Drink driving - now up in court

redrabbit29

Dippychick wrote: »

Well if 17yr olds aren't responsible enough to REALISE that drinking EVEN 2 Bottles of Stella would class them as a drink driver - then they shouldn't be driving in the first place.

Drink driving is inexcusable. Like I said... about killing children when drunk.

I wonder if that same 17 yr old killed YOUR child - would that be OK? You would forgive and forget feeling sorry for the poor 17yr old because he had only had 2 Stella?

No I wouldn't say it was OK. I just don't agree with the simple and brash view that ANYONE caught drinking and driving should be banned for life. Every other offence is punished depending on the circumstances.

E.g. hitting someone once in the face is assault and has one punishment. Hitting someone in the face with a brick has a different punishment due to it being more severe and aggravated.

That's just my opinion though, but I understand that a lot of people here have really strong points of view due to the some experiences they've been through.

LilacPixie

andyrules wrote: »

So at 17 you were critically and permanently injured due to someone who already had been given 3 chances to kill someone! If you'd been my daughter I would have seriously wanted take an axe to that driver.

I hope he got a custodial sentence which would go some way to making the roads near you safer temporarily.

To be honest i think he did. Sad thing is if my dad or anyone elses dad for that matter had decided to take a baseball bat to either the drink driver or the car then then they are more likely to face a custodial sentance than the drink driver!

andyrules

LilacPixie wrote: »

To be honest i think he did. Sad thing is if my dad or anyone elses dad for that matter had decided to take a baseball bat to either the drink driver or the car then then they are more likely to face a custodial sentance than the drink driver!

Yes that is so true.:(

I hope you are keeping well?

Princess_Jane

Hello,

I am in court about three/four times a week with work and see a lot of DD cases.

Twice the legal limit she is probably looking at a year's ban, which if she doesn't have a full licence I assume means you can't start lessons for a year.

If she was driving on her own could also be charged with DOTIWAL - driving otherwise than in accordance with a licence - as obvs learner drivers can't be out on their own, and using a vehicle without insurance for the same reason.

Probably looking at a few hundred pound fine. The court will ask her to fill in a means form - basically an SOA and will set the fine accordingly, plus court costs, victim surcharge.

You can pay by DD or get an All Pay card which is like a gas/leccy payment card, except it doesn't say what you are paying off.

She might get offered the drink driver rehab course which costs but cuts your ban time.

If you have any q's about the court process I can probably answer them.

Might be worth having a trip to your local court to get familiar with layout etc.

She won't be the worst case the mags see that day I'm sure.

Janepig

Princess_Jane wrote: »

She won't be the worst case the mags see that day I'm sure.

If it's anything like the Court where I work then she'll just be one of many DD cases that morning - we have one court room each day which is virtually DD cases alone. Maybe that's why the Court are so lenient (I think) with them - there'd have to be prisons built on every street to accommodate them all if they got sent down.

It never ceases to amaze me though that people are so prepared to take a chance on drinking and driving when they rely on their licence for work purposes. The number of van drivers, lorry drivers and such that we get, as well as other people who will lose their jobs as a result of losing their licence is unbeleiveable. I'm sure I would manage somehow without my licence and my car, but it would be very difficult, and in that case I would never chance it, but you'd be surprised how many do. And that's without the risk that you might kill someone in the process anyway.

Jxx

wordwizard

Hi,

I'm sorry to say that your friend has to face up to the consequences of her error of judgement and yes she will be punished by the courts as driving with excess alcohol can result on injury or even death. So that out of the way, here's some advice as i work in the criminal system - please note this is NOT legal advice and only guidance -

You mentioned in your thread a reading in blood but i am assuming you mean in breath. In terms of the court process, your friend will get up to a third credit upon sentence if she pleads G at the first hearing. If she admitts the offence, she should say so at the first hearing. The Magistrates will then look at any aggrevating features in the case, from what you have said the issue about being a provisional driving licence holder and then driving whilst drunk!!! They also have to look at any mitigating features;such as no previous convictions and co-operation with the police and of course early G plea at first hearing. They will then decide the sentence. The Court will have asked your friend to complete a "means form" about finanical circumstances and they will then determine an appropriate level of fine having taken all of the above into account. On thing your friend will have to be aware of is that she wont be able to drive to Court because at the time of sentence she is then disqualified so can't drive from that minute on. The other thing she needs to do is take her licence to Court with her to hand forward to the legal advisor when they deal with her case. This needs to be the plastic card and paper part! I don't know what your friends job is but the MINIMUM disqualification they have to impose is 12 months. For a reading of 68 nearly twice the legal limit, (35ml in breath being the legal limit) I would think that they are looking at 12 months maybe 18 months max. They will offer her the drink drive rehab course which if completed successfully will reduce any disqualification by up to 25%, cost varies upon area/circumstances. The course is worth doing as it teaches drivers about alcohol and safe driving so they should not do it again! Once your friend looks into driving again, insurance companies do look favourably on those who have completed the course but of course her premium will be effected with a drink drive conviction. The one thing that your friend can do now is to ask some friends/family to write character references as to how she normally behaves and the best thing would be for her to write a letter for her to hand to the magistrates when she appears at court explaining how stuipd she has been and how sorry she is! Make sure she pays the fine in full or she could be sent to jail for non payment of fines! Hope this helps and hopefully your friend will have learnt her lesson.

Janepig

I also forgot to mention that she can be represented by a duty solicitor for free on the first occasion at Court, so if she intends pleading guilty straight away then she should ask for the duty solicitor when she gets to Court. He/she will then stand up in Court and speak on her behalf. I would advise this because a: it's free, and b: there's nothing more toe curling than someone representing themselves because in general people haven't got a clue what they are supposed to do or say in Court, or even how to address the bench, and are usually often nervous, so it's best left to those who know what they are doing.

It may also be wise for her to check whether she's been given an interim disqualification - often (well, locally anyway) the Police will bail you after charging you with a bail condition not to drive. What this means is that if she does drive whilst on bail, even supervised, she's breaching her bail and will be brought back to Court for that, and possibly (although not likely on the first occasion) be remanded in custody before sentence.

Jxx

question33

Dear Lacoste
This web site mentioned in the email round a couple of weeks ago will give you a good guide as to what sentence is likely
http://www.online-court.co.uk/OnlineCourt/OnlineCourtindex.asp?CP=Motoring_Offences
Yours
Question33

lacoste1985 wrote: »

Hi all

Firstly I would just like to say that its not me who is up in court for committing the above offence but a very good friend of mine. She foolishly tried driving home after a night on the town after her and her friend had an argument and she got told she couldnt stay at her friends house that night. She has only got a provisional license but fortunately had tax, insurance and an MOT on the vehicle she was driving. To cut a long story short she was pulled over by the police for turning right into a road that she shouldnt have been on and consequently being on the wrong side of the road. After being breathalised it was found she was twice over the drink drive limit (62mg of alcohol were in her blood). She has got to go to court in 2 wks time and has been told to expect up to an 18mth ban as well as a rather hefty fine which has obviously !!!!ed her off a bit as shes in the middle of learning to drive.

She hasnt got much money and works full time as it doing 50hr weeks. Is there anything she can do over the next 2 weeks to try save herself from getting the worst sentencing such as getting character references from her employr, uni? I am assuming she wont be going to prison.

If anyone has any advice or has been in a similar situation Id really appreaciate some info.

Many thanks

Lacoste