How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 70303
Experience:  Over 5 years in practice.
12826847
Type Your UK Law Question Here...
Jo C. is online now
A new question is answered every 9 seconds

Nicola I have a friend who was caught drink driving and we

Customer Question

Nicola I have a friend who was caught drink driving and we would like to delay the date of his hearing or ask for it to be sooner
JA: Thanks. Can you give me any more details about your issue?
Customer: yes, he was reported driving drunk by a bar staff who also allegedly followed him, he was found by the police by his car (not in it) and was handcuffed the bar staff and a friend gave a statement
JA: OK got it. Last thing — Solicitors generally expect a deposit of about $45 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas Judge replied 1 year ago.

why does he want to delay the hearing

Customer: replied 1 year ago.
Because he was offered the opportunity to go to Japan all expenses paid for 1 week. Not a great reason but I Giles he knows what the outcome of the hearing is going to be
Expert:  Thomas Judge replied 1 year ago.

If he can show to the court a good reason then the court will often adjourn these reasons. Buying tickets for a flight after notice of the hearing would not really be considered to be a good reason.

Expert:  Jo C. replied 1 year ago.

Hello

If he can show evidence of a pre booked holiday then usually the Magistrates will reschedule a hearing.

The bigger problem is getting hold of them as their admin departments have been cut so badly that they often don’t answer phones.

It is probably going to be too late to write and fax or email can’t be relied upon.
If he is able to attend and explain to the court office then that would probably be effective. He will need to produce proof of the pre booked holiday.

If he has a solicitor then they are better placed to negotiate but drink driving doesn’t always attract legal aid.

Can I clarify anything for you?

Jo

Expert:  Jo C. replied 1 year ago.

If you are saying that he booked the tickets after he knew of the date then that would not impress though.

Customer: replied 1 year ago.
No that's what I thought
I just wanted to back myself
Is there any point fighting in court when they have a couple of witnesses not police that evidenced him driving?
Expert:  Jo C. replied 1 year ago.

You can always put them to proof.

Whether it will succeed or not is another matter.

If these are civilians then they might not come to court. He risks costs rack up but equally if he needs to keep driving it might be worthwhile.

It is always possible to challenge an eye witness account. It depends on the circumstances. If he is found very close the car with no other occupant then that gives rise to an inference and obviously he can only tell the truth.