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Drink Driving Escaping Liability

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  • bigjl.
    bigjl. Posts: 232 Forumite
    mcjordi wrote: »
    Im very suprised the police didnt attend if the other driver was drunk.. I know when i rang the police when a neighbour of mine went out when drunk then made it an immeadiate resposne and caught her about 1/2 mile away from home (turned out she was very close to 4 times the limit)

    And what a hero you are!
  • pendulum
    pendulum Posts: 2,302 Forumite
    bigjl. wrote: »
    So who called the police if the other party didn't want them involved. Some thing don't add up there, but then you do have form for posting carp.
    A witness or witnesses who saw his car glance off dads and embrace the concrete bollard called the police. I believe I posted about it a couple of years back, and as we all know you're a troll who has nothing better to do, then I dare say you'll be able to search my posting history and check.

    Obviously you're barely worth even replying to, but if anyone else has doubts I'll happily scan a copy of the charge sheet!
  • bigjl.
    bigjl. Posts: 232 Forumite
    pendulum wrote: »
    A witness or witnesses who saw his car glance off dads and embrace the concrete bollard called the police. I believe I posted about it a couple of years back, and as we all know you're a troll who has nothing better to do, then I dare say you'll be able to search my posting history and check.

    Obviously you're barely worth even replying to, but if anyone else has doubts I'll happily scan a copy of the charge sheet!

    Yeah, a long history of carp.
  • Wig
    Wig Posts: 14,139 Forumite
    thenudeone wrote: »
    b) your OH should have reported the accident in person to the police as soon as practicable. (or else he's committed an offence as well)

    Only if there had been an injury.
  • Wig
    Wig Posts: 14,139 Forumite
    bigjl. wrote: »
    And what a hero you are!

    Aren't you an emergency services driver? (sorry if you're not, it's just I seem to remember that from your post history)

    Wouldn't an emergency services driver want drunken drivers off the road more than the average road user?
  • Road_Hog
    Road_Hog Posts: 2,749 Forumite
    1,000 Posts Combo Breaker
    thenudeone wrote: »
    As I have already said, this is simply not true.
    Simply re-iterating it will not make it true.

    I know this from my personal experience (I wasn't the drink driver!).

    It's still rubbish and not true.

    Police can not obtain a conviction if they don't catch the person at the time. The person can say that they were under the limit whilst driving, but then had a few cans of beer/wine/whisky as soon as they got in the house.

    You either have to be driving the car, seen to be leaving the car or sitting in the car with the keys in your possession (the latter being drunk in charge of a car, but pretty much the same as drink driving).
  • Road_Hog wrote: »
    It's still rubbish and not true.

    Police can not obtain a conviction if they don't catch the person at the time. The person can say that they were under the limit whilst driving, but then had a few cans of beer/wine/whisky as soon as they got in the house.

    Wrong I'm afraid.
    There have been a few documented cases where the blood alcohol limit is determined by using a back calculation to determine the level at an earlier time.
    Here's a couple of examples.

    http://www.buxtonadvertiser.co.uk/news/local/motorist_banned_after_minor_crash_1_654829
    http://www.lawgazette.co.uk/node/53168
  • Road_Hog
    Road_Hog Posts: 2,749 Forumite
    1,000 Posts Combo Breaker
    Wrong I'm afraid.
    There have been a few documented cases where the blood alcohol limit is determined by using a back calculation to determine the level at an earlier time.
    Here's a couple of examples.

    http://www.buxtonadvertiser.co.uk/news/local/motorist_banned_after_minor_crash_1_654829
    http://www.lawgazette.co.uk/node/53168

    You need to read your articles first.

    "Collier admitted drink driving, failing to stop after an accident and failing to report an accident at an earlier hearing."

    He pleaded guilty, I wonder what would have happened if he'd pleaded not guilty.

    Second example.

    "G pleaded guilty to the charge on that basis"

    Again, it's easy to convict someone when they plead guilty.

    Have you any examples where someone has pleaded not guilty?
  • McKneff
    McKneff Posts: 38,857 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    bigjl. wrote: »
    And what a hero you are!

    What's that supposed to mean then?

    That they should have minded their own business
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • shaun_from_Africa
    shaun_from_Africa Posts: 12,858 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 23 October 2011 at 2:58PM
    "G pleaded guilty to the charge on that basis"

    Again, it's easy to convict someone when they plead guilty.

    I'm not surprised that he pleaded guilty.
    The CPS wanted to charge him with having a blood alcohol of 71mg, so the defendent appointed his own expert who also stated that he would have been over the limit at the time he was driving.

    It's hard to claim innocence when your own expert states that you are guilty.
    Have you any examples where someone has pleaded not guilty?
    http://www.forum.drinkdriving.org/have-you-been-caught-convicted-drink-driving/7201.htm
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