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Drink driving arrest advice please - Loe

Hi all

I am new here and this is my first post.

Basically my brother is in some trouble again

He has been prosecuted 3 times for drink drinking over a 14 year span.

His last punshiment was 60 month ban plus 6 months custodial he did 3 months of that custodial sentence. (Previously had attended drinking driving courses , community service ect ect,)

Now he has been arrested again! (Fourth offence now) For drinking driving thats 2 or 3 in rhe 10 year scope.

He was 7x over the limit.

My question is will he have another custodial sentence? Im asking as he has some health issues and I think he's solicitor is trying to get the custodial suspended (should this,be ordered by the judge). I cannot see the court being lenient as he is a repeat drink driver offender.

Whats are the most common or likely outcomes? Im aware that any advice doesn't predict what the judge will order. Im at the end of my tether with him..he just wont listen he is always drink driving and I just cant stop him ????

Thank you in advance.

Edited by Loe on 08/09/2022 at 18:43

Drink driving arrest advice please - Andrew-T

He was 7x over the limit. My question is will he have another custodial sentence?

Sounds as though he needs one, if only to protect the road-using public. Presumably he has tried the various self-help services ?

Drink driving arrest advice please - Loe

Hi

Yes he was sent on rehabillation course before and went straight back to drinking, and has drank everyday since in the excess of 15 pints. Im at my wits end and fed up with all of it. I hope he does receive a custodial as he isn't safe to drive at all.

Drink driving arrest advice please - Andrew-T

I'm surprised he can afford to drink at that rate, never mind any other considerations. I presume he is a true alcoholic ? I've never knowingly known one, but I know someone who was married to one. It seems that there is no cure until they stop believing that they have no problem.

Drink driving arrest advice please - Adampr

I can only imagine he's going to jail, and for longer than last time.

He needs to go to Alcoholics Anonymous. Drink driving is never OK, but it's not like he's a youngster doing something stupid or an old boy who 'knows' he can drive after four points; 7x the limit is absolutely hammered and a non-alcoholic would not be able to drink that much without throwing up or falling asleep.

Drink driving arrest advice please - Middleman

I can only imagine he's going to jail, and for longer than last time.

If he goes to prison at all, he won't be going for longer than the last time. The maximum sentence for excess alcohol is six months. I don't quite understand how he served half of that last time. All prisoners serving a determinate sentence are released unconditionally at the half way point. As well as that, those sentenced to between three months and four years are released on "Home Detention Curfew". For sentences up to eighteen months they are released after serving one quarter of their sentence (a different calculation applies for sentences over eighteen months). So six months becomes six weeks.

Edited by Middleman on 09/09/2022 at 15:59

Drink driving arrest advice please - Andrew-T

<< All prisoners serving a determinate sentence are released unconditionally at the half way point. As well as that, those sentenced to between three months and four years are released on "Home Detention Curfew". >>

At the risk of going off at a tangent, can Middleman explain the purpose and meaning of sentences when protocol dictates that they never happen ? I've always wondered.

Drink driving arrest advice please - Middleman

I've always wondered.

So have I. :-)

Drink driving arrest advice please - focussed

I am also wondering why the subject of this thread has apparently been able to have his driving licence returned after these DD offences?

I was under the impression that passing an extended driving test was mandatory before the return of the licence after a serious DD offence - but perhaps not in the light of this thread.

And how in hell's name does he get insurance with his driving record?

Drink driving arrest advice please - Warning

He should not buy a car.

Drink driving arrest advice please - Crickleymal

He should not buy a car.

Well duh!