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Drink driving - possible sentence? - Kat77
Hi there. Am new to this site but wondered if anyone had any advice for me? My finance was stupidly caught drink driving in the early hours of yesterday morning. Pulled over in routine check, no accident, no other vehicles involved. Blew 73mg breath - arrested, charged and bailed before magistrates 29/05/08. Problem. He was convicted of exactly the same offence in July/Aug 1998. Served 1 year ban (reduced to 9 months for alcohol awareness course). Has had no other convictions of any sort since. I understand that as he's (only just) within 10 years of original offence, he'll be treated as a re-offender and probably a high risk one at that. He expects and accepts the mandatory 3 yr ban with fine, but our huge concern is that the magistrate may apply a custodial sentence. Anyone had a similar experience and can give any advice on whether they think a custodial is likely?
Drink driving - possible sentence? - zookeeper
maybe it would of been better for him if he had refused a breath sample, he would still get banned and fined but he wouldnt be burdened with a second drink drive offence
Drink driving - possible sentence? - Bill Payer
I don't know, but the prison's are bursting aren't they? I imagine it's pretty difficult to get sent to jail for anything at the moment, and I can't for the life of me imagine that a second DD conviction with almost 10yrs since the last one would be within a million miles of a custodial sentence.
Drink driving - possible sentence? - ifithelps
Kat,

Never say never, but I think your clown of a boyfriend has got more chance of winning the Lottery than going to prison in the circumstances you describe.

Ten years since last offence is practically no previous, although if there is something he hasn't told you, now is the time to own up.

Tell him to get himself a decent local solicitor - the bench doesn't take kindly to lectures from flash out of towners they've never seen before.

Oh, and of course the other thing he'll need for the forseeable future is a bus pass.

Edited by ifithelps on 18/05/2008 at 14:22

Drink driving - possible sentence? - Falkirk Bairn
No real chance of Prison but 2nd offence means at least a 3 year ban and a very hefty fine say £500+

Undoubtedly there will be some attention to his overall drinking habits - attendance at Drink Reduction as part of his sentence.
Drink driving - possible sentence? - drupert

< snip >

Just registered, and first post plugging another website - please email the moderators if you're genuine and I've been over enthusiastic with the edit button. Otherwise, email HJ for advertising rates :) Thanks

Edited by PoloGirl on 08/02/2009 at 19:57

Drink driving - possible sentence? - jbif
I understand that as he's (only just) within 10 years of original offence, he'll be treated as a re-offender ....


www.lawontheweb.co.uk/rehabact.htm

Rehabilitation of Offenders Act 1974
Endorsements
An endorsement is not a 'disability, prohibition or other penalty' within the meaning of the Act, and therefore it cannot affect the rehabilitation period of a motoring conviction. So, for example, if a motorist is fined for drink driving and has his or her licence endorsed, the rehabilitation period would be five years (the length applicable to the fine) rather than 11 years (the length of time before a driver convicted of drink driving is entitled to a clean driving licence).

www.legislation.gov.uk/si/si2007/pdf/uksi_20072149...f
www.opsi.gov.uk/legislation/scotland/ssi2003/20030...m
www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1974/cu...1

Edited by jbif on 18/05/2008 at 14:36

Drink driving - possible sentence? - Dwight Van Driver
Driving over the prescribed limit can attract (maximum) 6 months imp, fine of £5000 or both when tried summarily. Obligatory disqualification for a term the mags feel fit. If not disqualified for special reasons then 5 - 11 points.

In the case of a second offence within 10 years of its commission a previous conviction for like then the mimimum period of disqualification has to be 3 years.

Road Traffic Offenders Act 1988, Sch 2 and Section 34.

If you?re disqualified for some alcohol related offences, the Driver and Vehicle Licensing Agency (DVLA) will make medical enquiries before your driving licence can be renewed.

These offences are:

disqualified with an alcohol level of over 200mg in 100ml of blood, or 87.5mg in 100ml of breath, or 267.5mg in 100ml of urine

two disqualifications within 10 years for drinking and driving, or being in charge of a vehicle while unfit through drink

disqualified for refusing or failing to supply a specimen for analysis

As well as paying a higher fee to renew your driving licence, you may also have to attend and pay for a medical examination.

One cannot be dogmatic and state imprisonment will not be involved as it will depend on the circumstances/gravity of the case. It is an option for the bench. Suffice to say there is a probability that it will not be invoked for reason stated above.

Also as stated this is a case where you need good legal representation.

dvd
Drink driving - possible sentence? - Roly93
I think he will have difficulty avoiding the 3yr ban. However the good news is that a custodial sentence is highly unlikely under the circumstances and as someone else has pointed out - current prison population policy.
Drink driving - possible sentence? - oldnotbold
I know someone who was up for his second DD offence within about eight years, two years ago. He got a three year ban. No possibility of a prison sentence AFAIK.
Drink driving - possible sentence? - doctorchris
Don't want to patronise or lecture but 2 drink driving offences even at an interval of 10 years may suggest an alcohol problem.
If this is also apparent to you then take a look at the AA website www.alcoholics-anonymous.org.uk/
I know that doctors and GP's are generally not good at dealing with such problems.
Of course, I may be totally off track here and if so, ignore me, evevn treat me with the disdain that you may feel.
Drink driving - possible sentence? - ifithelps
>>...may suggest an alcohol problem.>>

Doc,

I'm with you - the guy's blown more than twice the legal limit which suggests a keen interest in the booze and a contempt for the drink/drive law.

Drink driving - possible sentence? - pendulum
You say he was convicted of the offence in Jul/Aug 1998. Does it not go by the date of the offence rather than the date of conviction? Has more than 10 years passed before the date of the offence and the date of this new offence?
Drink driving - possible sentence? - Dwight Van Driver
...ten years back from commission of current offence.

dvd
Drink driving - possible sentence? - Kat77
Hi - I'm not sure how to reply to everyone's posts so hope that all who kindly responded to my query can see this...Thank you very much for all your answers - really appreciated. No offence taken to any of them. Now just have to wait about 10 days for the magistrate's hearing! Thanks again...
Drink driving - possible sentence? - doctorchris
Kat, your kind thanks are all that we need on this site.
Drink driving - possible sentence? - Mapmaker
Not to detract from the seriousness of the offence, and not to disagree with doctorchris at all. Merely to say that I don't think you can suggest (as somebody else did) that the chap has an alcohol problem *just* because he is twice over the DD limit. Three pints of beer does that.

Equally I don't imagine he will get a custodial sentence. Moreover I hope he will not get one as it would be a waste of the nation's resources. Having to be driven everywhere will be plenty of punishment enough.

And equally, from what I know of people who are caught DUI it won't be the only time he will have done it, and twice won't be the drunkest he'll ever have been. Just remember, OP, if he'd killed somebody whilst drunk driving they'd have thrown away the key. It seems somehow unjust that two drunk drivers, one unlucky enough to kill somebody, the other not so unlucky, are treated so differently.

My father had to go to one of the Scandanavian countries probably thirty years ago to get a contract signed. The senior Government official was spending a statutory week in prison as a result of a DD offence. So my father turned up to the prison to get the signature, and went with a posse of his colleagues who considered it nothing out of the ordinary. It was standard practice. If you bang people up too easily then it is no deterrent.


Drink driving - possible sentence? - FotheringtonThomas
It seems somehow unjust that two drunk drivers one unlucky enough
to kill somebody the other not so unlucky are treated so differently.


This is the same for very many motoring offences.
Drink driving - possible sentence? - Lud
I think what Mapmaker is really driving at is that it seems unfair, not to say idiotic, that safe over-the-limit drivers get banned from driving while dangerous idiots are left free to kill people on the roads merely because they aren't drinkers... As for justice, its links with the law have always been tenuous to put it mildly.
Drink driving - possible sentence? - doctorchris
I feel that things are getting confused here.
The law dictates a certain level of alcohol in the bloodstream that may present a danger to that driver and other people. In the UK that level is higher than in other countries.
If a driver's judgement of his alcohol intake tells him that he will not exceed that limit then good luck to him. However, as the level of alcohol in the blood is multifactorial then that judgement may be incorrect.
When one's consumption of alcohol has reached a certain point then that alcohol significantly impairs judgement, in this case regarding ability to drive safely.
The lack of traffic police in this country these days does mean that driving whilst over the alcohol limit is not difficult to get away with. This applies both to the normally careful driver who may remain relatively safe and the maniac who, under the influence of alcohol becomes more maniacal.
However, we cannot develop a system which includes how safe or maniacal a driver is into the drink driving laws.
Personally, I feel that the only sensible system is to set the safe limit at zero alcohol in the bloodstream. Hence, sensible and maniacal drivers both know where they stand.
Drink driving - possible sentence? - Lud
I agree with everything you say doctorchris except the last thing (a zero level). I think that is what they have in Sweden (see Mapmaker's post above), so that a few scoops the night before can make a staid and respectable Volvo pilot technically 'drunk' on the way to work the next day.

That's fine for the Swedes no doubt, all part of life's rich tapestry, but it would be a galloping pain for many people here and would put most of the remaining country pubs out of business. PC gone mad, and more than a bit uncivilised, is the way it would feel.
Drink driving - possible sentence? - doctorchris
The country pub issue is easily dealt with, as we lads did in the 1970's, one person drives and drinks soft drinks, the rest get bladdered as they wish.
The "morning after" issue is more difficult. I can only suggest a personal breathalyser or abstaining from alcohol until the early evening before driving on the morrow.
I hope I do not offend when I admit to being an alcoholic in recovery. I hope that my comments will carry more weight as a result of this revelation.
Alcohol is a dangerous but socially accepted drug. If it were discovered today rather than many thousands of years ago, it would be totally banned due to it's toxicity and awful side effects.
Drink driving - possible sentence? - Lud
No, you don't offend at all dc. It makes what you say all the more incontrovertible, all of it.

But I hope I don't offend by admitting to being an old-fashioned libertarian on these matters. I suppose many in the alcohol-using western societies are tiptoeing cautiously around on the fringes of alcoholism, and of course we have all experienced the dire effects of drunkenness on behaviour and personality, in ourselves and in others.

Nevertheless it's a somewhat ambiguous part of our 'culture' and many of us as you know are fairly comfortable with its contradictions. Perhaps in future it will be banned or severely repressed, and no doubt we will live longer and healthier lives as a result. Liking the odd drink, or even the regular few drinks, is nothing to feel smug about, but nor is it a sign of demonic possession.
Drink driving - possible sentence? - Harleyman
Perhaps in future it will be banned or
severely repressed and no doubt we will live longer and healthier lives as a result.
Liking the odd drink or even the regular few drinks is nothing to feel smug
about but nor is it a sign of demonic possession.


With the greatest of respect and sympathy to doctorchris, I have to disagree slightly Lud.

We will not live longer if alcohol, cigarettes, fatty foods, fast cars, motorbikes et cetera ad infinitum are banned.... it will just feel like a lot longer!
Drink driving - possible sentence? - Lud
We will not live longer if alcohol cigarettes fatty foods fast cars motorbikes et cetera
ad infinitum are banned.... it will just feel like a lot longer!


That isn't just a joke actually Harleyman, it is true in an everyday sense.

Humans use intoxicants to make their lives more tolerable, to release emotion or just have a holiday, by way of altered consciousness, from normal reality. Clearly they do this because normal everyday reality becomes, for many of them, a bit burdensome in one way or another.

In a perfect world in which everyone was happy and fulfilled and in tip-top physical and mental condition, drink and drugs would fall out of fashion. They wouldn't improve things in any way but would still have whatever side effects they have.

But that isn't the world we live in. We live in an imperfect, stressful one in which we need to watch out for the cure as well as the disease. For example the ancient, and still current, medical standby opium is an unparallelled specific against pain and discomfort when used properly. But it is quite addictive in all its forms and bad for people if used to excess (indeed it is an effective poison too in quite small doses). 'In nothing too much' (Socrates).
Drink driving - possible sentence? - Westpig
someone once said to Bernard Manning that if he gave up smoking, moderated his drinking and did a bit of exercise, he could put at least 3 years on his life..

he thought about it for a moment and then replied "ah yes, but that would be the last 3 wouldn't it"..
Drink driving - possible sentence? - FotheringtonThomas
Personally I feel that the only sensible system is to set the safe limit at
zero alcohol in the bloodstream. Hence sensible and maniacal drivers both
know where they stand.


Sensible drivers know where they stand in any case. Maniacs should not be on the road.
IMO the "limit" in this country is very reasonable.
Drink driving - possible sentence? - PleaseAdvise
Where do I start. I've made one of the greatest mistakes of my life.

I drove whilst extremely over the limit, Four times. I read 148 (35 being legal).

I lost control and went into a ditch. Court hearing In January 2009. Pleaded guilty and put my hands up to what was a very ridiculous thing to do.

Will I go prison? Not an excuse but It was my first offense, no previous criminal records. Was on my own, did not cause and damage to myself, the public or property.

Rightly so, Im really scared.

Drink driving - possible sentence? - M.M
What was the reading from blood test?
Drink driving - possible sentence? - smokie
OP says 148 (2nd line)
Drink driving - possible sentence? - rtj70
OP doesn't say if that reading was from his breath or from blood though.
Drink driving - possible sentence? - Pugugly
He says the limit is 35 which implies breath.
Drink driving - possible sentence? - ifithelps
Four times the legal limit is a canny scoop of drink, but the bench will have seen worse.

The chances of you going to prison for a first drink drive offence, which is also your first offence of any kind, are remote.

From what you say, the less said about the offence, the better.

Time to get your mitigation in order, which you have already started - previous good character.

There must be other good things you can say about yourself.

Do you have a job? Do any charity work? Can you get one or two people you know to write a reference?

Get your finances in order, so you are in a position to make an offer to pay the inevitable large fine/prosecution costs.

You'll not need the car for a couple of years, so maybe sell it and put the money aside.

This will show the bench you have thought about what you did and are doing your best to sort it out.

Drink driving - possible sentence? - zookeeper
plead poverty, should get you 3 year ban and 200 community service...let us know how you get on ( in the worse case scenario , do they have internet access in prison) ?
Drink driving - possible sentence? - M.M
I asked about the blood reading to double check the 148 really was a breath reading not blood... it's high for a breath reading!

Have a look at this online sentence calculator... no idea how accurate it is but putting in 148 as a breath reading gives a sobering outcome.

www.drinkdriving.org/drink_driving_sentencing_guid...p
Drink driving - possible sentence? - CQ
You aren't given the option of a blood or urine test if blowing over fifty on the intoximeter.No defence as such, go to court suited and booted, show remorse, if you can get two "professional people" or upstanding members of the community to write a reference, all the better. Differentiate yourself from the hoodie brigade that populate our courts, good luck. A fine (means tested) and I would guess some community service. Oh and twenty seven months on public transport.

Edited by CQ on 14/12/2009 at 12:22