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Drink Driving...
(hope this is the right place for this? if not can a mod move)
Heres how it is, my brother was recently charged with drink driving, heres the story:
He went to a 21st party and got pretty drunk, it finished at like 1-2 at which point he slept. He woke up at 6am and stupidly decided to drive our dads car home from the party. He wasn't 'drunk' at the time, but obviously due to drinking only hours before there was still alcohol in his system. He was in an area he'd never been before, and didnt brake enough for a junction, went straight over it and crashed into a tree.
He was 100% physically fine, no injuries (luckily) but the car wasn't as luckily. Noone else was involved in the accident. He phoned the police straight away and when they came he was fully cooperative. He tested over the drink drive limit both at the roadside and at the station, the lowest of which was 70mg (the limit is 35).
Now, this is his first ever offence, and he fully cooperated with the police, and is an upstanding citizen (however, obviously an idiot for driving over the limit..)
He has a court date in 2 weeks, and I was wondering if anyone knew what kind of punishment he will be facing? I've looked at a number of websites but can't really find the correct answer, and was wondering if anyone has been/or knows someone in the same situation. My guess is a fine and a 1-2 year ban, is this realistic?
No time for idiots who say 'omg what a dick' or anything, whats happened has happened and he regrets it, I just want some info.
Cheers.
Heres how it is, my brother was recently charged with drink driving, heres the story:
He went to a 21st party and got pretty drunk, it finished at like 1-2 at which point he slept. He woke up at 6am and stupidly decided to drive our dads car home from the party. He wasn't 'drunk' at the time, but obviously due to drinking only hours before there was still alcohol in his system. He was in an area he'd never been before, and didnt brake enough for a junction, went straight over it and crashed into a tree.
He was 100% physically fine, no injuries (luckily) but the car wasn't as luckily. Noone else was involved in the accident. He phoned the police straight away and when they came he was fully cooperative. He tested over the drink drive limit both at the roadside and at the station, the lowest of which was 70mg (the limit is 35).
Now, this is his first ever offence, and he fully cooperated with the police, and is an upstanding citizen (however, obviously an idiot for driving over the limit..)
He has a court date in 2 weeks, and I was wondering if anyone knew what kind of punishment he will be facing? I've looked at a number of websites but can't really find the correct answer, and was wondering if anyone has been/or knows someone in the same situation. My guess is a fine and a 1-2 year ban, is this realistic?
No time for idiots who say 'omg what a dick' or anything, whats happened has happened and he regrets it, I just want some info.
Cheers.
Scroll to see replies
Points or a ban... At worst he'll get both.
And a fine possibly.
Hopefully they'll take into consideration that he did call the police etc.
Guess it depends on the mood of the Judge at the time.
And a fine possibly.
Hopefully they'll take into consideration that he did call the police etc.
Guess it depends on the mood of the Judge at the time.
http://www.direct.gov.uk/en/TravelAndTransport/Highwaycode/DG_069870
They are maximum penalties.
They are maximum penalties.
for first offence he will recieve a 1 year ban and a fine
he should be more worried about his job prospects though. DUI doesnt go down to well with professional jobs. I think that there will be a record of his convicition for a further 10 years ??
ps: my brother went through this a couple years back, he was 'only' over 3 times the limit (considering how long he had been on the bevy for)
he should be more worried about his job prospects though. DUI doesnt go down to well with professional jobs. I think that there will be a record of his convicition for a further 10 years ??
ps: my brother went through this a couple years back, he was 'only' over 3 times the limit (considering how long he had been on the bevy for)
Drink driving is taken very seriously and there is no excuse. The court will not take into account that it's that he's good citizen, not know the area ect. I would suggest not using being a new area as an excuse as you should be able to control the car safety no matter what, and it doesn't excuse drinking.
He will be banned, there is no choice in this (well there has to be exceptional circumstances not to be as it is the recommended punishment). He should not get points because he'll be disqualified. Up to £5000 fine or 6 months prison (although prison is very unlikely if no one was hurt and with that BAL).
Fine is set by court based on individual circumstances including disposable income and outgoings. For that BAL, about 125%-175% of weekly income is recommended.
For a BAL of 70, the guidance to courts is for between 12-18 month ban. Maybe with up to 25% off that ban if they offer a drink driving course and your brother takes it.
Search for PePiPoo (I'm serious), it's a forum that gives advice to motorists who have committed offences.
In the end, these are all guidelines and the court can do what it likes. Get your brother to own up, not make excuses and be polite and well dressed. If anyone else (not your brother) will be seriously affected by your brother's ban, he may get away with points and a heavy fine but this is very rare.
He will be banned, there is no choice in this (well there has to be exceptional circumstances not to be as it is the recommended punishment). He should not get points because he'll be disqualified. Up to £5000 fine or 6 months prison (although prison is very unlikely if no one was hurt and with that BAL).
Fine is set by court based on individual circumstances including disposable income and outgoings. For that BAL, about 125%-175% of weekly income is recommended.
For a BAL of 70, the guidance to courts is for between 12-18 month ban. Maybe with up to 25% off that ban if they offer a drink driving course and your brother takes it.
Search for PePiPoo (I'm serious), it's a forum that gives advice to motorists who have committed offences.
In the end, these are all guidelines and the court can do what it likes. Get your brother to own up, not make excuses and be polite and well dressed. If anyone else (not your brother) will be seriously affected by your brother's ban, he may get away with points and a heavy fine but this is very rare.
Hell get banned, of that there is no doubt. It depends on the judge who is taking the hearing but one of my friends was banned for 2 years after his first offense and his reading was a similar one to your brothers. He may also get fined, but as the above poster says it will be on his record for a long time and that is the thing that could hurt him most
The government has cracked down on this in the past decade and a 1 year ban is, to all intents and purposes, the absolute minimum a magistrate can give.
As he is a definite multiple of the limit (2x) and he is young, it is quite possible it could be more than that. A fine, criminal record, higher insurance for the next several years, and stuck on his driving licence for the next 11 years.
The 'funny' thing is that, had he just left the car in the tree and buggered off home, he'd probably have got away with it.
As he is a definite multiple of the limit (2x) and he is young, it is quite possible it could be more than that. A fine, criminal record, higher insurance for the next several years, and stuck on his driving licence for the next 11 years.
The 'funny' thing is that, had he just left the car in the tree and buggered off home, he'd probably have got away with it.
bestie
Drink driving is taken very seriously and there is no excuse. The court will not take into account that it's that he's good citizen, not know the area ect. I would suggest not using being a new area as an excuse as you should be able to control the car safety no matter what, and it doesn't excuse drinking.
He will be banned, there is no choice in this (well there has to be exceptional circumstances not to be as it is the recommended punishment). He should not get points because he'll be disqualified. Up to £5000 fine or 6 months prison (although prison is very unlikely if no one was hurt and with that BAL).
Fine is set by court based on individual circumstances including disposable income and outgoings. For that BAL, about 125%-175% of weekly income is recommended.
For a BAL of 70, the guidance to courts is for between 12-18 month ban. Maybe with up to 25% off that ban if they offer a drink driving course and your brother takes it.
Search for PePiPoo (I'm serious), it's a forum that gives advice to motorists who have committed offences.
In the end, these are all guidelines and the court can do what it likes. Get your brother to own up, not make excuses and be polite and well dressed. If anyone else (not your brother) will be seriously affected by your brother's ban, he may get away with points and a heavy fine but this is very rare.
He will be banned, there is no choice in this (well there has to be exceptional circumstances not to be as it is the recommended punishment). He should not get points because he'll be disqualified. Up to £5000 fine or 6 months prison (although prison is very unlikely if no one was hurt and with that BAL).
Fine is set by court based on individual circumstances including disposable income and outgoings. For that BAL, about 125%-175% of weekly income is recommended.
For a BAL of 70, the guidance to courts is for between 12-18 month ban. Maybe with up to 25% off that ban if they offer a drink driving course and your brother takes it.
Search for PePiPoo (I'm serious), it's a forum that gives advice to motorists who have committed offences.
In the end, these are all guidelines and the court can do what it likes. Get your brother to own up, not make excuses and be polite and well dressed. If anyone else (not your brother) will be seriously affected by your brother's ban, he may get away with points and a heavy fine but this is very rare.
Thanks for the info. Just found the actual sheet of paper from the police his BAL was actually 75. Would this make a difference, or is 12-18 months still likely?
He would do the drink driving course aswell. Thanks for the info at the end, he's obviously pleading guilty and me and him will be both there dressed smartly and (without sounding like an idiot), we are both polite.
Thanks.
Points, maybe a fine and ban?
Khanage
Thanks for the info. Just found the actual sheet of paper from the police his BAL was actually 75. Would this make a difference, or is 12-18 months still likely?
He would do the drink driving course aswell. Thanks for the info at the end, he's obviously pleading guilty and me and him will be both there dressed smartly and (without sounding like an idiot), we are both polite.
Thanks.
He would do the drink driving course aswell. Thanks for the info at the end, he's obviously pleading guilty and me and him will be both there dressed smartly and (without sounding like an idiot), we are both polite.
Thanks.
It does, 24 month ban with six months off if you attend the drink driving course is what the guidelines say.
Good luck, everyone makes mistakes.
a ban is obligatory in basic drink driving, 12 months upwards to 36. 3-11 points can also be handed out with this, as can a £5000 fine and a 6 month prison sentence (not saying he'll go to prison in this instance, he most likely won't, but it IS within their power and his barrister will have told him the same)
As to what he'll get in reality, I'd expect a 12 month upwards fine - the main factor here is that he had an accident. Whilst no one was hurt thankfully, the fact that he had an accident and was so far (double) the limit, means that he won't get off too lightly, but co-operating mixed with the fact that he drank the night before will probably act in his favour.. I'd expect a reasonable ban of between 1/2 years and a £500 fine or so.
As to what he'll get in reality, I'd expect a 12 month upwards fine - the main factor here is that he had an accident. Whilst no one was hurt thankfully, the fact that he had an accident and was so far (double) the limit, means that he won't get off too lightly, but co-operating mixed with the fact that he drank the night before will probably act in his favour.. I'd expect a reasonable ban of between 1/2 years and a £500 fine or so.
I'm sure I've had an argument about points before. Bans trump points. If he gets banned, which he will, he will not get points.
In any case drink-driving is a special case where points could only be awarded "where the court chooses not to disqualify as a result of special reasons". I've never heard of anyone, since the new obligatory 1 year ban came in, where someone has managed to escape a ban - it would be truly exceptional.
He will not get points. He will get banned, for somewhere between 1 and 2 years, and fined a multiple of his weekly earnings.
In any case drink-driving is a special case where points could only be awarded "where the court chooses not to disqualify as a result of special reasons". I've never heard of anyone, since the new obligatory 1 year ban came in, where someone has managed to escape a ban - it would be truly exceptional.
He will not get points. He will get banned, for somewhere between 1 and 2 years, and fined a multiple of his weekly earnings.
As others have said - he shouldnt get points but will def get a ban. It will probably also increase his insurance when he next goes to renew and wont look that great on job applications. :/
He wasn't drunk, but managed to crash into a tree. 
As others have said, looking at a ban.
As others have said, looking at a ban.
Sorry to say that it will probably be a ban, a deserved one at that. Might give him some time to think about what would have happend if he hit someone walking past that tree...
Hopefully he get's everything the law can throw at him!
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