Drink driving - now up in court

sb44

Chesnut1 wrote: »

Totaly agree with all the comments it was her own stupidity but I would warn anybody not to sleep it off in the car. Many years ago my OH went to the pub as usual with the car ( he always gets a taxi back) On this particular evening he had a lot to drink as some friends arrived and forgot to book a taxi (we live in a rural area) by the time he remembered it was too late to get one but he managed to get one booked for 8am. As there were no taxi's or buses and a 10 mile walk ahead in winter he left the keys with the landlord and slept in the back of his car in a sleeping bag. The police knocked on the window at 3am he was charged with drink driving. Even with all the evidence in his favour he still lost his licence for 6 months and this was by doing the right thing. So I think she should take whatever is coming to her as she made no provision at all.

Is this something to do with being in posession of the keys to the car?

I am sure I read that somewhere. I think if you put the car keys in the glove box and sleep in the back then that is ok from what I remember but I am sure we have some police, lawyers on here who can correct me.

Debt_Free_Chick

Dave_liverpool wrote: »

My point is how can she lose her licience when she hasn't got 1.

She does have a licence - a provisional one. That will be revoked, so she cannot drive at all; cannot have any lessons; and cannot take her test. It's as if she's 15 again and she'll have to wait until the ban is up, then reapply for a provisional licence and only then, learn to drive.

redrabbit29

Dave_liverpool wrote: »

My point is how can she lose her licience when she hasn't got 1.

I'll leave it at that, stiffer sentances such as a 5 year ban if no licience, 10 years if you have 1.

Its a moron who drinks and drives and it should carry a larger penalty.

It's a weird system, but you can still get banned and get points your licence. Even 11 year olds can get banned or get points. What happens is the DVLA create a record for you, and then mark you as banned or with points. It's a historical thing more than anything.

As with the OP's friend - she does have a licence, just not a full one yet. That is the licence that will be banned or get points.


To the OP

- 99% guaranteed your friend will not get a prison sentence. In fact 99.9%. Unheard off, even if the driving dangerously, so she'll be fine on that front.

- She will not get a tag like some other person said about. That applies more to criminal offences or to dishonestly offences. Not driving offences.

redrabbit29

sb44 wrote: »

Is this something to do with being in posession of the keys to the car?

I am sure I read that somewhere. I think if you put the car keys in the glove box and sleep in the back then that is ok from what I remember but I am sure we have some police, lawyers on here who can correct me.

VERY suprised to hear about Chesnut1's other half. That seems a little unfair, especially given my understanding of the law.

The keys are normally the key point to the defence. E.g. if sat in a car with the engine off and with the keys, then you can be found to be drink driving.

Driving = being in control of the propulsion and/or steering and/or gears of the car. So you can be even if the engine is switched off and even if the car is broken.

I can only think that Chesnut1's OH was found guilty because he could drive it even without the keys. E.g. handbrake off, steering down a hill without the engine being on. As I said, it does seem harsh considering he went out of his/her way to try to be responsible about it.

Paparika

redrabbit29 wrote: »

It's a weird system, but you can still get banned and get points your licence. Even 11 year olds can get banned or get points. What happens is the DVLA create a record for you, and then mark you as banned or with points. It's a historical thing more than anything.

As with the OP's friend - she does have a licence, just not a full one yet. That is the licence that will be banned or get points.


To the OP

- 99% guaranteed your friend will not get a prison sentence. In fact 99.9%. Unheard off, even if the driving dangerously, so she'll be fine on that front.

- She will not get a tag like some other person said about. That applies more to criminal offences or to dishonestly offences. Not driving offences.

No they really are handing out tags, my colleague got one, and a 3 year ban for drink driving, this was 2 months ago. (her own bloody fault and i told her so, i now have to pick her up if we have training together and then drive her home)

and only about a month ago an elderly man was tagged for drink driving..

and here.. they really are clamping down on drink drivers.

http://www.ripleyandheanornews.co.uk/news/Drinkdriving-councillor-tagged-and-given.3939582.jp

http://news.bbc.co.uk/1/hi/wales/3581048.stm

MORPH3US

Just had a thought, how did the car get to town in the first place if she is only on a provisional?!?!

OP are you sure her driving illegally is not a regular occurance and she just got caught this time?

LittleTinker

Just to add......yes, she will get a ban and a fine and the ban might be reduced if she goes on a course.

But you have to PAY for the course, which I think is about £100.

Mips

My friend got banned for drink driving and had to pay a fine.

A friends lad got banned for drink driving, and again got a fine - 3 years. And he was just found sat in the Car with a warm engine apparently

Personally... I think drunk drivers should NEVER get a licence back. Just like the child they potentially kill would never get their life back.

Idiophreak

Dave_liverpool wrote: »

I'll leave it at that, stiffer sentances such as a 5 year ban if no licience, 10 years if you have 1.

This doesn't add up to me - drink driving vs drink driving *and* not having a licence, insurance etc etc. Surely it should be the other way round...

Dave_liverpool wrote: »

I'm a HGV driver and I'm often starting work at 4/5am and have seen many a swerving driver off home after a late night.

Could you just do us a favour and run your truck over them in future..?

DKLS

She can also forget about hiring a car in the near future, also she might find that she wont be offered a courtesy car if she puts a car in for a service.

I hope she learns her lesson before she kills somone with her studpidity.

How cheap does a taxi look now :rolleyes: