Drink Driving Charge - Advise Please
Discussion
I've been contacted by a friend of mine who told me that last night he had been charged with driving under the influence.
Basically, he had a crash (no one else involved, he hit a barrier) and the police where passing.
When breathalysed he was at twice the legal limit.
Its the first time he has ever done anything like that, and I honestly believe that he just made a stupid mistake which he regrets very much. So please, no judgements. Like I say, he realises he's been an arse, and that someone could have been seriously hurt or worse.
He will be in court next friday, and is asking for any advise on getting the ban reduced.
I quote from an email:
"i just sent an email to a solicitor guy, i mentioned a couple of things that might help, i.e. get the records of the last calibration of the breath machine, that they told me to sign one of the forms, that said i had read through a certain set of rules and conditions etc, and when i asked to see them he gave me a leaflet but then said i don't have time to read it, and to just sign. Also, when i asked to see the duty solicitor (when they offered), they came back later and said he's not coming because he said i would forget everything he said! and to call him the next day....but i have no contact details for him..."
Has anyone got any thoughts?
Basically, he had a crash (no one else involved, he hit a barrier) and the police where passing.
When breathalysed he was at twice the legal limit.
Its the first time he has ever done anything like that, and I honestly believe that he just made a stupid mistake which he regrets very much. So please, no judgements. Like I say, he realises he's been an arse, and that someone could have been seriously hurt or worse.
He will be in court next friday, and is asking for any advise on getting the ban reduced.
I quote from an email:
"i just sent an email to a solicitor guy, i mentioned a couple of things that might help, i.e. get the records of the last calibration of the breath machine, that they told me to sign one of the forms, that said i had read through a certain set of rules and conditions etc, and when i asked to see them he gave me a leaflet but then said i don't have time to read it, and to just sign. Also, when i asked to see the duty solicitor (when they offered), they came back later and said he's not coming because he said i would forget everything he said! and to call him the next day....but i have no contact details for him..."
Has anyone got any thoughts?
MrFlibbles said:
Has anyone got any thoughts?
Its a bit of a no brainer mate, the Intoximeter calibrates itself before the 1st, 2nd and after the last breath.
You sign the print out that shows you the tests.
Tell him to swallow it and chalk it up to experience, i would imagine at twice the limit it'll be a three year ban due to the seriousness of it !!
I know someone whos going through a similar experience, not quite as bad 15 - 20% over so is looking at a one year ban, but was informed that if it had been a longer ban and is the first offence, you may be able to take an extended re-test/go on some type of course and the judge may reduce the ban to 1 year, 18 months, etc.
Although it is completely at the jugdes discression.
Although it is completely at the jugdes discression.
I blew 1mg over when i had an accident back in 1992, somebody ran into the back of me, day after my 18th borthday, invalidated my insurance and had to pay back parents for a 1 yr old 850 T5 for the next 5 years !!
its an expensive mistake to make, i got 12 month ban and a £50.00 fine.
its an expensive mistake to make, i got 12 month ban and a £50.00 fine.
My mate's brother crashed his girlfriends car last week - no one else involved. A member of the public evidently called it in because he managed to limp the car back to hers and found a gaggle of plod in waiting.
He was 1.5 times the limit.
He was in court this week and received 16 month ban (-25% if he attends driver rehabilitation), £300 fine plus £50 costs.
He was 1.5 times the limit.
He was in court this week and received 16 month ban (-25% if he attends driver rehabilitation), £300 fine plus £50 costs.
hughesie2 said:
I blew 1mg over when i had an accident back in 1992, somebody ran into the back of me, day after my 18th borthday, invalidated my insurance and had to pay back parents for a 1 yr old 850 T5 for the next 5 years !!
its an expensive mistake to make, i got 12 month ban and a £50.00 fine.
xxplod said:
Bearing in mind that if you blow 35 - 39 (inc) you are not prosecuted.
Chap I know has just got done for dd. 2x limit, caught the following morning. Sensible chap but obviously not sensible enough. 2 year ban plus a fine. Ban reduced to 18 months if he takes an alcohol awareness course, bit of a joke given he's in the medical profession and is fully aware of the effects of alcohol and the time it takes to leave the body etc.
hughesie2 said:
I blew 1mg over when i had an accident back in 1992, somebody ran into the back of me, day after my 18th borthday, invalidated my insurance and had to pay back parents for a 1 yr old 850 T5 for the next 5 years !!
its an expensive mistake to make, i got 12 month ban and a £50.00 fine.
Happened to a mate of mine. Got leathered. Drove to work the next morning. Got rear ended.
Blew over. 18 month ban. Gigantic insurance for years after.
I am so paranoid that it's untrue..
It surprises me that anything over the 35mg limit isn't prosecuted.
35 mg is the legal limit (for breath) - 35-39 not prosecuted, 40 and above is prosecuted.
Twice over will probably mean a ban of about two years, with the possibility of up to a 25% reduction in ban if an approved course is done - often by Telford Training.
The fine isn't reduced, just the length of ban.
Twice over will probably mean a ban of about two years, with the possibility of up to a 25% reduction in ban if an approved course is done - often by Telford Training.
The fine isn't reduced, just the length of ban.
MrFlibbles said:
Another question.
His car has a fair bit of damage, is it possible to claim on his insurance, or is this invalid due to being under the influence?
I think it will be up to his policy small print und the insurer.
The guy who hit me ... his insurers paid up to the widow. Und my insurers had field day damit in court - six years later!
(They claime he ws not insured as they tired to say he died nefore he hit me!) Have thus neither time not patience for such sharks! Und am choosy as to insurer as result!
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