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Chat Area => General Discussion Area => Topic started by: Sir Tigger KC on 24 January 2016, 16:22:24

Title: Drink driving penalties
Post by: Sir Tigger KC on 24 January 2016, 16:22:24
So I had a phone call from a tenant this morning to tell me that his girlfriend had had a car accident last night and it turned out she was 5x over the limit.  :o   Not only that but she lied to the Police about who was driving at the time and told them it was him but he'd done a runner!  >:(   Allegedly he was at home in his PJ's watching MOTD and luckily for him apparently there were witnesses to the accident.  :y

What I've been told is that she'd gone out for the evening and drove home a distance of about 40 miles mostly motorway and dual carriagway and lost control turning into her road, bouncing off 2 cars parked on the right and hitting a transit parked on the left. The Police said the damage to the transit suggests the car was in the air when it hit and indeed she rolled her car.  ::)

It turns out that she has already had a 2 year ban for drink driving, so what penalties might she face this time?  :-\  Might she get a custodial sentence?  ???
Title: Re: Drink driving penalties
Post by: wingman on 24 January 2016, 16:36:37
Highly likely I would think along with a further 3 year ban at least. She will also face prosecution for no insurance and possibly no licence. The only thing that may save her from an immediate custodial sentence is how long ago the previous ban was imposed. If this ban was nearly up then it is possible that with a good solicitor she may get a community order with a substantial period of unpaid work and other requirements such as a curfew.
Title: Re: Drink driving penalties
Post by: Gaffers on 24 January 2016, 16:47:57
I think that the fact she lied will also provoke a perverting the course of justice charge which will increase the likelihood of a custodial.  I hope he had the sense to change his relationship status to 'single'  ::)
Title: Re: Drink driving penalties
Post by: ronnyd on 24 January 2016, 16:56:46
What a nice "specimen" she appears to be, trying to blame her fella. Hope he gives her the big heave ho. :(
Title: Re: Drink driving penalties
Post by: moggy on 24 January 2016, 17:11:16
In 1986 i was caught d/d blew 176 in the breathalyzer,cop said it was the highest reading he had seen.I got a £200 fine,100 hrs community service,and six months in jail.3 months in winson green prison,in Birmingham and 3 months at fetherstone prison witch was fun.I don't think they hand out sentences like that now,but i was guilty and you do the crime you do the time.I forgot to add a 2 year ban.
Title: Re: Drink driving penalties
Post by: STEMO on 24 January 2016, 17:26:28
I don't think she would have got a custodial sentence for the second offence but, as has been said, perverting the course of justice is frowned upon. Stupid, inconsiderate girl.
Title: Re: Drink driving penalties
Post by: Sir Tigger KC on 24 January 2016, 17:40:25
I think that the fact she lied will also provoke a perverting the course of justice charge which will increase the likelihood of a custodial.  I hope he had the sense to change his relationship status to 'single'  ::)

Yes, and he wants to kick her out!  :y 

So that's where I come in and I'm trying to work out the best way to remove her from the tenancy quickly and legally.  ;)  If the silly bitch goes down it's a lot easier than if she dosn't and digs her heels in!  ::)
Title: Re: Drink driving penalties
Post by: STEMO on 24 January 2016, 17:44:00
I think that the fact she lied will also provoke a perverting the course of justice charge which will increase the likelihood of a custodial.  I hope he had the sense to change his relationship status to 'single'  ::)

Yes, and he wants to kick her out!  :y 

So that's where I come in and I'm trying to work out the best way to remove her from the tenancy quickly and legally.  ;)  If the silly bitch goes down it's a lot easier than if she dosn't and digs her heels in!  ::)
Can't you send one of your big, hairy associates round to have a word? If you're stuck, I know plenty of women like that.  ;D
Title: Re: Drink driving penalties
Post by: Sir Tigger KC on 24 January 2016, 17:54:37
I think that the fact she lied will also provoke a perverting the course of justice charge which will increase the likelihood of a custodial.  I hope he had the sense to change his relationship status to 'single'  ::)

Yes, and he wants to kick her out!  :y 

So that's where I come in and I'm trying to work out the best way to remove her from the tenancy quickly and legally.  ;)  If the silly bitch goes down it's a lot easier than if she dosn't and digs her heels in!  ::)
Can't you send one of your big, hairy associates round to have a word? If you're stuck, I know plenty of women OOFer's like that.  ;D

Any offers?  ::)
Title: Re: Drink driving penalties
Post by: BazaJT on 24 January 2016, 18:02:43
hopefully she will get a custodial for this,and possibly even learn her lesson.There is absolutely no excuse for drink driving,and then she compounds this by trying to blame someone else!!!
Title: Re: Drink driving penalties
Post by: Crazycarzowner on 24 January 2016, 18:51:18
Any previous offence within 10 years will result in a disqualification of at least 36 months.
If the Court takes the view that an offence is "so serious" that it can only be adequately punished by way of a prison sentence, then the Defendant can be sent to prison, even on the first offence. Clearly, "so serious" will depend upon the circumstances of the incident and the alcohol reading. Custodial sentences would normally be considered at readings of 116 ug breath / 265 mg of blood or 355 mg of urine.The Court will consider both aggravating and mitigating factors. Aggravating factors will increase the length of a ban, and could include lack of co–operation, having children in the car, being involved in an accident etc. Mitigating factors can reduce the severity of the penalty and can include a previously good record, co–operation with the Police, early plea, but with how you've described the events I'd be surprised if she doesn't get a custodial sentance (my opinion only).
Title: Re: Drink driving penalties
Post by: Sir Tigger KC on 24 January 2016, 18:56:48
I think he said she was 195 on the breath test.  :-\ 
Title: Re: Drink driving penalties
Post by: Crazycarzowner on 24 January 2016, 18:59:29
Bloody Hell!!!!  :o :o :o :o

No wonder she 'drove' home, she probably wouldn't be able to stand up!!!  :D :D :D

In all seriousness though the silly cow deserves locking up and will need a bloomin good solicitor to keep her out of clink!
Title: Re: Drink driving penalties
Post by: Lazydocker on 24 January 2016, 19:03:26
Bloody Hell!!!!  :o :o :o :o

No wonder she 'drove' home, she probably wouldn't be able to stand up!!!  :D :D :D

In all seriousness though the silly cow deserves locking up shooting and will need a bloomin good solicitor to keep her out of clink!

Fixed that for you ;) :y
Title: Re: Drink driving penalties
Post by: Crazycarzowner on 24 January 2016, 19:07:57
Bloody Hell!!!!  :o :o :o :o

No wonder she 'drove' home, she probably wouldn't be able to stand up!!!  :D :D :D

In all seriousness though the silly cow deserves locking up shooting and will need a bloomin good solicitor to keep her out of clink!

Fixed that for you ;) :y

If only  :-X :-X
Title: Re: Drink driving penalties
Post by: johnnydog on 24 January 2016, 22:52:01
At 195, being over 5 1/2 times over the limit, then I'm very surprised she managed to drive as far as she did without incident.
And don't believe the rubbish about 2 1/2 pints of beer putting you over the limit - in reality, it takes quite a bit more to put you over. That also includes typical 'female' drinks.
So in this totally irresponsible girls case, she must have been absolutely paralytic, so a prison sentence and throwing way the key wouldn't be punishment enough.
I've seen the horrific results of serious drink driving for more years than I wish to remember.....
Title: Re: Drink driving penalties
Post by: Andy B on 24 January 2016, 22:56:50
....
And don't believe the rubbish about 2 1/2 pints of beer putting you over the limit - in reality, it takes quite a bit more to put you over.  ......

That really does depend on 2.5 pints of what ...... but we're digressing
Title: Re: Drink driving penalties
Post by: johnnydog on 24 January 2016, 23:30:13
Going back to the subject of penalties, with that exceptionally high reading, and being her second offence with a 2 year ban on her first offence indicating she must have had a very high reading the first time, she could well be looking a 5 year ban. 3 years would be imposed on anyone with even just a 'marginally over' second offence within 10 years. I don't think the 'fairy story' of her boyfriend driving will be punished in its own right; perverting is for far more serious offences, and as her boyfriend wasn't actually put at jeopardy by her actions, it will be taken into account with the sentence for the main offence. Only saving grace is that it appears no one was injured as a result of her actions. All this just my opinion, of course.....
Title: Re: Drink driving penalties
Post by: Andy B on 24 January 2016, 23:33:04
.....
Only saving grace is that it appears no one was injured as a result of her actions. ..

by pure luck though
Title: Re: Drink driving penalties
Post by: GastronomicKleptomaniac on 25 January 2016, 09:10:51
Utter scum. Best mates car has just been written off by a DD who managed to push it up a kerb and into the side of a house. No excuse.
Title: Re: Drink driving penalties
Post by: 2boxerdogs on 25 January 2016, 16:47:40
Should lock her up stupid cow, and she definitely needs the heave ho.
Title: Re: Drink driving penalties
Post by: Crazycarzowner on 25 January 2016, 16:53:59
And don't believe the rubbish about 2 1/2 pints of beer putting you over the limit

Really???

I've had males & females who I've stopped who have only had 1 pint of lager  or a large glass of wine and failed the breathalyser. Even when I got them to custody and went on the intoxi-meter they still blew enough to put them over the 40mg threshold.
Title: Re: Drink driving penalties
Post by: Crazycarzowner on 25 January 2016, 17:21:01
I been to court with a female drink driver this morning, she blew 131 and has just been given a 2 year ban & £840 fine. This was a straight forward stop though.  :y :y :y :y
Title: Re: Drink driving penalties
Post by: LFF64 on 25 January 2016, 17:49:08
Simple if your are going to drive don't drink at all 
I can't see what good banning someone like that will do it won't stop her she didn't learn the first time and I doubt it will in the future
If she had of managed to get home and not get caught she would do it again !
If she gets banned what is there to stop her driving (watching police interceptors etc) you see all these uninsured non licenced etc drivers get bans but they will drive given half a chance they know they will get away with it and probably won't get caught for a while if they do what have they to loose the car is probably going to be worthless or stolen
I never understand how you can ban someone that does not have a licence in the first place
.
Title: Re: Drink driving penalties
Post by: STEMO on 25 January 2016, 18:01:26
I've never understood the notion that you can only drink, say, a pint of beer before you may be over the limit. Why drink anything?
When I was a drinker, it was ten pints or f**k all for me.  ;D
Title: Re: Drink driving penalties
Post by: BazaJT on 25 January 2016, 18:14:27
Oh so many years ago when I first passed my test I determined that one thing I'd never get "done" for was drink driving.Being an idle sod I wouldn't go out without I took the car.So the decision was a simple one and I gave up drinking.
Title: Re: Drink driving penalties
Post by: Gaffers on 25 January 2016, 18:20:44
I have on more than one occasion visited a wine expo in france where you pay a few euros and then go around sampling every single wine :P

Over the course of about 4 hours Imust have drunk nearly 2 bottles worth and ate a bagette sandwich.

On two occasions I tried the breathalyser brought in by the police for a laugh because I knew i wasnt driving and blew under, despite drinking a shed load of booze!  I was not in a fit state to drive and certainly wouldn't after drinking so much, but I couldn't understand it.
Title: Re: Drink driving penalties
Post by: 78bex on 25 January 2016, 21:48:28
Hardened drinker mate with possibly a drug habit.
She couldn`t get a fix so go plastered instead & probably slept thru the accident  :-X
it`s not the first or last time she will do something like this >:( god help her next victim.
Title: Re: Drink driving penalties
Post by: johnnydog on 25 January 2016, 22:52:28
And don't believe the rubbish about 2 1/2 pints of beer putting you over the limit

Really???

I've had males & females who I've stopped who have only had 1 pint of lager  or a large glass of wine and failed the breathalyser. Even when I got them to custody and went on the intoxi-meter they still blew enough to put them over the 40mg threshold.

I would say the amount offenders have had to drink relative to the amount they SAY they had to drink is grossly different. Jasonm - you're not telling me that you have not had offenders saying, "I've only only had two pints / a glass of wine Officer", and then blown over the limit. Surely you don't accept that someone has only had two pints or a glass of wine on their say so with a reading over 35mg (or over 40mg to be on the way to be prosecuted)? It's human nature, I would say, in a situation when faced with being breathalysed to be slightly shy of the truth about how much you had to drink, especially if you believe you may be over.....
Title: Re: Drink driving penalties
Post by: Terbs on 26 January 2016, 00:37:08
Sorry, no time for her......and after driving up the A35 towards Poole yesterday behind a woman on the phone who nearly caused two 'accidents', they should have the same treatment. !!!!!!! Ban phone users, and until they do, all our lives are as at much risk as drinkers !!!!!!
Title: Re: Drink driving penalties
Post by: Terbs on 26 January 2016, 00:45:00
I have also to say...what is the reaction/policy, if when stopped for whatever reason , a driver says..'I have had six pints'....and then blows under the limit !!!!!! :)
Title: Re: Drink driving penalties
Post by: Crazycarzowner on 26 January 2016, 17:24:45
And don't believe the rubbish about 2 1/2 pints of beer putting you over the limit

Really???

I've had males & females who I've stopped who have only had 1 pint of lager  or a large glass of wine and failed the breathalyser. Even when I got them to custody and went on the intoxi-meter they still blew enough to put them over the 40mg threshold.

I would say the amount offenders have had to drink relative to the amount they SAY they had to drink is grossly different. Jasonm - you're not telling me that you have not had offenders saying, "I've only only had two pints / a glass of wine Officer", and then blown over the limit. Surely you don't accept that someone has only had two pints or a glass of wine on their say so with a reading over 35mg (or over 40mg to be on the way to be prosecuted)? It's human nature, I would say, in a situation when faced with being breathalysed to be slightly shy of the truth about how much you had to drink, especially if you believe you may be over.....

There are loads of experiments that have been done this being one

 http://www.dailymail.co.uk/femail/article-2878116/Proof-just-one-glass-Christmas-cheer-limit-Five-women-different-drinking-habits-truly-sobering-experiment.html

Its not so much what / how much you drink but how your body reacts to it, just goes to show how these women react to the experiment. same with men too. And yes sometimes I do believe what SOME of my customers tell me, but they still get breathalysed.  :y
Title: Re: Drink driving penalties
Post by: RossPhim on 26 January 2016, 18:29:28
Its been made pretty easy for us 'northerners' now-a-days, where you merely have to sniff an alcoholic drink to be not far off the limit.
These days it really is a case of 'if you've had any, then don't get behind the wheel'.
 :)
Title: Re: Drink driving penalties
Post by: Andy B on 26 January 2016, 18:31:24
but then another test years ago on telly, along the same lines as above had people driving on a test track on varying amounts of booze. One woman thought she'd had several drinks & acted accordingly ie pissed ..... they'd actually only wiped the edge of the glass with booze, she could smell it & thought she'd been boozing.

Title: Re: Drink driving penalties
Post by: Migv6 le Frog Fan on 26 January 2016, 18:40:25
It varies greatly from one individual to another. Different people have different tolerances to alcohol, and the amount of food eaten recently can affect things too.
One person could be over the limit after two pints with their lunch, another might be under after 4 pints and having eaten nothing all day.
I have never been breathalysed, but I drive to the pub once a week and have one pint of lager and a second pint of shandy.
I believe Im fine with that, but cant say with 100% certainty.