What Happens at Court for Drink Driving?

A drink driving charge will result in a summons to attend Birmingham Magistrates’ Court (Victoria Law Courts, Corporation Street, Birmingham B4 6QA). You will be asked to enter a plea of guilty or not guilty. If you plead guilty at the first hearing, the court will usually sentence you on the same day, though it may adjourn for a pre-sentence report in more complex cases. If you plead not guilty, a trial date will be set.

It is important to take legal advice before the first hearing. The plea entered at the first appearance — and the preparation made before it — significantly affect the outcome. David Roy advises before the first hearing and appears with clients at Birmingham Magistrates’ Court.

Where a client pleads guilty, David presents detailed mitigation to the court before sentence is passed. Mitigation addresses: the circumstances of the offence, the personal circumstances of the defendant, the impact of a ban on employment and family, genuine remorse, any steps taken since the offence (such as engaging with alcohol counselling), and the effect on dependants. Effective mitigation can reduce the length of the disqualification, avoid custody in borderline cases, and result in the court offering the drink drive rehabilitation course.

Where a not guilty plea is entered, the case is adjourned for trial at the magistrates’ court. Trials are usually heard within 8-12 weeks of the first hearing, though listing times vary at Birmingham Magistrates’ Court. David reviews the prosecution evidence, advises on the available defences, and prepares the case for trial. Where the prosecution relies on breath test evidence, David considers whether technical or procedural challenges are available.

For a guilty plea, the court imposes a disqualification, a fine, and may impose the drink drive rehabilitation course. The length of the disqualification depends on the breath reading, any aggravating or mitigating factors, and whether it is a first or subsequent offence. Fines are calculated by reference to the defendant’s weekly income. David explains the likely sentencing range before the hearing so clients know what to expect.