|"I had to drive, an elephant was attacking me outside the pub."|
Wednesday, 25 May 2016
Monday, 2 May 2016
|City of London Magistrates' Court|
In a recent case,Nick Diable of London Drink Driving Solicitor, defended Mr S, who was accused of drink driving at the magistrates' court. Mr S made it clear that he would be pleading guilty and would like some help reducing the length of the disqualification.
To his credit, Mr S had only driven a very short distance because he had quickly realised that his actions were a danger to others so had already ceased driving by the time the police followed him around the corner to stop him. Nick was able to convince the court that as this offence was committed in the early hours there was nobody else about and so even though S jumped the red light there had been very little danger to other road users before S decided to stop driving.
S was genuinely ashamed of his actions and remorseful that he could have put other people in danger, even though he did not actually do so.
After telling the court about the offence and S's attitude toward it, Nick told the court that they should reduced the driving ban to reflect both the mitigation and S's guilty plea. This can be a difficult argument as many lawyers, judges and magistrates take the view that the driving ban is an ancillary order and not part of the sentence. This means that it cannot be reduced to reflect a guilty plea and mitigating the length of the ban is much harder.
As a result, S was fined and disqualified from driving for 12 months. He was allowed to take the drink driving rehabilitation course, which will further reduce his driving ban to 9 months instead of the starting point of up to 22 months.