Drink drive legal process questions
Discussion
Cutting a long and dull story short, I've just been told that someone I know has lost their licence. But some of the story doesn't add up so I'm trying to work out which bits are b
ks....
Apparently they were caught in December and have just been banned. But, again apparently, there wasn't a court appearance as they pled guilty. First question is is this a thing now? I thought there was always a court appearance for a ban.
The further complication is that there's been a change of car about the same time. Apparently (again!!) due to mechanical issues but with an interesting choice of words as the garage that was looking at it apparently "wrote it off"... This was a 5-y-o mini.
It was an odd way to put it at the time and now this has come to light makes me think it was more than just a Christmas drunk drive stop.
ks....Apparently they were caught in December and have just been banned. But, again apparently, there wasn't a court appearance as they pled guilty. First question is is this a thing now? I thought there was always a court appearance for a ban.
The further complication is that there's been a change of car about the same time. Apparently (again!!) due to mechanical issues but with an interesting choice of words as the garage that was looking at it apparently "wrote it off"... This was a 5-y-o mini.
It was an odd way to put it at the time and now this has come to light makes me think it was more than just a Christmas drunk drive stop.
Bill said:
Apparently they were caught in December and have just been banned. But, again apparently, there wasn't a court appearance as they pled guilty. First question is is this a thing now? I thought there was always a court appearance for a ban.
Don't know about this one.Bill said:
The further complication is that there's been a change of car about the same time. Apparently (again!!) due to mechanical issues but with an interesting choice of words as the garage that was looking at it apparently "wrote it off"... This was a 5-y-o mini.
So (allegedly) the car was taken in by the garage for work to be done & it was uneconomical to repair, it happens.Bill said:
It was an odd way to put it at the time and now this has come to light makes me think it was more than just a Christmas drunk drive stop.
Personal matter, IMHO.Afaik you always have to go to court for a dd offence irrespective of how you intend to plead although I would presume not guilty would be a pretty difficult one to get away with.
I can understand there could be a time delay between offence and court though.
Equally the latter could explain why there was a change of car between offence and court.
However I would imagine the number of people who change their car between offence and court are somewhat small.
I can understand there could be a time delay between offence and court though.
Equally the latter could explain why there was a change of car between offence and court.
However I would imagine the number of people who change their car between offence and court are somewhat small.
[quote=Plus4Four#]
Without the correct details there is a lot of guesswork and speculation.
Hence why so many topics get lengthy and full of rubbish.
The full story would take too long. The complication is that I can't butt out/mind my own business as suggested because of wider ramifications. I just want to confirm whether or not I'm being lied to as I suspect.Bill said:
Unfortunately it's more complicated than that.
What's the full story?Without the correct details there is a lot of guesswork and speculation.
Hence why so many topics get lengthy and full of rubbish.
The length of time between being arrested for the offence and attending court is sadly not unusual, the courts are basically backlogged and a DD offence would require a hearing of some description even with a guilty plea. Depending on how over the limit the person was when breathalysed it may also have been needed to take a blood sample for testing in which case the time to get that analysed can cause a delay in charging. If it was a straight forward fail roadside breath test then fail again at Police station the person is normally charged as soon as they are sober (provide a breath test under the legal limit).
As far as I was aware it is still required to attend court in person for any possible disqualification but it may be there are extenuating circumstances.
I'm sure Mr AGT will be along shortly to advise better than I on that
As far as I was aware it is still required to attend court in person for any possible disqualification but it may be there are extenuating circumstances.
I'm sure Mr AGT will be along shortly to advise better than I on that
Given the complete lack of any detail in the post, was the Driver involved in an accident? Was the car damaged? Was the car written off based on any such damage? Was a blood test taken?
Police have up to 6mths to charge and can take up to the last couple of days before charging. Not sure about the 'having' to attend court, are you sure they didn't?
If it's a close relative your asking about, they could be trying to save you from the full, gory, details and their undoubted shame and embarrassment over the whole situation!
Police have up to 6mths to charge and can take up to the last couple of days before charging. Not sure about the 'having' to attend court, are you sure they didn't?
If it's a close relative your asking about, they could be trying to save you from the full, gory, details and their undoubted shame and embarrassment over the whole situation!
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