Caught Drinking in the car
Discussion
My business partner who is 25 and only passed is test in March, was caught on Saturday night sitting in his car with his girlfriend drinking, he was outside his parents house, (where he lives) and had no intention of driving the car but the engine was running to keep them warm, he was arrested and re-tested at the police station with 40ml, kept in the cells for 9 hours then bailed to appear before the magistrates in a couple of weeks time.
What do you think the outcome will be (I think min 12 month ban but is there any chance of getting off?)
What do you think the outcome will be (I think min 12 month ban but is there any chance of getting off?)
colinrob said:
My business partner who is 25 and only passed is test in March, was caught on Saturday night sitting in his car with his girlfriend drinking, he was outside his parents house, (where he lives) and had no intention of driving the car but the engine was running to keep them warm, he was arrested and re-tested at the police station with 40ml, kept in the cells for 9 hours then bailed to appear before the magistrates in a couple of weeks time.
What do you think the outcome will be (I think min 12 month ban but is there any chance of getting off?)
Can't see how he can avoid the repercussions.What do you think the outcome will be (I think min 12 month ban but is there any chance of getting off?)
Silly chap though, what was he thinking drinking in the car, with the engine running? I would get an older and wiser business partner as well.
colinrob said:
My business partner who is 25 and only passed is test in March, was caught on Saturday night sitting in his car with his girlfriend drinking, he was outside his parents house, (where he lives) and had no intention of driving the car but the engine was running to keep them warm, he was arrested and re-tested at the police station with 40ml, kept in the cells for 9 hours then bailed to appear before the magistrates in a couple of weeks time.
What do you think the outcome will be (I think min 12 month ban but is there any chance of getting off?)
There is a statutory defense to Drunk in Charge. He will need to convince the Magistrate that on the balance of probability that he had no intention of driving whilst over the limit. Of course if he has been charged with Drink Driving that is a different matter.What do you think the outcome will be (I think min 12 month ban but is there any chance of getting off?)
http://www.mcmillansmotoringsolicitors.co.uk/natur...
In a similar vein my friend was also caught. He had been on a night out (with me) and for some reason instead of going home to his GF he went to his van which was parked on a public road in town. He started the engine to keep warm, didn't drive anywhere and fell asleep. Some time later he was woken by the police who breathalyzed him, processed him, blew 70+ and he was summoned to court.
He DIDNT get a ban. He got a fairly hefty fine and 9 points. He had been driving for over 2 years at this point hence the ability to carry 9 points. I believe his mitigating circumstances were to do with just starting a business and having a mortgage. He didn't have any kids however . . .
He DIDNT get a ban. He got a fairly hefty fine and 9 points. He had been driving for over 2 years at this point hence the ability to carry 9 points. I believe his mitigating circumstances were to do with just starting a business and having a mortgage. He didn't have any kids however . . .
Surely anyone with even the slightest bit of common sense would realise that's not a good idea.
I take it when you say sitting outside the car was on the road or was it on the driveway?
If it's on the driveway there might be slight hope but if it was on the road I'd imagine he's going to be getting the bus for 12 months.
I take it when you say sitting outside the car was on the road or was it on the driveway?
If it's on the driveway there might be slight hope but if it was on the road I'd imagine he's going to be getting the bus for 12 months.
colinrob said:
My business partner who is 25 and only passed is test in March, was caught on Saturday night sitting in his car with his girlfriend drinking, he was outside his parents house, (where he lives) and had no intention of driving the car but the engine was running to keep them warm, he was arrested and re-tested at the police station with 40ml, kept in the cells for 9 hours then bailed to appear before the magistrates in a couple of weeks time.
What do you think the outcome will be (I think min 12 month ban but is there any chance of getting off?)
Sounds like NG, or at worst 10 points. Assuming he is properly advised. What do you think the outcome will be (I think min 12 month ban but is there any chance of getting off?)
colinrob said:
My business partner who is 25 and only passed is test in March, was caught on Saturday night sitting in his car with his girlfriend drinking, he was outside his parents house, (where he lives) and had no intention of driving the car but the engine was running to keep them warm, he was arrested and re-tested at the police station with 40ml, kept in the cells for 9 hours then bailed to appear before the magistrates in a couple of weeks time.
What do you think the outcome will be (I think min 12 month ban but is there any chance of getting off?)
Are you sure he blew 40 at the station? Being kept in for nine hours seems massively over the top, considering they want people out ASAP. Being in for nine hours suggests to me he was a lot more than 40. What do you think the outcome will be (I think min 12 month ban but is there any chance of getting off?)
https://www.gov.uk/drink-driving-penalties
As has been said, if he was charged with drink driving, it will be a minimum of a years ban, if it was drunk in charge its a possible ban.
My other half defended a girl who did similar recently. She was sat in the passenger seat with her feet on the curb, puking her guts out after a night out drinking. Keys weren't in the ignition, but in her purse. Still got banned for drunk in charge. Early guilty plea and strong mitigation is my two pence... No point going to trial just to p
s off the magistrates. He might want to plead on a basis but he's not getting out of this unless the cps or officer in charge messes up (more common than you think). Lawyer up...
s off the magistrates. He might want to plead on a basis but he's not getting out of this unless the cps or officer in charge messes up (more common than you think). Lawyer up...Stupid I know but does seem pretty unfair that you are treated the same as if you are actually out driving all boozed up. Another notch on the coppers belt I presume.
Mate of mine had a few drinks so left the pub to push his motorbike into the pub car park for safekeeping as he was going to walk home.
Plod turned up as he was pushing said bike, got charged and got a year's ban.
Tantamount to being charged for thinking about doing something. Surely it should be up to the police to actually catch you driving the car.
Even the parking Nazis give you a few minutes grace.....usually.
Mate of mine had a few drinks so left the pub to push his motorbike into the pub car park for safekeeping as he was going to walk home.
Plod turned up as he was pushing said bike, got charged and got a year's ban.
Tantamount to being charged for thinking about doing something. Surely it should be up to the police to actually catch you driving the car.
Even the parking Nazis give you a few minutes grace.....usually.
The Spruce goose said:
how did the police know to breath test him?
Presumably driving past and seeing people having a party in a car at the side of the road, someone maybe phoned them having seen them drinking in the car or more likely there is more to the story than we've been told which is usually the case.Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff