Drink driving - now up in court

kr15snw

sb44 wrote: »

There are two sides to every story and it was an abosolutely stupid thing to do BUT she should consider how very, very lucky she was.

Look at the footballer who was twice over the limit last saturday.

He killed two children, left their father with a broken back, neck and internal injuries and has destroyed a family.

She will suffer the consequences and will have learnt a tough lesson.

Thats our goalkeeper. I was tempted to mention this, but thought against it but Im glad someone did bring it up.

She is VERY lucky and anything she gets is once again VERY lucky.

Look at this footballer, one stupid mistake and hes ruined countless lives.

Your friend should be gratefull she didnt ruin anyones, just make hers slightly unconvenient.

dawnydee73

MORPH3US wrote: »

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?

I was thinking this myself, how come the car was at her friends house.

It wasn't just the drink driving she has done wrong but she should not of been driving if she does not have a full license. She will have to expect a hefty fine for this.

amandada

Dave_liverpool wrote: »

How can she be banned......she hasn't a licience!

Hope the ban is a long and lengthy 1, keep her off the roads. 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.

Its a pleasure.

You can be disqualified from driving even if you don't have a licence.

If (or rather when) she's banned, if she was stupid enough to drive within the ban period, she'd be charged with driving whilst disqualified, on top of driving without a licence

redrabbit29

Dippychick wrote: »

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

NEVER?

So an 17 year old, newly legal driver and out with friends, stupidly has 2 bottles of stella. The legal limit is 34mg of alcohol in the blood, and he ends up with 40. 17 year old then drives mates home but gets randomly stopped as he has just pulled out of a pub.

You think he should get banned for life, for the next 70 years? No ability to transport himself to work to college?

I understand you having a strong view on it, but I think it's really over the top or rash to spout stuff like you have.

redrabbit29

Paparika wrote: »

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

Wow, very suprised! Thanks for the info!

Oldernotwiser

redrabbit29 wrote: »

- 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.

Drink driving is a criminal offence and NOT a motoring offence. You have to declare it on applications for employment and it will always show up in a CRB check.

laurajayne

To be honest, I don't think there is anything whatsoever she can do, apart from take it on the chin. I can understand that she's your friend, and you want to help her, but if you look at the facts in the cold hard light of day...it's pretty unforgivable.

• She's a provisional holder, who therefore needs a sober, full licence holder over 21 who's held their licence for 3 years at least. She didn't
• That invalidated her insurance. It also broke the law.
• She was well over the limit. That would have also invalidated her insurance.
• She drove the wrong way up a one way street - imagine the consequences if she'd encountered another car.

There's plenty of what ifs, that could be applied to this situation...she should thank her lucky stars that they didn't happen.

Redrabbit - yes, even that person should be banned for life. We all know we shouldn't drink and drive. Easiest way...don't drink a drop! If you know you're going out drinking then sort out alternative forms of transport. Although in the example you gave, he was randomly stopped...he was still over the limit..his own fault and has no one to blame but himself. People might not risk it if the consequences were more severe.

angelfairy

sb44 wrote: »

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

that's right, you are still deemed to be 'in control' of the car when the keys are present.

yellow44

It seems some people are confusing drink driving with being drunk in charge of a vehicle.

To be prosecuted for driving over the prescribed limit you have to do just that - drive and be over the prescribed limit (legal breath limit 35mg but not prosecuted until 40mg).

To be prosecuted for Being drunk in charge of a vehicle is more of a grey area but basically if you are alone in the vehicle with the keys even if not driving you technically are guilty of the offence (if over the limit).

To the original OP - you friend definitely will not go to jail if there are no other aggravating factors and should expect to face a fine of about £300 which can be paid in installments, the level at which would be negotiated with the court depending on income and probably an 18 to 24 month ban.
They are also EXTREMELY unlikely to be tagged.

stroumph

It will also depend on whether it becomes dangerous driving or careless driving. Someone ran over my partner early in a morning and I almost lost him (partner was on the pavement) but because it was careless, not dangerous, the person was given a year's ban and £500 fine. They couldn't prove it was drink driving as no follow up blood tests were done due to a change in hospital shifts.

Hopefully your friend will be more sensible next time - too few people think about how much damage a car can do to a body.