Caught drink driving

[claphamgt3]

Ahh yes, brothers & drink-driving; something I know a bit about.

One of my elder brothers is now banned from driving for life (his 4th ban) for causing an accident because he was drunk whilst 18 months into a 10 year ban for drink driving.

IIRC he got a 5 figure fine, 250 hours of community service, an order to attend a rehabilitation course and the ban.

Thank God he didn't hurt anyone...

[jith]

gridgway said:

[quote=Vesuvius 996
Voluntary intoxication is no defence to the offence of DD.

If they drop it and charge him with drunk in charge he's a VERY lucky boy.

presumably there is no evidence that he was actually driving the car?
Graham[/quote]

That's it in a nutshell Graham.
There is clearly no evidence of drunk driving: you could assume that he drove it because of where he was found, but that would be a fatally dangerous assumption without some sort of corroboration.
It would be equally as feasible that his wicked mates drove the car to where it was found and dumped him asleep beside it and this of course could make the basis of a credible defence for drunk in charge.
How can you be in charge of a vehicle when you are not in it and fast asleep?
Very interesting case.

[Fats25]

I have known the fella for around 18 years, and have never ever known him to pass out/black out like this. I have known him to DD - but that was a number of years ago.

He has claimed to his mates, including me, that he was "spiked", alhough I have no idea if he has mentioned this in court or to police, and I have to admit I find this hard to believe from the people at the party. I have also not spoke to anyone that saw him get in his car after party.

Indeed - very interesting. However as I say - I will keep you all posted.

[Pat H]

bond-007 said:

Is it possible to get a spell in the nick for a first offence if it is severe enough as in this case?

Yep, though it has to be pretty bad to get some porridge for a 1st offence.

This case is not particularly severe.

I frequently deal with readings of 140.

I once dealt with a chap at court who was so pissed that he couldn't get out of his car and had to crawl to the back of the police van......

He was sent down for 3 months, but the sentence was successfully appealed and he wound up with a combination of community service and probation.

Where there are aggravating features of no insurance, a bad accident or injury to 3rd parties, then there is a much greater chance of prison.

A couple of months ago I dealt with a chap who provided a reading of 130+ after having crashed his articulated HGV. He had driven 150 miles, mostly on the motorway, whilst merrily consuming a whole bottle of wine and then starting on a half litre of vodka.

He received a suspended sentence of imprisonment and a 3 year ban. He was a very, very lucky chap and really ought to have gone away, but unfortunately he had a good solicitor....

[boobles]

Are you a copper pat h?

[Pat H]

boobles said:

Are you a copper pat h?

Nope.

I bat for the other side, so to speak.

I am a solicitor who defends criminals for a living.

[ferrisbueller]

Pat H said:

boobles said:

Are you a copper pat h?

Nope.

I bat for the other side, so to speak.

I am a solicitor who defends criminals for a living.

sleep well

on your mattress stuffed with £20 notes

[Vesuvius 996]

ferrisbueller said:

Pat H said:

boobles said:

Are you a copper pat h?

Nope.

I bat for the other side, so to speak.

I am a solicitor who defends criminals for a living.

sleep well

on your mattress stuffed with £20 notes

LOLLERS.

[boobles]

why would you want to defend people who are clearly braking the law by drink driving? Innocent people get killed by these sort of lunatics & they deserve locking up.

[Pat H]

boobles said:

why would you want to defend people who are clearly braking the law by drink driving? Innocent people get killed by these sort of lunatics & they deserve locking up.

Well, I could give you the usual bollox about the rights of these people to be represented when their liberty is in jeopardy, the fact that they are innocent until proven guilty, that some of them really are wrongly charged, to scrutinise the actions of the police and prosecution, to ensure a fair trial for those incapable of representing themselves, to test the reliability of the evidence etc, etc, etc.

But the main reason I do it is so that I can afford one of these...

[RichUK]

Pat H said:

boobles said:

why would you want to defend people who are clearly braking the law by drink driving? Innocent people get killed by these sort of lunatics & they deserve locking up.

Well, I could give you the usual bollox about the rights of these people to be represented when their liberty is in jeopardy, the fact that they are innocent until proven guilty, that some of them really are wrongly charged, to scrutinise the actions of the police and prosecution, to ensure a fair trial for those incapable of representing themselves, to test the reliability of the evidence etc, etc, etc.

But the main reason I do it is so that I can afford one of these...

Very good answer.

[jith]

Pat H said:

boobles said:

why would you want to defend people who are clearly braking the law by drink driving? Innocent people get killed by these sort of lunatics & they deserve locking up.

Well, I could give you the usual bollox about the rights of these people to be represented when their liberty is in jeopardy, the fact that they are innocent until proven guilty, that some of them really are wrongly charged, to scrutinise the actions of the police and prosecution, to ensure a fair trial for those incapable of representing themselves, to test the reliability of the evidence etc, etc, etc.

But the main reason I do it is so that I can afford one of these...

Well, it's nice to see the Legal Aid Fund put to good use.
At least nobody could accuse you of hypocrisy!

[eccles]

quick Pat!, is that smoke coming out of the back of your car?

[boobles]

Hey its magnum.........

[Pat H]

eccles said:

quick Pat!, is that smoke coming out of the back of your car?

Condensation, I hope.

The Legal Aid fund certainly doesn't stretch to valve guides and piston rings on that thing...

It had just been started and was warming up when I look the photo.

[cymtriks]

Roughly, how many pints of decent beer (a stronger real ale for example) does an ordinary bloke have to drink to get-

a reading of 35 (The legal limit?)
a reading of just over 100 (as in this case)
a reading of circa 140 (as someone above "frequently deals with"


These reading numbers mean nothing to me!

[Zod]

ferrisbueller said:

matchless said:

if it will affect His Liveliehood he cant get a ban as Magna Carta says, "not so severe as it will affect His Livelehood"

wrong.

exactly - it's a criminal offence. You can go to jail for it and that does tend to affect your livelihood.

Edited by Zod on Friday 4th August 12:17

[Vesuvius 996]

Zod said:

ferrisbueller said:

matchless said:

if it will affect His Liveliehood he cant get a ban as Magna Carta says, "not so severe as it will affect His Livelehood"

wrong.

exactly - it's a criminal offence. You can go to jail for it and that does tend to affect your livelihood.

Edited by Zod on Friday 4th August 12:17

... along with the airtight quality of one's ringpiece.

[M@H]

I say Pat, those MR2 kits are getting really convincing these days aren't they.. well done on a tidy job

[eccles]

M@H said:

I say Pat, those MR2 kits are getting really convincing these days aren't they.. well done on a tidy job