Motoring Advice Blog

Roberto Giovannini* was honest when he first approached us.  He told us he had been using the internet to search for drink driving solicitors who might be able to help with the summons he had received.  Like many of our first-time callers, he was ‘ringing around’.

We told him, as we do all enquirers, that we were happy to offer free initial advice with no obligation (or pressure) in terms of instructing us.  We actually encouraged him to call other companies, as a comparison, but advised him to take note of his ‘gut’ feeling when speaking about his forthcoming hearing at Lincoln Magistrates’ Court.

During our initial conversation, Roberto told us that he had been charged with drink driving (53mg in breath).  We advised him about likely sentencing by referring to the Magistrates’ Sentencing Guidelines, then discussed with him in detail what had actually happened on the date in question, so we could check if there might be any defence to the charge, or whether any of the 3 Special Reasons might apply.  (This is very important, as it could mean that a person avoids the automatic disqualification which is imposed as a result of being found guilty of a drink driving offence.)

Although none of the 3 Special Reasons appeared to apply in Roberto’s case, nor was there any obvious defence to the charge, he told us later that he was impressed by our thoroughness and by the time we spent discussing his case in detail.  In contrast, Roberto commented on other companies he has spoken to, who seemed motivated only by taking a payment from him, and pushing him towards a not guilty plea – and therefore higher fees.

Forrest Williams fully prepared Roberto’s case and he pleaded guilty to the drink driving charge, but with mitigating factors.  A long-term non-drinker, Roberto told us he had succumbed to having a few alcoholic drinks at a party, which was very out of character for him.  On further questioning, he told us that he had been suffering from depression of late, and that he had been acting out of character as a result.

Although Roberto’s reading of 53mg was not at the bottom of the lowest band, his barrister advanced mitigation relating to his good character, professional standing and recent illness and the minimum disqualification of 12 months was imposed by the court.  On completion of the drink drive rehabilitation course, Roberto’s disqualification period will be reduced by 3 months.

Given his guilty plea, this was the very best outcome for Roberto on the day.  He told us he was very pleased with the result and that he was glad he had appointed Forrest Williams as we gave him the impression from the very beginning that we really cared.  And we did.

*Client’s name changed to protect identity.

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