Drink driving - 2X over the limit

[xxlukexx]

Hi all,

A friend (yeah, I know, but it seriously was not me - this happened over the weekend and I have just got off the phone to guy who did it).

Anyway...a friend was in Town A this weekend visiting friends. He went out and got drunk, then went back to his friends house (in a cab). So far so good.

He then decided he wanted a kebab and took his car keys and drove to get one. Got pulled, breathalised, 2x over the limit (80 microgrammes I believe) and was arrested. He's due to appear in court on Thursday.

This guy suffers from depression and anxiety, is receiving counselling and is on antidepressant medication. A lot of the time, when he drinks, he hits a certain point after which he cannot remember what is happening. THis started off as being quite funny - he would disappear from the group when we were at a club and reappear outside two hours later. One day he walked from a club in Rochester along a dual carriageway for a couple of hours before he "came to" and realised what he was doing. As he tells it he has no control and no awareness of anything that he is doing during that time.

So, on Saturday night he claims to have had no awareness or memory of setting off to get a kebab. He says, and I think I believe him, that he would never choose to drink and drive if he was in control of himself. Apparently he drove for 1.5 hours towards Town B (some miles away) and only "came to" when he saw blue flashing lights behind him (remember he was only supposed to be going down the road to get a kebab). I know it sounds a bit far fetched but I've seen him in this state and I'd say he was telling the truth. Little details, like having nearly no petrol left in his car once he got back to it on Sunday morning, and his genuine distress when I spoke to him just now make me think that he really didn't have any control.

Now, will any of this make any difference in court? He's just about to start a new job that he will need to drive for and I am genuinely concerned as to what he might do to himself if he gets banned for a year, which as far as I know is obligatory?

Basically, any ideas on what is likely to happen would be welcomed, he's in court on Thursday and I want to know what the outcome could be so that I am prepared to deal with him when it happens.

Cheers,

Luke


PS edited to remove town names after reading the "watch your mouth" thread.


>> Edited by xxlukexx on Monday 11th July 12:13

[esselte]

Sorry mate,I don't think your pal will get any sympathy here with Drunk Driving.It's a big No NO.

[jacobyte]

xxlukexx said:

... he claims to have had no awareness or memory of setting off to get a kebab. He says, and I think I believe him, that he would never choose to drink and drive if he was in control of himself. Apparently he drove for 1.5 hours towards Hastings and only "came to" when he saw blue flashing lights behind him ... Now, will any of this make any difference in court?

No disrespect to your friend, but anyone who suffers mental blackouts while at the wheel should not be driving anyway.

[xxlukexx]

Thanks for your replies so far, people.

Can I just point out that I'm not asking for people's opinions on the morality of this, merely what sentence he is likely to be given.

He's made a comment of "if I get a year ban my life will be over" - given his history and my knowledge of this sort of thing (I am a Samaritans volunteer) this comment has set me on edge and I want to be - as I said in my original post - as prepared as I can be for what's likely to happen to him.

I don't for one moment agree or sympathise with him or anybody else drink driving but he is my friend and I want to be there for him when the shit hits the fan.

Cheers,

Luke

[Plotloss]

I'd prepare for the worst.

Not only was he pissed he was mixing booze with prescription medication and I cant see that going down well with the bench to be honest.

[busa_rush]

Given he knew he had a problem mixing alcohol with his prescription drugs he should have been even more careful than most people. Sure he hasn't got a drink problem ? Blacking out and not remembering stuff is a classic result of over indulgence and alcoholism is often the cause of depression etc. Could be miles off but worth thinking about.

Either way he's hopefully going to be banned for at least 12 months.

[Einion Yrth]

While I have some sympathy for a man who obviously has problems, it seems clear that he needs to be off the road while he sorts himself out, and a years ban looks like being the minimum extent of that period.

[gh0st]

The comment of "If I get a ban my life will be over" or something similar would probably get him sectioned as well as banned!

Be very careful as it might even sound like a threat of "if you take my licese i will kill myself" which wont help.

[trackdemon]

He will be banned, no question. The court has a duty to prevent this happening again, and by giving special dispensation because of his cicumstances may make him think he can get away with it. What would happen if he wasn't banned and proceeded to have an accident whilst over? Exactly.
Make sure he isn't tempted to drive whilst banned - it'll only be a matter of time before he's picked up and he could be looking at a stretch if this happened.
I'd expect at least one year, in fact it may very well be worse due to the circumstances you've mentioned.
Cutting down on the booze highly recommended.

[falcemob]

It sounds like he shouldn't be driving anyway so when he gets banned the rest of us will be that much safer.
On the other hand a ban won't matter to him as he can always drive and then not realise he was doing it, maybe he should be locked up for a while.

[xxlukexx]

busa_rush said:

Given he knew he had a problem mixing alcohol with his prescription drugs he should have been even more careful than most people. Sure he hasn't got a drink problem ? Blacking out and not remembering stuff is a classic result of over indulgence and alcoholism is often the cause of depression etc. Could be miles off but worth thinking about. Either way he's hopefully going to be banned for at least 12 months.

Yes, I have been wondering whether it is the drugs and drink which cause these "blackouts".

I think the alcohol is part of the problem, but the root causes of depression are usually genetic/rooted in childhood (you can argue between the two til the cows come home) in the first place, made worse by alcohol. Wouldn't want to speculate in this case.

[xxlukexx]

Thanks, everyone, for all your comments.

The consensus seems to be a minimum of 12 months, quite possibly more.

Last point - I wouldn't want to give anyone the impression that I condone what he's done (regardless of circumstances) or that I think he deserves less than the full ban. However, I'm sure you'll understand that as a friend I have a duty to look out for him, even more so considering the sad state his life is in at the moment.

Take care all,

Luke

[safespeed]

xxlukexx said:

He then decided he wanted a kebab and took his car keys and drove to get one. [...] So, on Saturday night he claims to have had no awareness or memory of setting off to get a kebab.

I was scouring this post to try and find something to be sympathetic about. And then I noticed that there's a problem with his story.

If he doesn't remember, then how does he know he wanted a kebab?

[softtop]

he didnt. He had carried on past the place for 1.5 hours. Was he going home?

[volvos70t5]

anonymous said:

[redacted]

That, my friend, is the best advice anyone could give. He definitely needs to go teetotal.

[xxlukexx]

safespeed said:

xxlukexx said: He then decided he wanted a kebab and took his car keys and drove to get one. [...] So, on Saturday night he claims to have had no awareness or memory of setting off to get a kebab. I was scouring this post to try and find something to be sympathetic about. And then I noticed that there's a problem with his story. If he doesn't remember, then how does he know he wanted a kebab?

He was with friends, at his friend's house. They told him afterwards that he said he was going for a kebab.

At 2x the legal limit I doubt that whatever part of him was making decisions was working very well - whether the kebab story was a way of getting out of the house or not we'll never know. Certainly he didn't buy a kebab, or go to the kebab house, and he wasn't heading home as he drove in the opposite direction.

[xxlukexx]

volvos70t5 said:

anonymous said: [redacted] That, my friend, is the best advice anyone could give. He definitely needs to go teetotal.

He has said that to me, which, for him, is something. It isn't an excuse but I think he is genuinely shocked and scared by the idea that he wasn't in control of his actions, and doesn't remember them, and his own thinking has brought him to the place where he realises that there is now no option but to stop drinking.

As someone else mentioned earlier, once banned he is going to have to do something to make sure he doesn't try to drive.

[smeggy]

It’s funny to hear people saying ‘ban him’. If the guy really is having mental blackouts (while drunk), banning him won’t make any difference; he might do it again the next time he gets drunk. Banning him may make him more depressed, likely resulting with him drinking more - not good for anyone.


As well as him proving to the court he really is having these blackouts while drunk, he must demonstrate that he will always remain in control of himself, never again putting himself in a position when he can drive whilst blacked out.
This means proving that he has given up drinking, otherwise he’ll eventually end up in jail.

[pagey]

xxlukexx said:

safespeed said: xxlukexx said: He then decided he wanted a kebab and took his car keys and drove to get one. [...] So, on Saturday night he claims to have had no awareness or memory of setting off to get a kebab. I was scouring this post to try and find something to be sympathetic about. And then I noticed that there's a problem with his story. If he doesn't remember, then how does he know he wanted a kebab? He was with friends, at his friend's house. They told him afterwards that he said he was going for a kebab. .

did these friends know he had been drinking? Do they know about his 'black-outs'?


if so - why the feck did they let him drive?

[xxlukexx]

pagey said:

xxlukexx said: safespeed said: xxlukexx said: He then decided he wanted a kebab and took his car keys and drove to get one. [...] So, on Saturday night he claims to have had no awareness or memory of setting off to get a kebab. I was scouring this post to try and find something to be sympathetic about. And then I noticed that there's a problem with his story. If he doesn't remember, then how does he know he wanted a kebab? He was with friends, at his friend's house. They told him afterwards that he said he was going for a kebab. . did these friends know he had been drinking? Do they know about his 'black-outs'? if so - why the feck did they let him drive?

This was my reaction. To answer your question, I'm not sure. I've not met these people and don't know what they're like.

It is possible that my friend took his car without them realising (maybe they thought he was walking?), although to be honest I suspect he got angry and started making a fuss and they chose not to stop him. It never ceases to amaze me how many people still seem to think that drink driving is "one of those things" that is OK as long as you don't get caught.