Magistrates Court

A guide to appearing at magistrates court for drink driving offences

Have you have been charged with a drink driving related offence and been bailed to appear at a magistrates court?

If so, you are probably like a lot of people charged with a drink driving related offence and it will more than likely be your first appearance at a criminal court. It can be quite a nerve wracking experience!

You will no doubt have a million and one questions racing through your mind. What will happen? What sentence will you get? Do you need a solicitor? What will happen on the day? How long will it take? Do you need to appear in person? Will you have to speak in court? Will your offence appear in the newspapers? Well to try and put your mind at ease a little, we have compiled this guide to answer some of the questions you may have.

First of all, a common question a lot of people have is do they need to attend court in person? The answer is yes you do have to appear at court in person. You are being charged with a criminal offence, not a motoring offence. Failure to do so may see a warrant issued for your arrest and further charges being brought against you. You should ensure that you know exactly where the magistrates court is and how to get there. The last thing you want to do is turn up late.

Should you Hire a solicitor?

We always recommend you seek expert legal advice. Consulting with an experienced motoring solicitor will be beneficial even if you ultimately decide not to hire/instruct a solicitor to act on your behalf and represent you in a court of law. Criminal law is very technical and a criminal defence motoring solicitor will be able to examine all evidence and case notes to ensure correct procedure has been followed at all times.

Consulting with a solicitor should be done well in advance of the date of your court case, so that both you and your solicitor can be as well prepared as possible. Our drink driving solicitors directory lists law firms throughout England, Ireland, Scotland and Wales that deal with drink driving cases. You can also get FREE legal advice from a solicitor via our forum.

Legal Aid

You may be entitled to legal aid which can cover the whole cost or part of the cost of hiring a solicitor. In order to be granted legal aid, you will need to be financially eligible and pass a financial means test. In addition to the financial means test there is also a test of merit that is applied to your specific case and circumstances. A legal aid solicitor will advise you if your particular case will pass the merit test. If you are eligible a legal aid solicitor can make an application on your behalf.

Hiring a solicitor if you intend to plead guilty

Solicitors are not only hired by defendants who plead 'not guilty'. They are also hired and are very useful to defendants pleading 'guilty'. They have spent many years training and studying the law. They usually have many years of practicing the law behind them too. They know the criminal justice system and the magistrate court procedures inside and out. At the very least your solicitor will be able to put forward a plea of mitigation on your behalf.

Plea of mitigation

A plea of mitigation is basically a plea to the court for a lenient sentence based on various factors such as genuine remorse, no previous criminal convictions, a clean driving licence and any inadvertent circumstances which may have lead to the alleged offence. A well constructed plea of mitigation can really make a difference to what sentence a person receives and the period of disqualification imposed.

Of course, you could always put forward a plea of mitigation yourself without hiring a solicitor, however most people will not be confident in doing so and what a person thinks will help them may actually be seen as an aggravating factor by the magistrates. Another option which may not be so effective is to write a letter to the judge pleading leniency.

Duty Solicitor

If you decide not to seek legal consultation and/or representation from a solicitor either on a private fee paying basis or via a legal aid franchise, almost all courts have a duty solicitor available on the day of your court case.

A duty solicitor is able to offer free legal advice and representation to people on their first appearance at court for a particular offence only, regardless of their financial circumstances. Duty solicitors are only under obligation to provide legal assistance to people facing a possible prison sentence. This means anyone charged with an alcohol related driving offence that does not carry a possible prison sentence may not be able to use the services of the duty solicitor.

In any event, the time a duty solicitor can spend dealing with your case may be limited and will be determined by their workload for the day. Duty solicitors are unable to assist anyone appearing at court for a trial. While the duty solicitor scheme is a great service for those that cannot afford to hire/instruct their own solicitor and those that don't qualify for legal aid, it is a basic service only.

The day of your court case

The day you must appear at the magistrates court will eventually arrive. You should always dress smartly when you appear at a magistrates court. This will show that you respect the magistrates and that you are taking the matter seriously. You should dress like you would if you were going for an interview for an important job. Take all paper work with you and your driving licence.

Arrive on time and confirm your arrival

Make sure that you arrive in plenty of time, 15 to 20 minutes before the time stated on your paperwork will be sufficient, unless your solicitor has asked you to go early for a brief meeting before your court case. When you arrive at the magistrates court you will need to report to the courts reception and/or the court usher. The court usher will be wearing a black robe and will more than likely be carrying a clipboard with all the names of the people appearing in court on that day. There should also be a notice board with a list of people appearing in court on that day and which courtroom they will be appearing in.

Wait for your court case to be heard

After you have confirmed your arrival with the courts, you will advised on where to wait. It is then a matter of waiting until you are called by the usher into the courtroom in order to have your case heard. It is a good idea not to venture too far away from this area as you can be called into court at any time. If you smoke, you will have to go outside for a cigarette as all court buildings are non smoking. You should always time going outside to coincide with when someone has just been called into the courtroom you are due to appear in. This should give you at least five minutes or so without the worry of your name being called. Magistrates do not take kindly to defendants who are not available when called. All courts will have WC facilities and most will have refreshments available to purchase.

It is impossible to say how long you will have to wait. You could be the first to be called into the courtroom or the last. Once the days court proceedings have begun, your solicitor (if you have one) may be able to give you an idea of when your case is likely to be heard.

Lunch break if case not heard beforehand

The court will usually break at 1pm for lunch for about an hour. If your case has not been heard before this, you will be permitted to leave the court and will be told a time at which you will be expected to return.

Entering the courtroom

Eventually your name will be called out by the usher and you will be escorted into the courtroom in order for your case to be heard. In the courtroom itself there will usually be three magistrates (sometimes only two) sitting at the front on a raised platform. In front of the magistrates will be the court clerk (legal advisor). Their job is to advise the magistrates on all aspects and technicalities of the law, they are not involved in deciding the outcome of any case, only to advise the magistrates on what the law states. All other people will be sat facing the magistrates and the court clerk. There will also be a section of the court which seats the general public including anyone who may have accompanied you to court, and usually the press. The press usually consist of one or two reporter's from the local newspapers, it is likely your case will appear in the newspaper.

Confirm name & address and enter your plea

Once you have been ushered into the court and you have taken your place standing before the magistrates, the court proceedings will commence. You will be asked to confirm your name and address by the court clerk before any charge(s) against you are read out. You will then be asked if you plead guilty or not guilty. If you enter a plea of 'not guilty' to any of the charges against you then the court case will be adjourned until a later date. If you are facing multiple charges then any charge(s) to which you have pleaded guilty too will be dealt with once your trial has taken place and a verdict has been reached.

Pleading guilty

If you plead 'guilty' to the charge(s) then you will be told to sit down and the prosecution will begin. The prosecution solicitor will put forward the case against you including all statements and evidence collected by the police. Once the prosecution has finished it will be the turn of the defence (that will be you and/or your solicitor). This is your turn to put forward an explanation of what happened, why it happened and any other relevant information such as any and all mitigating circumstances. If you have a solicitor then you just sit and let him/her do their job. If you do not, it will be up to you to tell the magistrates any information which you would like to put forward.

Previous convictions?

Once the prosecution and defence have both put forward their case, the court clerk will ask the magistrates if they are aware of any previous convictions. If you have any previous convictions, they will be disclosed to the magistrates, as will details of your financial circumstances (you will have been asked to fill out a financial means form prior to your appearance). The magistrates will then discuss matters between themselves and may take further advice from the court clerk if needed. Once this is done they may sentence you straight away, more often is the case that the court will be asked to rise (everyone must stand up) and the magistrates will retire to discuss the matter in private and decide on how to proceed and what sentence to impose. This will usually take between 5 - 10 minutes, but may take longer.

The Magistrates Decision

Once the Magistrates have decided how to proceed then the court will be asked to rise again while they re-enter the courtroom. Everyone else will sit down when the magistrates have taken their place at the bench, the defendant (you), must remain standing. They will either hand you your sentence there and then, or they may decide to adjourn the case for a pre-sentence report.

Pre-sentence reports and interim driving bans

If they decide to adjourn for pre-sentence reports, you will be told to report to the probation officer and make an appointment to visit the probation office in order for the pre-sentence report to be compiled. You will be asked to do this as soon as you leave the courtroom. You will then have to keep the appointment with the probation officer and will have to attend court again at a later date to be sentenced. The magistrates will usually tell you what sentence they are considering imposing on you and a date you must return to court. They will usually impose an interim driving ban. An interim driving ban means you are effectively banned from driving from that moment on, any driving ban you later receive will run from the date the interim driving ban was imposed.

If they decide to sentence you there and then, you will usually be handed a minimum of a 12 month driving ban and you will be asked to surrender your driving licence to the court if you have not already done so. You will be told if you are to be given the opportunity to partake and complete the drink driving rehabilitation course (which can reduce your period of disqualification by up to 25% once completed), you will then be handed the rest of your sentence.

Possible sentence

Sentences for offenders that have been charged with driving whilst over the legal prescribed maximum blood alcohol content limit are dependant on the level of alcohol they had in their system at the time of the offence as well as several other factors including the degree of risk and harm they posed to members of the public, previous convictions (especially alcohol related driving offences) and any mitigating or aggravating factors surrounding each individual case. Sentences for drink driving related offences can range from a fine, to a community order and in serious cases, imprisonment. For more information on sentences imposed, please see the magistrates court sentencing guidelines. You may also be required to make a contribution towards court costs.

If you are handed a fine and a driving ban, then you will be free to go. If you are handed a community order, you will be instructed to see the probation officer as soon as you leave the court in order to make necessary arrangements and appointments for your community order to be carried out.

Requirement to re-take driving test

The magistrates court has the power and discretion to disqualify any person until a driving test is passed if they are convicted of any endorsable offence. For offences where disqualification is obligatory such as driving with excess alcohol then the extended driving test will apply.

It is entirely at the discretion of the sentencing court as to whether or not a convicted drink driver will have to re-sit their driving test.

The discretion to order a person to re-take their driving test is likely to be exercised where there is evidence of inexperience, incompetence or infirmity, or the disqualification period is lengthy (ie a number of years).

Fines

Magistrates will usually require any fine imposed to be paid in full on the day. However, periodic payments can be allowed as long as any fines are paid within 12 months. The maximum weekly payment for those on state benefits should rarely exceed £5.00. Calculation of fines.

If you are handed a custodial sentence and that custodial in not a suspended sentence then you will be taken directly to the police cells to await transportation to prison. If the sentence is suspended then you will be free to leave.

DVLA Medical

Depending on the charge(s) against you, previous convictions or the level of alcohol in your blood at the time of the offence, you may also be required to pass a DVLA drink driving medical before your driving licence will be returned once your driving ban has expired. If this is the case then you will receive correspondence from the DVLA shortly after you have been convicted.

Driving Licence Endorsement & Rehabilitation Periods

A drink driving endorsement will stay on your driving license for 11 years from the date of conviction. A criminal conviction for drink driving will remain on your record for a period of time laid out by the The Rehabilitation of Offenders Act 1974 and the length of time before the conviction will become 'spent' will be dependant on the sentence you receive.

Appealing Against Conviction and/or Sentence

You have the right to appeal against the sentence and/or the conviction itself if you think it is too severe or you were unfairly convicted. Your solicitor (if you have one) will advice you on this matter further. You must lodge any appeal within 21 days of your hearing. Bear in mind that the court to which you appeal have the power to increase your original sentence as well as decrease it.