Page 1 of Drink-driving

Hiya All!

Don`t know if anyone will be able to offer any guidance?

Brother in law was yesterday arrested for drink-driving. Was stopped after someone `shopped` him for careering all over the road. Police reached him just as he was locking the car door outside his house, and although his speech was unslurred, he fell into the arresting officers arms as he couldn`t stand up straight. Was found to be four times over the limit.

Now, this may sound harsh, but the rest of the family is actually quite glad this happedned; we`ve known for years that he has a drinking problem, we`ve begged him to go for help but each time he says he hasn`t got a problem, it`s the rest of us. He has often taken his sons in the car when he`s been drinking, and even after they`ve begged him to get help, he`s ignored them. Maybe this will wake him up.

Any ideas what he`s likely to get? First offence.

He is a farmer, or at least works on his father`s farm. That means he has to drive animals to market /abbatoir, tractors on the road to get to their fields, etc. That is his only source of income. His wife works, but only part time.

Sorry for the long post!

Cheers!

Quote:
Now, this may sound harsh, but the rest of the family is actually quite glad this happedned
Doesn`t sound harsh at all. One thing I have absolutely no tolerance for is drink driving.

I believe in terms of sentencing, he has just got himself a one year total ban, regardless if he needs his licence for work or not.
If he had accumulated 12 points for speeding, I think they allow a 6 month period to ensure you won`t get a 13th if you will lose your job over it, but if you get the 13th, then the 12 point summary ban stands too.

Here`s a scenario for you:
Taxi driver goes to a pickup at around 2AM.
Drops off "punter" shortly afterwards and heads for next job.
Turns onto main road and is suddenly confronted by car on wrong side of road coming towards him at high speed.
Cars smash, driver of other vehicle does runner.
Taxi gets written off. Taxi is drivers` only source of income.
Taxi is now off road, and ensuing insurance claims etc etc to go.

Could it happen? Yes, it did. 2 nights ago to one of our drivers. Luckily, he was ok but badly shaken up.

Now he has to sort out another car, pay the cost to licence that car, get that car tested, get that car "plated" before it goes on the road, usually about 2 to 3 months.

We`re pretty sure the driver of the oncoming car was legless from what we`ve heard. Did it matter to him he might have just caused financial hardship to someone else?
No, he was just interested in another pint.

I`m really glad to see above that you`ve mentioned your B-I-L didn`t hit anyone else, but think of that....what if he did?

Soz for the rant, but you just hit what is probably the raw-est nerve you could have with me. Idiot could have killed someone for the sake of a couple of drinks :(

BTW, wait for Marksparks999 to appear he`ll be able to offer better advice on sentences etc. (look at his siggy for why ;) )


Jimbo : oÞ

"Making Teenagers depressed is like shooting fish inna barrel"

Four times over the limit is a likely prison sentence even for a first time offence. He`ll need a bloody good lawyer and some great mitigation to keep him out. Ban wise expect at least 24-30 months due to such a high reading (12 months is just for those people that were marginally over but over none the less). Fines are relevant to personal income/circumstances (savings etc) my guess would be about £200-300 with court costs of £150-200. Most courts offer a "drivewise" course that you have to accept at time of sentence and pay for but it does give a 25% reduction to the ban.

He`ll definitely get LA due to the exceptionally high reading and the real risk of custodial so i advise seeking a specialist Defence Solicitor asap (tomorrow) in advance of court date to complete LA application forms. There`s a very large good Criminal Defence Specialists firm in Orpington, Kent at Crown Building, The Walnuts so i`ve heard......

M.

This item was edited on Sunday, 30th January 2005, 11:51

Hi
the only guidance I can give is that he was not "shopped" someone has done your local community and his sons a favour, a pity it has taken years for this to happen.
As I drive for a living I have no sympathy whatsoever and hope he gets put away,and how can anyone let him take his sons out in the car when he has had a drink is beyond me.
Moral responsibility lies with us all.(remember this when drives again whilst banned.)
Rant over
hgv

Thanks Guys,

Jimbo, isn`t a rant at all - I fully agree with you! Fortunately - for my part - haven`t been as unlucky as your driver, but I really do understand what you mean.

We`ve tried every thing we can to try and talk some sense into him, but he just won`t listen. His wife is a saint - or bloody stupid, depending on your point of view - but doesn`t deserve to put up with this.

In the past we`ve had to hide his car keys, or - at one point, block his car in with our cars to stop him from driving. "I`m fine to drive, alcohol doesn`t affect me".

He`s still sleeping it off in the cells I believe; but I am certain that when he gets out it will be everybodies fault but his!

He looks after his two boys - aged 12 and 10 - on the odd occasion his wife goes out with friends; lost count of the amount of times the boys have called another member of the family to come over and help them / sit with them because "daddy is asleep on the settee and we can`t wake him up". Lo and behold, when we get there a glass or bottle of whisky is in evidence.

Says he loves his family; if so, why does he spend all his time in the pub?!!

Thanks again!

Sounds like a very sad state of affairs for all concerned. I just feel for the wife and kids. We can all hope that this comes as a very harsh wake up call for him.

============================
I ate what?


My Collection

Ah ... forgot to mention ...

... apparently we have been told that he was handcuffed when he was taken to the station. Is this normal for a drink-driver or is it that he had done something else? Possibly resisting arrest?

Thanks.

Quote:
Ah ... forgot to mention ...

... apparently we have been told that he was handcuffed when he was taken to the station. Is this normal for a drink-driver or is it that he had done something else? Possibly resisting arrest?

I always thought if you were arrested you had to be handcuffed.

Nick

I hope he never gets back on the road. Drunk Drivers deserve to loose thier licence for life. I saw to many times the results of drunk driving. No sympathy from me I`m afraid. Glad his children will now be safe, but sorry for his wife who will more than likely loose household income because of his selfishness.

And I wouldn`t hesitate for a moment to report any of my brothers if they drank and then drove.

Will

Quote:
... apparently we have been told that he was handcuffed when he was taken to the station. Is this normal for a drink-driver or is it that he had done something else? Possibly resisting arrest?

Handcuffing is up to the arresting officer(s) and whether they can personally justify it. Each officer has differing perceptions of danger etc, some would handcuff whilst some wouldn`t.

Quote:
Any ideas what he`s likely to get? First offence.

Although it`s a high reading a custodial sentence is unlikely. The minimum period is 12 months disqualification (but the courts have the discretion NOT to disqualify!), he`s more likely to get 18 months to three years depending on the particular magistrates court. (Where I`m from, they`d apologise to him for the inconvenience and send him home - but I`m bitter and twisted!!!) ;)

This item was edited on Sunday, 30th January 2005, 14:19