I’m going to court in the morning charged with drink driving. Before you judge me, please read on?

Question

I had been out with my younger sister and her mates. My ex turned up. When it was time to leave he got v.angry cos I said that he couldn’t stay at mine. As we were about to leave, we saw him come back down the road with a metal pole. My first instinct was to get in the car and get away. I had only just pulled away from the curb when he arrived. I got out and tried to reason with him but he smashed the car window with the pole. He has been charged with ABH (he broke my finger) 2xassault (my sis and her mate) Criminal damage (car window) and being abusive to a police officer. I explained to the police what happened. I was breathalysed and was over the limit. Now I have to appear in court tomorrow and my legal aid application has been denied. I just haven’t got the money to pay a solicitor, so I'm going to have to represent myself. I’ve been reading that I may be able to get off if I can prove that it was a necessity to drive, but how do I plead? Any other advice would be welcome. Thanks.

I would like to add that I had no intention of driving the car that night, I was going to pick it up the following day. Also, I didn't stop the car by choice, he stood in front of it so I had to stop or run him over. I know that there is no excuse for drink drinking, I have never done it before, but I really was scared for mine, my sister's and my friends safety. The police that have dealt with the case have apologised to me for it getting this far, but there is nothing they can do. I have never been in any sort of trouble with the police before, and have never even stepped foot insode a court. I really do need proffesional legal advice.

Answer 1

The defence of Duress can be used as a defence to drink driving. This can be, for example, where a person drives a car while drunk due to threats of death or serious physical injury. Once a defendant charged with drink driving raises this as a defence, it is up to the prosecution to disprove it. There must be good cause to fear death or serious injury. This will only succeed as a defence to drink driving if the threat is immediate or imminent. When the threat is removed or becomes ineffective, the driver must stop driving the motor vehicle. It is only if the driving continues after the threat has ceased, he is guilty of drink driving.

I would not however, suggest that you argue this defence yourself. It is terribly complicated. My advice is to ask for an adjournment in order to appeal the denial of legal aid. You will also have to show that you would, if legal aid were granted, have a reasonable defence, which you would seem to do.

Before you go to court, write a chronology of the nights events, together with a witness statement (your version of events). Serve these on the prosecution and the judge before you go into court and ask for an adjourment.

You may also be able to speak to the duty solicitor at the magistrates court (for free).

DO NOT plead guilty. A magistrate has no discretion if you do. If it is your first offence you will be banned for 2 years and fined. you will also be liable for the prosecutions costs. There is also a possibility of community punishment order.

If your application for an adjourment is not sucessful, it is still for the prosecution to prove your guilt. Just tell the court what happened and plead duress (not necessity). If you are a litigant in person the judge should help you all he can.

Answer 2

Unrepresented defendants should ask advice from the Clerk of the Court (who is a qualified solicitor or barrister) before making their plea. Tell the Usher, when you book in, that you will need to talk to the Clerk before you plead.

From what you have said, I'd suggest a guilty plea, but you can state your own case as mitigating factors. It will probably not prevent a conviction, but the magistrates will consider the circumstances that led you to drive over the limit and may give a lenient sentence.

However, there is a gaping hole in your defence. Why was your car parked near where you were drinking? If this locale was a pub, club, or restaurant, it could be construed that you had intended to drive home, whether or not the incident described happened.

Answer 3

I'm no legal expert and have no qualifications that support me giving such advice, however, I do work in a law enforcement related job with experience of how the law works and how the court will view and interpret what you say.
It seems to be your best defence to state that you had no confidence that any other course of action would have guaranteed your safety - that is to say you felt you could not have out run the assailant, you believe that you would have been easily overpowered had you confronted him and he appeared to be in a mindset that could not have been reasoned with - in so many words you couldn't have 'talked him around'. Go over any other courses of action that you could have possibly taken (as these will probably be put to you by the prosecution in court) and find arguments to show that they were not reasonable courses of action in those circumstances. It is also ESSENTIAL that you state first of all that you were in fear of IMMEDIATE and LIFE THREATENING danger (otherwise the defence I just explained is irrelevant).

The bottom line is this - your argument has to be that firstly: you had to act to ensure your safety, and secondly: driving away was the only action that did guarantee your safety. Hopefully the court should understand that you had no other option. Also make it abundandtly clear that your intention was to drive no further than was necessary to remove yourself from danger - this is also critical to your defense.

One final point - understand that as you were involved in a road traffic collision, the police were obliged to breath test you and report you for being over the prescribed limit - as unfair as it seems! They, like you, had no choice in the matter - don't hold it against them!

Good luck

Answer 4

Stephen O'Neil's answer is very good - however, here are a few points of clarification. Duress - follow the advice given in the previous answer.
Do seek the advice of the duty solicitor in court (presume magistrates' court) - he/she will be able to offer advice even if they cannot represent you in court; this is free.

An added advantage of an adjournement (even if your appeal for legal aid fails), is that your ex's case may progress through the legal system, allowing you to prove the extent of the threat by reference to any sentence he gets when/if convicted.

Do ask the court usher to point you in the direction of the duty solicitor and to let the court legal adviser (clerk) know of your intentions as soon as possible.

DO NOT plead guilty. Magistrates have no discretion for this offence if you do - there is a principle known as "Strict Liability" with regards to all driving offences. You can offer 'no plea' until you have sought further legal advice.

Clarification here: Any sentence depends upon the reading (in breath, blood or urine) reported to the court. As you haven't said what it was I can't be specific. However the MINIMUM setence is a 12 month disqualification and a level B fine (roughly equivalent to one week's income). For higher readings, longer bans AND higher fines or even Community Sentences are likely. For very high readings even Custody can be considered for a first offence. If this is not your first offence then it will be a 3 year ban and a higher probability of Community Penalty/Custody depending on the reading.

The legal adviser in the magistrates' court and the chairman of the bench will help you with any procedural difficulties in court and will be experienced in assisting unrepresented defendants to present their case fully.

Just one further piece of advice. If all this fails and you find that the case is dealt with, the magistrates will probably offer a rehabilitation course to reduce any ban. Accept the offer. You do not have to take up the course at a later date (it is optional) but if you say no in court, then you cannot change your mind later.

Good Luck

Answer 5

Having helped people with driving violations before, I can tell you that your best recourse is to plead guilty, explain the situation, tell the judge you know it's wrong to drive drunk and that you take full responsibility for it, but get the point across that you were scared and simply didn't know what else to do because you were trying to get away. After you explain, ask the judge for leniency based on the circumstances (and if you have an otherwise good driving record, mention that too). Judges are much more likely to cut you a break if you stand up like an adult and take responsibility for your actions. If you give the impression that you have an axe to grind, or if you act like it was no big deal, or if you come off as if you're special the judge is going to HAMMER you. Let the judge know that you DO take this seriously and that you ARE aware that you technically broke the law and that you UNDERSTAND that you may have put innocent bystanders at risk. Be respectful and stick to the facts as much as possible. If you have an otherwise good driving record, the chances of getting the charges dismissed are EXCELLENT.

Answer 6

With the terms solicitor and mates I assume you are from the U.K. not the U.S.,so I'm not 100% in your country but in the U.S. admit guilt without a plea.It would also be in your favor if you could have the cop testify that you were in danger.Whatever you do though do not say you are not guilty,then the judge will not believe anything you are saying.Depending on your B.A.C.,you could say how you drink rarely,are totally against driving under the influence,are very sorry and remorse full,thank god that no one was injured from the result of your driving,and apologize to the cop for the actions of your ex-boyfriend.I sincerely wish you good luck.

Answer 7

am sorry to say but you waz drinkin plus you were out with your car...and even if u did *** across your ex what ever happened both cases are guna be dealt with separately meanin he is guna get charged with assault and damage...
and you are guna get done for drinkin and driving if you were over the legal limit den a dont think the police are guna leave that the best thing you can do is plead guilty...and they will take it from there cause if you plead not guilty den your lukin for a long ride in court...anyway good luk!

Answer 8

Plead guilty. Tell the magistrates exactly what happened. Refer them to the pending criminal charges against your ex. They do have discretion. But you can't plead not guilty because you WERE over the limit. Not having a solicitor is no handicap - it's probably an advantage. Just be honest and let them judge you - they are your peers and that is their job.

Answer 9

How were you planning to get home if not driving? Were you going to leave your car outside the pub all night? Sorry, but these questions have to be addressed! If the court do not provide you with the duty solicitor, you'll have to do your best, and tell it like it is!

Answer 10

if you really thought your case worthwhile you would of got a solicitor no matter what the cost other wist id say a fine and maybe you will loose your licence but YOU NEVER EVER DRINK AND DRIVE and if you cannot get that into your thick scull GOD help you