very re-assuring and told me the steps… Read more “As good as it gets”, I would recommend Stephen as a specialist motoring solicitor to anyone who has been accused of a driving offence. Get help. This post talks about drink driving. Courts are stressful, and we… Read more “I would recommend Stephen unreservedly”, I left a message with Stephen’s office and he called back within five minutes. We found him to be very personable and engaging;… Read more “Magretta Clarke”, Excellent service. Ultimately, one in three people will be involved in an alcohol-related crash in their lifetime. Skip two lines. Drink Driving; Failing to Provide a Specimen; Failing to Stop or Report an Accident; Agency; Fees; Blog. They probably will give you that. The strain from the U.K., known as B.1.1.7, and a strain from South Africa, known as B.1.351 — which has not yet been detected in the U.S., but is leading to surges in the U.K. — have been cause for concern among health experts this week. Begin the letter with a confession and an apology. Apologize both to the court and to society as a whole. I… Read more “I would recommend Stephen as a specialist motoring solicitor”, I have no hesitation whatsoever in recommending Stephen Oldham who has clearly demonstrated his expertise in motoring law generally and… Read more “Expertise in motoring law”, I contacted Stephen Oldham when I was charged with speeding two times by the police. Samples of blood and urine should be kept in a particular way. But public car parks in locations like hotels and supermarkets are. Achieve Solutions is a dynamic online resource with information, tools and other resources on more than 200 topics, including depression, stress, anxiety, alcohol, marriage, grief and loss, child/elder care, work/life balance. The options… Read more “Kept me on the road and ultimately saved my job”, My husband and I drive the same regular route two or three times a week. No, I am from HK. And have you consulted a local attorney? Drink & Drug Driving – Fixed Fee Nationwide Representation from £300. When the coronavirus pandemic first started, John Costa, president of the Amalgamated Transit Union, lost sleep wondering if the bus drivers that his union represents should be pulled off the job to avoid getting sick. ), £60 Victim surcharge, no points and no disqualification. Courts work out the sentence, driving ban and victim surcharge by using guidelines. Judges are free to consider almost any circumstance that justifies a lesser punishment, from lack of a prior criminal record to a recent bereavement that put you under emotional stress. This is not the type of defence not to embark on without some thought. Open the letter with "Dear [insert name of addressee]:" Ideally, the judge's name should be included here. Immediately after a not guilty plea the court will conduct a case management hearing. Employers looking for information about the current status of reopening and/or mitigation orders in various states should consult this updated article: Bouncing Back (and Forth): Statewide Reopening and Mitigation Steps. Some common examples of possible fatal flaws in procedure are: The law makes an assumption that breathalyser machines are working . Apologise both to the court and to society as a whole. Immediately after a guilty plea to drink driving the court will conduct a sentencing hearing. A drunk driver is committing a crime, whatever they are driving, said Petrina. The number of offences will dramatically affect the tone of the letter. Quickly moved into action… Read more “Quickly moved into action”, I had never been to court before, another lawyer recommended Stephen Oldham to me. Driving During Coronavirus Restrictions: Changes to Road Traffic Law. Toronto police say they arrested 1,107 people for allegedly driving while impaired due to drugs or alcohol last year. Writing a character reference for Court for someone charged with drink driving is different from writing a … There are complex rules about disclosure of evidence. Ultimately, one in three people will be involved in an alcohol-related crash in their lifetime. You should only plead not guilty if you have a viable defence to the charge. In the last stage you worked out the most likely sentence if you plead guilty or if a court finds you guilty. Guilty plea representation - minimise your penalty Whilst many motoring offence cases can be defended, there are often occasions when the best advice is to look to minimise any penalty as far as possible by entering a guilty plea and putting forward mitigation. As drink drive solicitors , we often find ourselves sitting in court listening to mitigation from defendants who decide to represent themselves, or even solicitors on behalf of a client. If you are not sure then a lawyer can help. It wasn’t a clear cut… Read more “Perfect Result”, I cannot speak highly enough about Stephen’s services. Research the 2020 Acura TLX with our expert reviews and ratings. Be sincere! A popular excuse for drink-driving was emergencies, such as taking a pregnant woman to … Exploring the alternatives 2. He is available for his clients day or… Read more “Becky Bolt”, 5 stars. He can do the impossible. After hearing the mitigation they reduce the fine to 50% of weekly income and a 12-month ban. A criminal conviction for drink driving will be disclosable for a period of time stated by The Rehabilitation of Offenders Act 1974, the length of time before the conviction will become ' spent ' under the ROA 1974 will usually be 5 years (the rehabilitation period for driving endorsements) unless a prison sentence of more than 30 months is imposed. He was worth every penny spent. Stephen Oldham Solicitors is authorised and regulated by the Solicitors Regulation Authority | Registration number 659299, © 2021 All Rights Reserved | Privacy Policy | Site Design & Development by Scribbletribe. Or, it may be that the person who committed the act feels it's important to do, as a way of showing their remorse and regret. Promise that you will never drive drunk again. The City of Hamilton’s drinking water consistently meets all … The issues for the trial (or why you say that you are not guilty). The Department of Health confirmed 51 further deaths and 2,608 new cases of Covid-19 this evening You should clearly state this in the character reference as you will see in the templates below. Or, you might say that witness are mistaken or they are making assumptions from what they have seen or heard. Ask for help from the court also. The Court need to know that you have been told what the person did. The number of offences will dramatically affect the tone of the letter. I couldn’t be happier with his… Read more “Alan Wood”, Initially I was going to represent myself after speaking with other solicitors feeding me lies and giving me false promise.… Read more “Straight away he was honest from the first phone call”, Stephen was very helpful and understanding towards my case. While writing a letter to the court may soften the consequences for the offender, it does not lessen the seriousness of the offence. The police make a record of the breathalyser procedure in drink driving cases on a form called MGDDA.. At Chesterfield Magistrates’ Court this week, Robin Handley was pleasantly surprised to discover that he would not have to attend court on a separate occasion. Yourself and potentially others from driving drunk in the future that may lessen the penalty for drink driving course! Resulted in an accident ; Agency ; Fees ; Blog time after you drove but the. 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