Guilty of Drink Driving but no ban

[ELD3R]

http://www.stirlingnews.co.uk/news/courtreports/ar...

Hi folks. I was reading this earlier and the penalty seemed a little leniant given the usual punishment. I get the 'effect on business' argument, but am surprised that it worked given the Sheriff's comment that "...your record does disclose a somewhat cavalier attitude to road traffic offences..."

What does everyone think?

[glasgowrob]

Just shows you if you shmooze in the right circles you'll be alright

[glasgowrob]

Just shows you if you shmooze in the right circles you'll be alright

[ELD3R]

That thought did cross my mind Rob, but wasn't sure if I was just being uncharitable!

[LoonR1]

I thought it was an automatic minimum 12 month ban for this. I know you can 10 points for being in charge, but that's not a valid charge if you're in the driver's seat in a car with the engine running is it?

[BlackLabel]

article said:

“She is aware of the potential consequences arising from this matter and is aware that the loss of her driving licence would place a burden and an uncertain future when it comes to the continuation of the business.”

He added that Grossart also needed to be able to visit her son and daughter, who were at boarding school in Edinburgh.
- See more at: http://www.stirlingnews.co.uk/news/courtreports/ar...

If you google her name you'll see that she got a 2.3m pound divorce payment a few years back. Spousal maintenance too I assume? He ex-husband was worth c.20m.

Keeping all of that in mind it's not as if she couldn't afford to take taxis for a year or even hire a full time chauffeur. Oh well I suppose the Sheriff knows best.

[V8 Bob]

Second one I've seen up in Scotland in 2 days other one was in his car with engine running to charge his phone whilst we'll over the limit. couldn't see that being a valid excuse in England

[Terminator X]

I know it's come up plenty of times but simply being sat in your car pissed or indeed almost in your car seems rough justice to me.

TX.

[LoonR1]

Terminator X said:

I know it's come up plenty of times but simply being sat in your car pissed or indeed almost in your car seems rough justice to me.

TX.

How did this woman's car get onto the M9? Did she park it there on the hard shoulder before nipping out shopping and having a liquid lunch amd then returning just to drop her bags off?

Be serious.

[V8forweekends]

Beak -

“This was a serious matter, and your record does disclose a somewhat cavalier attitude to road traffic offences"

WTF

[Sheepshanks]

ELD3R said:

I get the 'effect on business' argument

I wonder what the extent of those business - a political research company, and a business networking and marketing company - is? They sound more like hobbies.

She's cracking on a bit to have kids at school too.

[wack]

It's different if you get convicted because you went out to your car in the street to get something out of the glovebox to being caught stationary on the hard shoulder sending a text.

The woman has an unbelievable level of arrogance , something the court has now allowed her to carry on driving with.

The only saving grace is 10 points means any minor traffic offence will result in a ban

[s2kjock]

Sheepshanks said:

She's cracking on a bit to have kids at school too.

Not unusual to have geriatric parents at boarding school.

On the face of it quite outrageous sentence.

[Aretnap]

LoonR1 said:

I thought it was an automatic minimum 12 month ban for this. I know you can 10 points for being in charge, but that's not a valid charge if you're in the driver's seat in a car with the engine running is it?

She was unquestionably guilty of being drun in charge. She was also almost certainly guilty of driving while drunk. Sounds like the protection were happy to take an easy drunk in charge conviction and didn't feel the need to push for conviction on the slightly more difficult, and more serious, charge. And that she caught the sherif in a very good mood when it came to sentencing.

[selwonk]

I got half the fine and 4/10s of the points for 38 in a 30...

[agtlaw]

Aretnap said:

LoonR1 said:

I thought it was an automatic minimum 12 month ban for this. I know you can 10 points for being in charge, but that's not a valid charge if you're in the driver's seat in a car with the engine running is it?

She was unquestionably guilty of being drun in charge. She was also almost certainly guilty of driving while drunk. Sounds like the prosecution were happy to take an easy drunk in charge conviction and didn't feel the need to push for conviction on the slightly more difficult, and more serious, charge. And that she caught the sherif in a very good mood when it came to sentencing.

The title of this thread is misleading, the article says that it was 'drunk in charge' - 10 points or a discretionary disqualification of any length (at least it would be in England). I've had several driver asleep engine running cases - CPS never seeks to establish antecedent driving.

Absent a confession, how would they prove driving?

[ELD3R]

Fair point re the title agt, but to a non-expert (me) it still seems crazy that driving can't be established beyond reasonable doubt. It wasn't like a helicopter dropped her Rav4 on the hard shoulder!

[matchmaker]

agtlaw said:

Aretnap said:

LoonR1 said:

I thought it was an automatic minimum 12 month ban for this. I know you can 10 points for being in charge, but that's not a valid charge if you're in the driver's seat in a car with the engine running is it?

She was unquestionably guilty of being drun in charge. She was also almost certainly guilty of driving while drunk. Sounds like the prosecution were happy to take an easy drunk in charge conviction and didn't feel the need to push for conviction on the slightly more difficult, and more serious, charge. And that she caught the sherif in a very good mood when it came to sentencing.

The title of this thread is misleading, the article says that it was 'drunk in charge' - 10 points or a discretionary disqualification of any length (at least it would be in England). I've had several driver asleep engine running cases - CPS never seeks to establish antecedent driving.

Absent a confession, how would they prove driving?

Same in Scotland. And I agree about the title being misleading.

[LoonR1]

ELD3R said:

Fair point re the title agt, but to a non-expert (me) it still seems crazy that driving can't be established beyond reasonable doubt. It wasn't like a helicopter dropped her Rav4 on the hard shoulder!

Totally agree. It sets the tone for anyone who isn't caught red handed to walk away with a less than deserved punishment.

[Sheepshanks]

It's pretty incredible when a local to us, pillar of the community etc etc was breath tested an hour after she arrived home, had drunk after arriving home (the quantity was disputed) but was still convicted (even after an appeal with a top QC) of drunk driving.