Drink Driving charge and forfeit of car in Scotland
Discussion
I don’t post here much under this username but I am a regular poster, I was seeking help with my wife during lockdown and her drinking habits
Things have hit a new low recently, we fell out and she decided it would be a good idea to leave in the car after two bottles of wine.
I reported it immediately and she was caught a short time later some 4 1/2 times over the limit. She was completely cooperative with the police and charged with drink driving.
Now she potentially faces losing her job, and after discussing things with a lawyer today the crown may seek the forfeit of her beloved car and based on the value it will likely be crushed if they do so.
I think this is the low point wake up call she has needed, she is distraught that the car we have both worked together on and enjoy over the last 3 years may potentially be destroyed.
She is a first time offender, with no points on her licence, intends to plead guilty but tbh her nor I can bear the thought of losing the car.
Any advice or opinions would be appreciated
Things have hit a new low recently, we fell out and she decided it would be a good idea to leave in the car after two bottles of wine.
I reported it immediately and she was caught a short time later some 4 1/2 times over the limit. She was completely cooperative with the police and charged with drink driving.
Now she potentially faces losing her job, and after discussing things with a lawyer today the crown may seek the forfeit of her beloved car and based on the value it will likely be crushed if they do so.
I think this is the low point wake up call she has needed, she is distraught that the car we have both worked together on and enjoy over the last 3 years may potentially be destroyed.
She is a first time offender, with no points on her licence, intends to plead guilty but tbh her nor I can bear the thought of losing the car.
Any advice or opinions would be appreciated
This also highlights the difference in the drink drive limits - Scotland is 22, England is 35. So if she'd been stopped in England she would have been under 3 times the limit. No consolation, but a reminder to all that if you come over the border, the penalties jump in quicker and can be more severe.
InitialDave said:
Driver101 said:
I think it has to be a repeat offender before the car is confiscated.
I don't think it does, if you're sufficiently over the limit.Just had a quick Google. I can see that there figures of 3700 people convicted of drink driving in a year. I can only find figures from 2014 with just 150 cars confiscated. Reading the amount of people blowing high levels and the same people convicted numerous times 150 is very low.
speedyman said:
Will probably be the best thing which will happen, it will focus her mind on the consequence of d.d. She should also seek help from A.A. with her addiction to alcohol. She could have killed someone. The car is the least of her problems.
This has been the wake up call she has desperately needed and she knows it herself. She is fully aware of the potential consequences of her actions and is beside herself knowing what could have happened. She is seeking help today with her issues which I’m glad to report and proud of her
As for the car, she has known it since new, and it’s not a run of the mill white good, albeit it’s also not worth a huge amount but it’s been sympathetically restored by myself and her over the last 18 months at a considerable cost. The thought of the car being destroyed to “teach her a lesson” makes me feel sick given the money and time that has been put into it.
twenty21 said:
. The thought of the car being destroyed to “teach her a lesson” makes me feel sick given the money and time that has been put into it.
Well, not to kick a man when he's down, but you reported her for the crime that the punishment results from.I'd ask what the situation is from an angle of "hold up, that's my car, not hers".
InitialDave said:
twenty21 said:
. The thought of the car being destroyed to “teach her a lesson” makes me feel sick given the money and time that has been put into it.
Well, not to kick a man when he's down, but you reported her for the crime that the punishment results from.I'd ask what the situation is from an angle of "hold up, that's my car, not hers".
The car is registered in her name, I’m a named driver on insurance and vice versa for my car
twenty21 said:
Yeah that’s fair enough, but at the same time what was I meant to do, let her continue on her merry jolly and potentially hurt someone?
The car is registered in her name, I’m a named driver on insurance and vice versa for my car
Registered keeper & owner of the car are not necessarily one & the same. States that on top of the V5c.The car is registered in her name, I’m a named driver on insurance and vice versa for my car
Could you claim to be joint owners?
Might be an idea to have a quick chat with a Scottish lawyer.
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