Drink Driving, Glasgow, 13 January 2017, minimum penalty imposed
Our client made an unfortunate decision to drink while almost four times over the legal limit. She was also charged with careless driving as she allegedly lost control of her car and crashed into a roadside barrier. Drink driving is a serious charge at the best of times. However when a driver is four times the limit and has also lost control of their vehicle and crashed, it becomes very serious indeed.
Obviously our client was massively worried and contacted us.
The first thing we will do in any such case is examine the intoximeter print-out to see if there is any possibility of an error with the machine. If not then we usually advise our client that we will review the full case papers at court and advise accordingly. In a case of alleged drink driving the client will not usually have case papers until they are handed over by a police officer at court, sometimes only a matter of minutes before the case calls. In this case, our client had no idea she was also being prosecuted for careless driving.
We were able to negotiate with the Procurator Fiscal and managed to get the careless driving allegation dropped. Any reference to the accident itself was also excluded from the Crown’s narration of events. We then gave our plea in mitigation on behalf of our client. The outcome was that she was disqualified for the minimum period of 12 months and the court agreed to reduce this by 3 months if she completed a drink-drive rehabilitation scheme. Our client was also fined £500 (maximum is £5000). In all the circumstances this was an exceptionally good outcome.
Minimum disqualification achieved.
The negotiations and plea in mitigation were handled by Steven Farmer on 13 January 2017