Friend caught drink driving - consequences?

[TDutchy]

Hi PH,

Very close friend of mine got arrested for drink driving last night.....ahole.

What are the likely consequences? He's still within his first 2 years probation if this matters.

Cheers.

[PanzerCommander]

The short of it is he'll get banned and have to pay a large fine based on his income and because he is within his first two years he will have his licence revoked to re-sit his test (I think the threshold is 6pts or a ban of more than 8 days - which a DD conviction is likely to be around a year depending on how far over he was).

He will then once he has gotten his licence back get raped royally by the insurance companies until the 10 years for the DD is off his licence.

Its going to be painful and I really hope he learns from this!!

Edited by PanzerCommander on Sunday 2nd September 17:07

[mrmr96]

As above. Ban. Re-test. Insurance raping for years. What a silly billy.

Edited by mrmr96 on Sunday 2nd September 22:50

[Shaw Tarse]

How much over the limit was he?

[TDutchy]

Well, well over im hearing.
Silly billy, doesn't quite cover it. His worlds fallen out of his arse, just thank God nobody was hurt.

[smartphone hater]

Surely his punishment will depend on how much over the limit he was.

http://www.drinkdrivinglaw.co.uk/drink_driving_pen...

Edited by smartphone hater on Sunday 2nd September 17:20

[agtlaw]

mrmr96 said:

As above. 12m ban. Extended re-test. Insurance raping for 10yrs.

piss poor advice (as usual).

ban is at least 12 months. up to 25% reduction on completion of an approved drink drive course. no extended re-test. declare to insurer for 5 years if you're fined.

[agtlaw]

smartphone hater said:

Surely his punishment will depend on how much over the limit he was.

http://www.drinkdrivinglaw.co.uk/drink_driving_pen...

that is a fake solicitors website. the info on it is pretty shoddy. e.g. " Prison is also the mandatory punishment for causing death by careless driving when under the influence of alcohol." no it isn't.

[smartphone hater]

agtlaw said:

that is a fake solicitors website. the info on it is pretty shoddy. e.g. " Prison is also the mandatory punishment for causing death by careless driving when under the influence of alcohol." no it isn't.

Is this one any better?

http://www.findlaw.co.uk/law/criminal/drink_drivin...

[Shaw Tarse]

smartphone hater said:

agtlaw said:

that is a fake solicitors website. the info on it is pretty shoddy. e.g. " Prison is also the mandatory punishment for causing death by careless driving when under the influence of alcohol." no it isn't.

Is this one any better?

http://www.findlaw.co.uk/law/criminal/drink_drivin...

Try This one

[PanzerCommander]

agtlaw said:

piss poor advice (as usual).

ban is at least 12 months. up to 25% reduction on completion of an approved drink drive course. no extended re-test. declare to insurer for 5 years if you're fined.

if it is within his first two years driving he will have to re-take his test, but it won't be the extended one!

[agtlaw]

PanzerCommander said:

if it is within his first two years driving he will have to re-take his test, but it won't be the extended one!

then why did you put he'll have to do an extended re-test in your own post? (since edited out).

and wtf are you on about a ban of more than 8 days. please think before posting.

[Durzel]

Isn't the rule with new drivers that if they accrue 6 points during their first two years then the DVLA revokes their licence? It is not - as far as I've been led to believe - anything to do with the courts beyond them issuing points. The revocation is a DVLA scheme and not something the courts have any control over (beyond not issuing points at all, and guidance that they should not impose a straight ban on new drivers where penalty points would be normally issued).

I could be mistaken but I don't think the rule of licence revocation applies with new drivers to DD offences. Since disqualification for DD is mandatory (at least for driving, not afaik for "in charge") they could (at the Magistrate's discretion) have their licence returned to them at the end of this period without having to take an extended retest.

Quite willing to be told this is wrong though.

[PanzerCommander]

agtlaw said:

then why did you put he'll have to do an extended re-test in your own post? (since edited out).

and wtf are you on about a ban of more than 8 days. please think before posting.

I didn't write anything of the sort, the next poster mentioned the extened re-test not me, I corrected a spelling error I noticed.

When you are on your two years probation after passing your test if you get 6 points or a ban of more than a certain number of days (8 comes to mind for some reason, might be more i'm not 100%) for an offence you get your licence revoked and have to re-take your test.

[agtlaw]

PanzerCommander said:

I didn't write anything of the sort, the next poster mentioned the extened re-test not me, I corrected a spelling error I noticed.

When you are on your two years probation after passing your test if you get 6 points or a ban of more than a certain number of days (8 comes to mind for some reason, might be more i'm not 100%) for an offence you get your licence revoked and have to re-take your test.

complete fabrication. you mentioned extended re-test. the next poster also did.

you're 100% wrong.

[PanzerCommander]

agtlaw said:

complete fabrication. you mentioned extended re-test. the next poster also did.

you're 100% wrong.

The new drivers act (DVLA website) LINK states that you will indeed lose your licence if you get six points within your first two years, so I'm afraid it isn't a fabrication at all.

However, I can't find anything relating to the ban duration it may have been a misinterpretation of the fact you have to renew your licence if you receive a ban of 56 days or more, but I'm sure I read on here (quite some time ago) that you will also have to re-sit your test if you get a ban over a certain period within your first two years, if not then I am wrong but I am sure I remembered reading that.

But the fact remains OP's friend will have to re-sit his driving test once his ban period is over.

Mods could you please restore my first post in this thread to as it was before I edited it please? Then that matter will be cleared up.

[TheLordJohn]

I have nothing beneficial to add to this topic, so I shouldn't even have posted anything. But hey, here I am, posting something!!

[crazy about cars]

TheLordJohn said:

I have nothing beneficial to add to this topic, so I shouldn't even have posted anything. But hey, here I am, posting something!!

[gowmonster]

doesnt' matter whether he's in the first 2 years or not, it's a ban.

Here is a government website, i think we can trust this one.
http://www.direct.gov.uk/en/TravelAndTransport/Hig...

Offence Imprisonment Fine Disqualification Penalty points
Driving while unfit through drink or drugs or with excess alcohol: or failing to provide a specimen for analysis
6 months £5,000 Obligatory 3-11 (if exceptionally not disqualified)

so BAN and if exceptionally not disqualified, points, and it stays on your license for 11 years.
Offence codes DR10 to DR30 must stay on a driving licence for eleven years from date of conviction.
Code Offence Penalty points
DR10 Driving or attempting to drive with alcohol level above limit 3-11
DR20 Driving or attempting to drive while unfit through drink 3-11
DR30 Driving or attempting to drive then failing to supply a specimen for analysis 3-11

http://www.direct.gov.uk/en/Motoring/DriverLicensi...
http://www.drinkaware.co.uk/facts/drink-driving#wh...

on a more humorous note, I didn't realise there was the following code.

DD90 Furious driving 3-9

[TheLordJohn]

Furious!? Lols. That could be furious, as in a higher level than angry, or furious as in really impressive driving ability, lol.