Case Report: Drink Driving, Glasgow Sheriff & JP Court

November 22, 2019News

drunk-in-charge-of-a-vehicle-1200x800.jpg

Case Report: Drink Driving, Glasgow Sheriff & JP Court

November 22, 2019 News

Whether you are guilty of a road traffic offence or not, it is essential that you get specialist legal representation from an expert road traffic lawyer to ensure the best possible outcome and minimise any damage to your driving licence.  A perfect example of this was a client of ours who was charged with drink driving in Glasgow.

We should emphasise before going any further that we don’t condone drink driving in any circumstances but we understand that people make mistakes and that, in such circumstances, it is important an accused person is properly represented to mitigate the circumstances of the case properly and ensure that they receive a penalty which is fair and just.

Our client, Mr C, came to us for a free consultation and for some general guidance from our specialist road traffic lawyer, Robert Sheridan, before attending his scheduled court date. He accepted that he had been drink driving. As he was aware that a conviction for drink driving carried a mandatory disqualification, he was of the opinion that he didn’t need a lawyer and that he would simply need to plead guilty to the speeding allegation also.

Our specialist road traffic lawyer was quick to explain to Mr C why it is just as important, if not more important, to have specialist legal representation if you’re pleading guilty. There are many reasons for this.

Firstly, having a road traffic lawyer represent you lets the Sheriff or Justice of the Peace dealing with your case know that you are treating the charge(s) seriously – which is a good starting point. Secondly, without legal representation an accused person often pleads guilty to charges or parts of charges which they are not guilty of which can make the situation more serious and the penalty harsher than it should have been. Also, the expertise of an expert road traffic lawyer ensures that the court is addressed on the appropriate circumstances of the case and the appropriate caselaw and sentencing guidelines to ensure the best possible outcome. Finally, the prospect of attending court can be daunting and something as simple as knowing when to stand or sit in court or when to speak and what to say can cause high levels of anxiety which can be avoided by instructing a road traffic lawyer.

In the case of Mr C, thankfully, he agreed that it was in his interests to have our road traffic lawyer represent him. He acknowledged that due to the level of the alcohol in his system at the time of driving he could have been looking at a disqualification period which was significantly higher than the mandatory minimum of 12 months and that he could have had his vehicle seized and forfeited. Accordingly, our Mr Sheridan worked with Mr C to fully understand the circumstances of how the drink driving offence came to pass and to learn about his family and background circumstances in order to understand how a period of disqualification would impact on him. This allowed our road traffic lawyer to put together a bespoke and comprehensive plea in mitigation for Mr C.

At the pleading diet, our specialist road traffic lawyer pled guilty on Mr C’s behalf to the drink driving charge. Following lengthy and detailed submissions on Mr C’s behalf he was disqualified from driving for the minimum 12 month period which would be reduced further to 9 months if he completed the drink driving rehab course and was given a modest fine.

Considering the situation Mr C was faced with and the potential penalty that faced him, this was a fantastic outcome for him and it is a perfect of example of the difference that a specialist road traffic lawyer can make even if you’re guilty.

If you have been charged with drink driving or indeed any other road traffic offence then make sure you get the specialist legal advice and representation that makes a difference. Call us now for a free consultation, we’re available 24/7 on 0141 465 3333.


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