Mr. I was recommended by his friend to our department. Hojol was available to attend Swindon Magistrates Court at short notice. Mr. I was at risk of a potential custodial sentence and also an approximate disqualification of three years. Mr. I worked within aerospace industry and any custodial sentence and lengthy disqualification would have a devastating impact on his future plans for his business. There were a number of issues in this case, firstly he was unrepresented in interview, made a number of admissions, there was an accident, he left the scene and his alcohol level was at the top end of the sentencing guidelines the Magistrates follow. There was no way that the case could be defended based on the circumstances of the above, and in particular the admissions in interview. It was evident that Mr. I was over the legal limit at the time of driving but how far over, would need to be challenged.

It was clear from the Police case, that Mr. I had informed the Police that he had consumed alcohol post driving and before he undertook the breath test. The Police should have undertaken an assessment of this but failed to do so. In addition, there were a number of inconsistencies in the times provided by the Police. Hojol, sought to take advantage of these particular points and then consider negotiating with the Crown to a lower reading to take Mr. I out of custodial threshold and also minimise the length of the ban.

The Court date arrived and Hojol had a detailed discussion with the prosecutor and explained the position. It was made clear to the prosecutor that there were a number of failing from the Crown and therefore the could be defended. However, there would be scope on a guilty plea to a lower reading. It should be noted that Mr. I instructed to reduce the reading and not pursue the case to trial. Hojol was able to have the reading reduced on the charge and also limit the facts outlined to not make reference to the accident and other elements of the case which placed Mr. I in a far worse position.

The case proceeded before the Court, the prosecution limited the facts and Mr. I pleaded guilty. All in all Mr. I received a nominal fine and a 17-month disqualification.

Mr. I was happy with the outcome and was glad the case didn’t have to go to subsequent dates as he was due to leave the UK for a number of months.

It should be noted that cases, where someone has consumed alcohol post driving, doesn’t always result in a not guilty plea. It could be that you are over at the time of driving but, we are seeking to reduce the length of disqualification or avoid prison.

JMW Solicitors Motoring Department are one of the leading experts in motoring offences in England and Wales and should you require advice please do not hesitate to contact us.