Caught drink driving
Discussion
Hi everyone, first time poster, long time visitor. Anyway down to business.
A family member has recently been stopped by the police and failed a breathalyser and has subsequently missed the required court date.
Clearly the courts will not look favourably on this so what would you say the expected punishment will be?
A family member has recently been stopped by the police and failed a breathalyser and has subsequently missed the required court date.
Clearly the courts will not look favourably on this so what would you say the expected punishment will be?
ChefDan said:
Hi everyone, first time poster, long time visitor. Anyway down to business.
A family member has recently been stopped by the police and failed a breathalyser and has subsequently missed the required court date.
Clearly the courts will not look favourably on this so what would you say the expected punishment will be?
Assuming it's not a ridiculously high level, it'll probably be the default year ban. Any difference is likely to come from the fine alongside it, and that'll depend on income.A family member has recently been stopped by the police and failed a breathalyser and has subsequently missed the required court date.
Clearly the courts will not look favourably on this so what would you say the expected punishment will be?
Furyjoell said:
Whatever the punishment ends up being, I dare say it wont be harsh enough.
Completely agree... its not a case of 'family member' but an actual family member. Just after some opinions from those who may know better but any punishment is well justified before the fool pushes their luck and some bystander is injured or worse.You or your relly if it is a relly have or has an arrest warrant to contend with. Get to the local cop shop at 0730. Expect to be arrested and then taken to the local Mags Court that same morning. Best to go with a lawyer, be contrite, and follow the lawyer's advice. A charge of failure to surrender may be laid. Both booze driving and court bunking carry potential jail time. The driver needs the best lawyer he or she can afford. Also consider some alcohol therapy if this not just a one off screw up. Avoid AA, it is a religious cult.
Fixes cars well good though. Er ....
Hat tip to a real expert on this subject for additional info.
Fixes cars well good though. Er ....
Hat tip to a real expert on this subject for additional info.
Edited by anonymous-user on Sunday 8th November 21:09
Breadvan72 said:
You or your relly if it is a relly have or has an arrest warrant to contend with. Get to the local cop shop at 0730. Expect to be arrested and then taken to the local Mags Court that same morning. Best to go with a lawyer, be contrite, and follow the lawyer's advice. A charge of failure to surrender may be laid. Both booze driving and court bunking carry potential jail time. The driver needs the best lawyer he or she can afford. Also consider some alcohol therapy if this not just a one off screw up. Avoid AA, it is a religious cult.
Fixes cars well good though. Er ....
Hat tip to a real expert on this subject for additional info.
When you say AA is a religious cult....which religion? in my group we have Christians Jews a couple Sihks and indeed a Plymouth Brethren. I normally hold your opinion in high regard. However in this unless you can back up your statement. I would respectfully suggest you stick to giving excellent legal advice Fixes cars well good though. Er ....
Hat tip to a real expert on this subject for additional info.
Edited by Breadvan72 on Sunday 8th November 21:09
Why did they miss court, something more important happening that day?
As Breadvan has stated he/she needs to attend the station ASAP and expect to be arrested as they will most likely be wanted for failing to appear. Make sure they do it..... As you can bet it wont be a time that suits them when the police come knocking. Go first thing and it will reduce the time spent in police custody and they should be in and out in a day.
As Breadvan has stated he/she needs to attend the station ASAP and expect to be arrested as they will most likely be wanted for failing to appear. Make sure they do it..... As you can bet it wont be a time that suits them when the police come knocking. Go first thing and it will reduce the time spent in police custody and they should be in and out in a day.
smileymikey said:
When you say AA is a religious cult....which religion? in my group we have Christians Jews a couple Sihks and indeed a Plymouth Brethren. I normally hold your opinion in high regard. However in this unless you can back up your statement. I would respectfully suggest you stick to giving excellent legal advice
AA is its own religion. You are a victim of the cult and so cannot judge it objectively. That AA is a cult is well recognised by doctors who specialise in the treatment of addiction and much discussed in the literature and in the media (Google it). AA has also been recognised as a form of religion by US Courts (orders that defendants attend AA meetings have been held to breach the Establishment Clause of the US Constitution that prohibits state support of religion). AA tells the alcoholic that he or she is a victim who can never get better and can only surrender to a higher power. It has most of the features of cults, including a holy book, controlling mechanisms exerted over its members, peer group pressure to conform, and fierce criticisms of those who criticise it and of former members who have rejected it. It is also not very effective. There are more modern and scientific methods of treating addiction.Default 12 months ban only really applies the morning after these days, or similar mitigating circumstances. One too many sweet sherries on the same night and you are expected to know damn well you are over so 18 months is more likely.
Failure to show is potentially contempt of court and that's 7 days' porridge. Appropriate levels of grovelling and proactively showing up at the copshop may mitigate this. Get lawyered up, expect to spend a lot of money. You may get away with a day in a police cell followed by a spell in front of the madge. Sorry, when I say you I mean your relative.
Don't drive to the court unless there is someone else to take the car home, obvs.
Failure to show is potentially contempt of court and that's 7 days' porridge. Appropriate levels of grovelling and proactively showing up at the copshop may mitigate this. Get lawyered up, expect to spend a lot of money. You may get away with a day in a police cell followed by a spell in front of the madge. Sorry, when I say you I mean your relative.
Don't drive to the court unless there is someone else to take the car home, obvs.
A genuine question - what good will getting a lawyer do at this stage? I genuinely can't see the lawyer, no matter how good, making a lot of difference here. I'm quite prepared to be put right, but as there will be a minimum 12 month ban, and the penalties seem to pretty consistently applied dependent upon level of alcohol, then would the sentence really be influenced much by the choice of lawyer?
Not that I'd dream of going to court without a decent lawyer, obviously, just that I'd be interested to know what could practically be done in the circumstances outlined by the OP.
Not that I'd dream of going to court without a decent lawyer, obviously, just that I'd be interested to know what could practically be done in the circumstances outlined by the OP.
The offence of failing to surrender could lead to a prison sentence. It may not, but there is a risk, and the Court is likely to be considering a bit of book throwing, as Courts get pissed off when people appear not to take them seriously. A good lawyer may be able to curb the court's enthusiasm for sentencing at the upper end of its discretionary scales.
Advocacy is a learnable skill. I will let you into a secret about advocacy: You just buy a wand, you say some made up Latin, and, bam, you have a flying car. It's not magic - or rather, it is - but you don't have to go to Hogwarts to do it. The thing is that the kids from Hogwarts are usually (not always) better at doing the magic than the poor old muggles are.
Protego Horribilis!
Advocacy is a learnable skill. I will let you into a secret about advocacy: You just buy a wand, you say some made up Latin, and, bam, you have a flying car. It's not magic - or rather, it is - but you don't have to go to Hogwarts to do it. The thing is that the kids from Hogwarts are usually (not always) better at doing the magic than the poor old muggles are.
Protego Horribilis!
Breadvan72 said:
The offence of failing to surrender could lead to a prison sentence. It may not, but there is a risk, and the Court is likely to be considering a bit of book throwing, as Courts get pissed off when people appear not to take them seriously. A good lawyer may be able to curb the court's enthusiasm for sentencing at the upper end of its discretionary scales.
Advocacy is a learnable skill. I will let you into a secret about advocacy: You just buy a wand, you say some made up Latin, and, bam, you have a flying car. It's not magic - or rather, it is - but you don't have to go to Hogwarts to do it. The thing is that the kids from Hogwarts are usually (not always) better at doing the magic than the poor old muggles are.
Protego Horribilis!
Carlyle's view has always resonated and to some degree saddened me, that paid advocacy is esentially hanging your intellect up in the shop window like a gun for sale. I've misquoted horribly, I'm sure.Advocacy is a learnable skill. I will let you into a secret about advocacy: You just buy a wand, you say some made up Latin, and, bam, you have a flying car. It's not magic - or rather, it is - but you don't have to go to Hogwarts to do it. The thing is that the kids from Hogwarts are usually (not always) better at doing the magic than the poor old muggles are.
Protego Horribilis!
Breadvan72 said:
smileymikey said:
When you say AA is a religious cult....which religion? in my group we have Christians Jews a couple Sihks and indeed a Plymouth Brethren. I normally hold your opinion in high regard. However in this unless you can back up your statement. I would respectfully suggest you stick to giving excellent legal advice
AA is its own religion. You are a victim of the cult and so cannot judge it objectively. That AA is a cult is well recognised by doctors who specialise in the treatment of addiction and much discussed in the literature and in the media (Google it). AA has also been recognised as a form of religion by US Courts (orders that defendants attend AA meetings have been held to breach the Establishment Clause of the US Constitution that prohibits state support of religion). AA tells the alcoholic that he or she is a victim who can never get better and can only surrender to a higher power. It has most of the features of cults, including a holy book, controlling mechanisms exerted over its members, peer group pressure to conform, and fierce criticisms of those who criticise it and of former members who have rejected it. It is also not very effective. There are more modern and scientific methods of treating addiction.
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