Drink Driving

FabSascha

Hi all,

I've just had some news about a friend and I wanted some advice so I hope you guys might be able to help me. My friend has been an idiot and got caught drink driving. I say caught, he actually completely wrote off his car in the process and from what I can gather he passed out in the car. He woke up in the police cell the next day and will be appearing in court soon. The thing that I'm concerned about it whether he'll do jail time or not. Don't get me wrong, he deserves whatever the courts decide to give him, but whilst he's been an absolute moron, I really hate the idea of him going to jail. He has been caught drink driving before and lost his license. I'm fairly confident it was in the past ten years that this happened. He definitely has a problem with drink so what I'm hoping is that they'll force him into a rehabilitation scheme and give him a hefty fine. So what I'm asking is, what do you think the chances are that he'll end up doing time? His breath read at 140 at the time; don't know if that's note worthy or not.

Sorry if this is the wrong area to post and please feel free to redirect me.

Either way I'd just be keen to hear your thoughts as I really am concerned about him.

Thanks very much x

vikingaero

Uh-oh,

Can't help Sascha, but the MSE Motoring Lynch Mob will be along soon.

anewman

vikingaero wrote: »

the MSE Motoring Lynch Mob will be along soon.

And rightly so :j

A shame he still lives and didn't get a Darwin award, provides the opportunity to do it again and take an innocent person/people out with him.

FabSascha

I was just looking for some advice; he's a troubled man. I know it's no excuse and he never learns, but wishing death on him is inappropriate. Remember it wasn't me who did it, I'm someone who cares about him. I would just like some advice, ideally from someone who isn't self-righteous.

tripled

140 is a very high reading - 4 times the legal limit - so they will come down hard on him. Whether or not he goes down may include a number of factors, such as if he's been done in the last 10 years (you've indicated he has), whether he has any mitigating circumstances and how good a solicitor he's got. Only a solicitor can really help with this one, he is in an area where there is a possibility he will be jailed.

Edit: This link might be useful...
http://www.drinkdrivinglaw.co.uk/drink_driving_penalties_punishments.htm

hewhoisnotintheknow

i dont think he will get banged up

Kurtis_Blue

FabSascha wrote: »

he's a troubled man. I know it's no excuse and he never learns, but wishing death on him is inappropriate.

If he never learns then he needs to be locked up to protect the rest of us. He is a danger, I'm guessing if he was caught before then there are other times (many?) that he has done it and gotten away with it.
He had an opportunity, he blew it.

There is a big difference between being self righteous and being an uncaring dangerous drunken nutter, I'm some where in the middle.

Lynch mode off.

Tucker

hewhoisnotintheknow wrote: »

i dont think he will get banged up

I'd be slightly less confident.

Magistrates are issued sentencing guidelines and you will probably find these on the web if you google.
There will be a starting point, which they will use based on factors, such as past offences (not good in this case), alcohol level (not good in this case) etc.... The more of these negative facts, the higher the starting point. Hence, the starting point COULD end up with 12 weeks custody. (the starting point is the min sentence, before taking account of other things such as mitigating factors / aggravating features etc).

Sure custodial is reserved for more serious cases and 6 months can be imposed, but from the small amount of information here, this chap ticks quite a few boxes.

PS a three year ban looks an absolute cert....

newfoundglory

The court will decide, I would say its difficult to say.

Well, maximum is 6 months. Unlikely he would get the full maximum term.... and if he pleads guilty you get a third off your sentence anyway. Plus, no one serves the full remaining term anyway... some will serve only half of that figure.

So even if he got 12 weeks, deduct and third and then halve... leaves you with only 4 weeks.

A ban, and I think more likely to be a fine and/or community service.

Kilty_2

Drink driving twice ?

I'd hope for a lengthy ban + jail term although as said above the legal system is that much of a joke he'll probably not face jail.

ailuro2

As someone who cares for an alcoholic and a drunk driver, you should take some steps to getting support for yourself, this can only end with heartache for you, you need to be aware of this.

My tuppence worth on this - we don't speak to a very close family member now because he drove home drunk from a family party and didn't even get in touch to say he was home safely (80 miles away was 'home') and did not bother to get in touch to say sorry for leaving us to worry about him , not even a text. The only way we knew he was alive was when I saw him out and about a few days later. That was the first time I blanked him, have continued to do so since. It's not the first time he's driven drunk, so his second third fourth chances are long gone....

People who are as callous and selfish as that are not worth wasting heartache on, I always questioned what if he'd taken out a family travelling home - he could easily have wrecked so many more families than just ours.:mad:


For those who say the lynch mob will be along, put yourself in the shoes of someone who has been affected by drink drivers.

If I ruled the world I'd ban all second time drink/drug driving offenders for LIFE, because everyone deserves a second chance, there's always the chance someone doesn't metabolise alcohol well etc. that's why they'd get a second chance (unlike the people killed by drunk drivers, they get no waring or second chance, so the second chance thing is being pretty lenient)




OP, look after yourself, the worrying about whether the person will go down is part of the punishment, it affects all of you, not just the twit who drove while under the influence.