Over the limit

[SGCW124]

A close friend got stopped and failed the breathalyser a few days ago due in court this week.

Any advice I can pass on as to what she can say if anything in court?

she is truly shocked and contrite

Steve
btw it really is a friend and not me!!

 

[Howard]

How about , ' I'm sorry ..... I was silly'

Doubt it will help , drink driving is a menace that needs to be stamped out , i expect they will lose their licence ....

Pointless trying to blag it that she needs the car for work/kids etc ...

A pal of mine just got banned for a year for DD and he needs his car as he has to visit several locations a day on the Thames , it's not part of his job , it is his job ... so now he has bought a pushbike and cycles up and down the towpath in all weathers.....

It was his own fault ...... did your friend really need to have a drink or three before she got in the car ?

 

[ADY1983]

Yep, probably my uncle lost his for a year...
Answer is dont take any chances, I don't, easy for me to say I guess, as I am not a big drinker, so I always offer to drive. As most of my mates dont think twice about having a 1 drink, if they are driving.

 

[BonzoDog]

If she is truly contrite she might want to volunteer to surrender her licence for a year, do some good deed and offer a box of decent whisky to the bench.

 

[Benzowner]

If she is truly contrite she might want to volunteer to surrender her licence for a year, do some good deed and offer a box of decent whisky to the bench.

First offence, she will probably be offerd 18 month ban and fine, but if you attend a rehab class, the ban will be reduced to 12 months. Thats what a buddy of mine was given, but it will depend on how much over the limit she was.

 

[glojo]

A close friend got stopped and failed the breathalyser a few days ago due in court this week.

Any advice I can pass on as to what she can say if anything in court?

she is truly shocked and contrite

Steve
btw it really is a friend and not me!!

I respect your loyalty, and can understand why your asking. Over the years there have been any number of highly experienced advocates getting their clients off of this motoring offence and each time the loophole gets blocked. If your friend has actually been charged with 'Drink Driving' then the chances of getting less than a 12 month ban are slim to none. Hopefully she was not too far over the limit and I would recommend she concentrate on being contrite and saying it was a regrettable one off.

In the age we live I cannot in all conscious wish her good luck. She has been silly and this is going to be a very expensive lesson (Increased insurance premiums on completion of the ban)

Regards,
John

 

[Pietre]

I think it stays for 10 years on driving record for insurance. Not really worth the risk. Pubs should do more to advocate the designated driver by supplying cheaper soft drinks, but then that is where most of thier profit comes from. She may be sorry but she would feel much worse had there been an accident and she had injured someone, so there is at least one positive aspect.

 

[Bobby Dazzler]

Pubs should do more to advocate the designated driver by supplying cheaper soft drinks, but then that is where most of thier profit comes from.

With you there.

About 15 years ago a local pub started doing free draught soft drinks 'for the driver' if buying one or more alcoholic drinks. Sadly didn't last long.

Surely the cost of a draught soft drink is negligable, and easily recouped by others in a group of friends having more to drink?

 

[Parrot of Doom]

Tell her to sell her car and cancel the insurance. Then start looking at other options, such as cycling or public transport.

She won't be driving legally for a minimum of 12 months.

 

[BonzoDog]

Believe me or believe me not, many years ago in Texas (be careful how you pronounce the 'as' in Texas as that's Dubya's state), when leaving a bar in the dark hours, I was astonsihed to see what were either the security guards (it was an enormous bar) or the police (hard to tell the difference) were helping the poor good ole boys who, unable to stand up, were unable to make it to their pick-ups, to find, enter and sit in said pick-ups. Pick ups of course had the obligatory rifle strapped to the back window and the good ole boys had jeans and cowboy hats and no idea what they were doing.
Dubya - it expalins a lot.

 

[glojo]

I think this thread is highlighting why fatal\accident statistics have slowed down in recent years. Contrary to the silly speed campaigns which are not winning over the spport I think the government wanted? Drink driving is now very much a big no, no and is generally socially unacceptable. However I am sure there are a few of us here that only used to drive home if we were too drunk to walk!!

I used to live in a very small village (two doors away from the one pub) I can always remember old farmer Joe staggering out of the pub at about 2am, weaving a zig-zag course to his old Humber and then drive home bouncing off hedgerows as he drove to his farm.

It would be quite common for the local bobby to knock on the window and come in for his 'nightcap' and witness Joe in his corner propping up the wall. Being a young man on leave with a bit of money and a wicked sense of humour one night when the constable had a pint too many I sneaked out into the yard and tied a rope around the back bumper of the Police car and secured the rope to the wooden fence. I hoped the constable would simply stall the car, but such was the state of Mr Plod, he stalled it a couple of times, then drove off with about 12ft of fencing chasing his car. On his next visit to the pub he told us all how vandals had tied a piece of fencing to his car whilst it was parked in the police station car park

But we knew different Happy days.

Just remember do NOT drink and drive

Regards,
John

 

[SG CL500]

I think she is well and truely shafted, if you'll pardon the expression - very little sympathy around.

bonzo - i thought the US was very anti-D&D and heard stories of the bar's being liable for any claims if they served somebody who then drove & had an accident - this may either be more up to date info or, of course, complete rubbish!

bobby - shame that didn't last long, great initiative.

The local cab firm makes good money from me as I unfortunately () have to go to corporate marketing events which, naturally, include a good serving of alcohol - i plan my travels around such events to completely avoid being put in a situation of possibly drinking then having to drive home.

Tell her the good news is that she's just found a good way to get fit

 

[BonzoDog]

I think she is well and truely shafted, if you'll pardon the expression - very little sympathy around.

bonzo - i thought the US was very anti-D&D and heard stories of the bar's being liable for any claims if they served somebody who then drove & had an accident - this may either be more up to date info or, of course, complete rubbish!

:

It certainly is now. Around that time MADD (Mothers against Drunken Drivers - Mothers in this case being just Mothers and not Mothers, as in Mothers, Jugs and Speed, if I haven't lost everybody yet) was getting going but Texas then, as now, was a law unto itself and a big liability to the US.

 

[SGCW124]

I do have young children and so am acutely aware of the potential for tradgedy. AFAIK She has has a blemish free lisence for probably 25 years

It's definately a fair cop and she has no qualms with that , I just wondered if anyone had an oppinion of what and how ,to say in court to both acknowlege the crime and convey regrets about drink driving.

I have read tales of woe in papers that seemed to be more about regretting being caught rather than regretting committing the offence. I feel that there is a big difference in basic atitutude (and probable future conduct) between the two.

btw no accident occured.


Steve

 

[grober]

the morning after the night before

The one to be careful about is the morning after the night before---where folks that have imbibed quite a few the night before and havn't driven---got home by taxi,friends, minibus whatever. Next day get up ---possibly with a hangover--- merrily get in their car to drive to work----NOT realising that they are still driving under the influence----
get involved in a minor RTA------- LICENCE LOST!!!!!

 

[Sp!ke]

Big problem now is people opting to take a pill or something instead of drinking so they can drive (much less chance of being caught).

See it all the time in London. Just look for really happy people drinking lotsa water.

 

[SG CL500]

The one to be careful about is the morning after the night before---where folks that have imbibed quite a few the night before and havn't driven---got home by taxi,friends, minibus whatever. Next day get up ---possibly with a hangover---

yep been there - another bl**dy taxi!

 

[Dieselman]

Big problem now is people opting to take a pill or something instead of drinking so they can drive (much less chance of being caught).

See it all the time in London. Just look for really happy people drinking lotsa water.

Fortunately the Po-lice are now onto this and are conducting roadside tests followed by blood samples.
Hampshire Police now have a £50k piece of kit to test for most known drugs. they take a swab from the steering wheel and test it. It looks great but is still under evaluation at the moment.

 

[GrahamC230K]

Fortunately the Po-lice are now onto this and are conducting roadside tests followed by blood samples.
Hampshire Police now have a £50k piece of kit to test for most known drugs. they take a swab from the steering wheel and test it. It looks great but is still under evaluation at the moment.

Somebody watched Traffic Cops last night!

 

[Sp!ke]

still under evaluation at the moment.

Thats the problem you see.

The problem is the actual usefulness of this evidence since there are no defined limits for driving under the influence of drugs. Lets say someone does get stopped, then swabbed and then blood tested and it can be proved that a person had traces of say cannabis in his system. Does that necessarilly mean he was "driving under the influence" of said substance? Or could it be these traces were from three days+ ago, or perhaps even because he was the unfortunate subject of passive smoking?

Under the influence could mean up to a few hours after consumption for certain quantities for cannabis, and perhaps as little as half an hour for something like cocaine, it could be more of course but then does anyone know this for a fact. If someone has a joint on a Saturday night, does that mean they shouldnt be driving a week later as they still have traces in their system?

Until very detailed tests have been conducted and specific levels, types and times are defined in law, any half decent lawyer will be able to trounce driving under the influence of drugs charges.

Myself, I dont think the current bluffing by the powers that be is such a good tactic.