Hi All

Looks like someone I work with has been caught drink driving - this morning - he pulled up to throw up and the rozzers pulled up and breathalised him and was over the limit.

Just wondered how this is viewed in the eyes of the law? Is it taken as seriously? Any chance hell get off????

 

Absolutely not a chance. Minimum 12 month ban with possibility of drivers rehabilitation course that would knock 25% off whatever the Beak gives him. They work to a tariff that will determine the length of his ban depending upon how much over the limit he was.

If he's lucky he won't be up in front of them until the first or second week in January (due to Christmas) but they are prepared for that kind of thing at this time of year and prefer to "fast track" drink drivers off the road.

He may be able to plead some form of mitigation but it's largely out of his hands now.

 

It's a strict liability offence - so you're either over the limit or you're not. It's irrelevant whether you knew or how long after your last drink.

That said, he may be able to persuade the court to be a bit more lenient in his plea in miitgation - it's not like he was caught driving home.

But given the time of year and the usual Christmas blitz on drink-driving, and so handing down sentences that are seen to be a deterrent, I wouldn't expect too much seasonal goodwill from the beaks.

A salutary reminder there for us all though!

 

If the guy had to pull over to be sick then surely he wasn't in a fit state to be driving.

 

If the police have followed procedure 100% then there will be no way he will get off with anything less than a 12 month ban (possibly with 25% off with the course mentioned above) however if the police have done anything incorrectly then get a good lawyer sorted ASAP.

Make sure your friend does not get caught driving during the ban, the DWD and IN10's that will ensue will be very detrimental to future insurance quotes.

 

He'll be in court the next day or 2. Tell him NOT to drive to court. They wait for DD's to drive home, then catch them driving home and do them for driving without license, insurance, etc.

He'll get 12 months, with reduction to 9 month ban if he does a course, unless he was still WAY over the limit. A bender the night before can make you illegal to drive until over 24 hours after you stop drinking. he probably won't get any points though.

His insurance is fecked for the next 5 years too.

 

The DR10 will be bad enough but there's a notable increase in the number of jail sentences passed for DWD offences (although it always seems to be the chavs that get away it indefinitely.... )

 

Not to mention a means-tested fine and having to fork out circa

 

sorry to say I hope they throw the book at him.

You would have to be an idiot not to know and understand that you 'could' be over the limit after going out on a bender.

my personal view is that drink driving should be treated as attempted murder and sentanced accordingly. But then I'm not know for my tolerance on such matters so I accept this may not a vey balanced view.

I hope it was worth not phoning in sick or getting cab in instead rather than risking lives, job, house, relationships etc etc.

 

Does anyone know what the rough rule of thumb is with alchohol leaving your body. I heard that it was 1/2 pint per hour so if I have 6 pints and the last was at midnight im not going to be fit until midday. I always use the rule of thumb the next day of dont drive if you feel shite which with teh way I get hangovers tends to be 48 hours later.