Drink Drive Charge - Question

DarbyM

Hi All,

My sister was involved in a drink driving accident in October 2018, she has just received a letter for her court date, 27th February.

She was 2.5times the limit (203mg of alcohol to 100ml of blood)..


It gets more complicated, its a company car but she has to insure it. The insurance has already paid out for the write off and her work have already given her another car (Alpha Romeo 17 plate).. She also wrote off the car she hit and their insurance has paid out.


Her insurance are currently unaware shes facing a drink drive prosecution..


Could someone advise what punishment she will be facing in court and if her insurance/company will chase her for the repairs/write off costs to both cars?


Thank you

garth549

She'll certainly be getting a large fine or community sentence. A fine will likely be around 1.5 times her weekly income. Also expect disqualification for at least 18 months for over 200mg I'm afraid.

Drink driving does normally invalidate your insurance cover so the insurance company will be within their right to reclaim their outlay. I'm surprised they don't know that intoxication was involved... was this not covered in the questions they asked her when claiming? I hope she didn't 'miss that part' out.

ETA - be thankful she didn't seriously injure or kill someone - she'd be looking at 5-10 years in prison if she had!

antrobus

Sentencing guidelines are here;
https://www.sentencingcouncil.org.uk/offences/magistrates-court/item/excess-alcohol-driveattempt-to-drive-revised-2017/

k3lvc

DarbyM wrote: »

It gets more complicated, its a company car but she has to insure it. The insurance has already paid out for the write off and her work have already given her another car (Alpha Romeo 17 plate).

Do her employer know that she's been charged and is heading to court ? And they've still allowed her to drive (or is it a 'perk' car and she doesn't actually drive for her role) ?

BoGoF

"It gets more complicated"......yes it certainly will if she 'forgot' to mention she was bladdered when writing it off.

Dangermac

[QUOTE

Drink driving does normally invalidate your insurance cover so the insurance company will be within their right to reclaim their outlay. I'm surprised they don't know that intoxication was involved... was this not covered in the questions they asked her when claiming? I hope she didn't 'miss that part' out[/QUOTE]

Not normally the case, unless the policy specifically excludes cover.

Fleet policies tend not to have such an exclusion as standard

DarbyM

It’s a perk of the job as she does not need to drive for her job!

DarbyM

She decided to not disclose that information so her employee and insurer are currently unaware.

Will she need to then update her insurer once the punishment is decided?

BoGoF

DarbyM wrote: »

She decided to not disclose that information so her employee and insurer are currently unaware.

Will she need to then update her insurer once the punishment is decided?

Do you really need to ask that? Your sister has commited insurance fraud.

She needs to come clean to the insurance company now.

DarbyM

Apologies I meant, does the court update her insurance records or does she need to update them?

BoGoF

Why is she contemplating waiting till the court case is done? Tell them now before it gets worse.

She will get a ban....there is no doubt about that.