Drink driving - now up in court

Debt_Free_Chick

Dave_liverpool wrote: »

I did state a FULL licience

I was replying to this, in post #26

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.

Regards

meester

Could also be looking at a curfew as well as a tag, and a supervision order. All are common for drink drivers.

LilacPixie

3 year ban, ordered to sit extended test, and the maximum fine possible to seriously upset her financial position for the next 12-18 months at least. I would say maybe 20-25% of her annual salary. Plus crush the car.

Quite a few years ago, I was 17 just past my test and the proud owner of a 10 year old banger. Driving home from my work placment one evening i was rear ended by a drunk driver in control of a large ranger rover 4x4 at approximitly 60mph while it was being chased by tayside's finest boys in blue.

Obviously I survived but that was more because of good luck. I broke 3 ribs cracked a further 4, dislocated my right sholder, lost my speen and ruptured left kidney.

It was the other drivers 4th offence, he received a 10 year ban and a 1700 fine but has since been done again for driving while disqualified and under the influence. In court his solicitor tried the 'please don't ban him, driving is his livelyhood' argument. Thankfully it didn't wash.

OP I have absolutly no sympathy what so ever for your 'friend' she needs to stop looking for ways to minimise her punishment and spend time thanking her luck stars she did not hurt anyone else. The fact is even discounting the alcohol, she is an inexperienced driver who should never of been in charge of a car unsupervised let alone drunk.

Sorry IMO even 1 drink is 1 too many.

starry

she should be banned for life, My nephew was knocked down by a female drink driver on a zebra crossing....at 12.30 in the afternoon. Luckily he was ok. :mad:

journ

LilacPixie wrote: »

3 year ban, ordered to sit extended test, and the maximum fine possible to seriously upset her financial position for the next 12-18 months at least. I would say maybe 20-25% of her annual salary. Plus crush the car.

Quite a few years ago, I was 17 just past my test and the proud owner of a 10 year old banger. Driving home from my work placment one evening i was rear ended by a drunk driver in control of a large ranger rover 4x4 at approximitly 60mph while it was being chased by tayside's finest boys in blue.

Obviously I survived but that was more because of good luck. I broke 3 ribs cracked a further 4, dislocated my right sholder, lost my speen and ruptured left kidney.

It was the other drivers 4th offence, he received a 10 year ban and a 1700 fine but has since been done again for driving while disqualified and under the influence. In court his solicitor tried the 'please don't ban him, driving is his livelyhood' argument. Thankfully it didn't wash.

OP I have absolutly no sympathy what so ever for your 'friend' she needs to stop looking for ways to minimise her punishment and spend time thanking her luck stars she did not hurt anyone else. The fact is even discounting the alcohol, she is an inexperienced driver who should never of been in charge of a car unsupervised let alone drunk.

Sorry IMO even 1 drink is 1 too many.

I am so sorry you had to go through this I hope you are OK now i really wanted to send my support to you and it makes me so mad that theses low life's are still just thinking of them selfs
The Law should be for the Vitim's and make sure theses s**** should NEVER be allowed to drive a car again .

zoelouise88

why do people do such stupid things, maybe she should have thought about the consequences beforehand. i hope she gets a huge fine and a long ban she was not only risking her life but others to i dred to think what may have happened if she hadnt of been stopped then.

i lost a friend due to a drink driver who no license and no insurance and all she got was a ban and a tiny fine imo anyone who drink drives should be given a prison sentence.

William29

There are 3 seperate drink driving offences:

1) Drunk Whilst in Charge of a Motor Vehicle
2) Driving Under the Influence of Drink or Drugs
3) Driving Whilst Over the Prescribed Limit

There is also: Failing to Provide a Specimen of Breath, and Causing Death by Careless Driving whilst Under the Influence of Drink or Drugs.

For 1), by sleeping in the back of the car with the engine off and the keys in your pocket, you can can commit the offence, providing you are over the limit. It judged by whether you could readily take control of the vehicle. If your sleeping in a vehicle whilst drunk, but you leave your keys behind the bar of your local pub, then you're unlikely to be committing any offences.

Offence 2) is where a Constable thinks you're driving falls below the standard expected by a competent driver and that this is being caused by either alcohol or drugs (legal or otherwise). They DONT need to breathalise you to arrest for this offence. If they can't get hold of a machine, they will nick you for this straight away. They also don't subsequently need to give evidence about the state of you're driving. Although bad driving gives them a reason to stop you, if they can prove you were under the influence and driving, you're guilty of the offence. Driving well isn't a defence.

Offence 3) is satisfied if you are stopped, breathalised and blow over, basically. This is the most common one. But bare in mind, Police Officers need grounds to ask for a sample of breath. Although they can pull you over without an excuse, to ask for a sample of breath they must either 1) Have grounds to suspect you're under the influence of alcohol, or 2) Have grounds to suspect you've been involved in a road traffic collision, or a moving road traffic offence. In this case, they don't need to suspect any alcohol. In these circumstances, it is an offence to fail to provide a sample without reasonable excuse.

The penalties for 1) 2) and 3) as well as failing to provide a sample are usually pretty much the same. Hefty fine, 2/3 year ban, and ordered to take a retest. Possibly a 1/3 off you're ban if you attend a drink awareness course which you pay for your self.

Hope that helps.

andyrules

LilacPixie wrote: »

3 year ban, ordered to sit extended test, and the maximum fine possible to seriously upset her financial position for the next 12-18 months at least. I would say maybe 20-25% of her annual salary. Plus crush the car.

Quite a few years ago, I was 17 just past my test and the proud owner of a 10 year old banger. Driving home from my work placment one evening i was rear ended by a drunk driver in control of a large ranger rover 4x4 at approximitly 60mph while it was being chased by tayside's finest boys in blue.

Obviously I survived but that was more because of good luck. I broke 3 ribs cracked a further 4, dislocated my right sholder, lost my speen and ruptured left kidney.

It was the other drivers 4th offence, he received a 10 year ban and a 1700 fine but has since been done again for driving while disqualified and under the influence. In court his solicitor tried the 'please don't ban him, driving is his livelyhood' argument. Thankfully it didn't wash.

OP I have absolutly no sympathy what so ever for your 'friend' she needs to stop looking for ways to minimise her punishment and spend time thanking her luck stars she did not hurt anyone else. The fact is even discounting the alcohol, she is an inexperienced driver who should never of been in charge of a car unsupervised let alone drunk.

Sorry IMO even 1 drink is 1 too many.

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.

Janepig

I haven't read all the replies (only the ones on the first page) but anyway, for the reading the OP's friend gave at the Police Station, if she was appearing in the Court where I work (Courts do tend to vary in their severity from place to place) then provided it was her first offence she'd get a fine of a couple of hundred pounds, costs, victim surcharge and a twelve month ban (that's the least ban they can give).

The magistrates usually offer the drink drivers rehab course which gives you a quarter off your ban if you complete it by a certain date. You have to pay for it yourself though, and even if they offer it and you accept, you don't have to do it.

If she's on benefits then they can take the money automatically out of that, the least they'll accept is a fiver a week.

If she gets caught drinking and driving again in the next ten years then she'll have a minimum 3 year ban.

It's all down to the reading, and usually the probation service don't get involved unless you're looking at a reading of 100 or more in breath, or less than that coupled with a careless driving element. Unless there are some major difficulties and problems in the defendant's life then they'd be unlikely to get a Probation supervision order, unpaid work is more likely. Can't remember the last time someone got a curfew/tag for drink driving, but as I say it does vary from Court to Court. Oh and not forgetting the probation service run drink drive group - that's one you have to do if they sentence you to it, unlike the optional one they usually offer.

Jxx

redrabbit29

Errata wrote: »

Driving requires a bit more brain power than the ability to understand 'don't drink and drive'. Anyone who can't understand that simple instruction won't have the intelligence to understand the more complex things involved in driving a vehicle.

Agree entirely, however the message from the media/governments need to change as I don't believe it's very clear at all.

The message should be Don't drink anything if driving.

None of this, half a glass is ok, 2 bottles should be fine rubbish. That's where the confusion is. It should be as simple as driving = no drink. Easy.