Drink & drive - repeat - penalty
Drink & drive - repeat - penalty
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Philbes

Original Poster:

4,891 posts

264 months

Monday 26th February 2007
quotequote all
A female friend was banned approx. 2½ years ago for driving when over the legal alcohol limit. I think the ban was reduced to less than a year (9 months?) because she went to 're-hab' meetings.
She has just been caught and banned again.
Both times she was involved in accidents. No injuries to either party, but her cars written-off both times.
If she is caught again, after this ban ends, what are the chances of a prision sentence?

vixpy1

42,699 posts

294 months

Monday 26th February 2007
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Very high

staceyb

7,107 posts

254 months

Monday 26th February 2007
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How well will she suit orange? Or does her complexion go better with stripes?

tigger1

8,478 posts

251 months

Monday 26th February 2007
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Philbes said:

If she is caught again, after this ban ends, what are the chances of a prison sentence?

Hopefully very high.

Has anyone (kindly) suggested going to group meetings about a dependency that she may have? If she hasn't a dependency, hopefully she'll decide to give up either one or the other (or both) - surely getting the first ban should serve as a pretty harsh warning??

Philbes

Original Poster:

4,891 posts

264 months

Monday 26th February 2007
quotequote all
tigger1 said:
Philbes said:

If she is caught again, after this ban ends, what are the chances of a prison sentence?

Hopefully very high.

Has anyone (kindly) suggested going to group meetings about a dependency that she may have? If she hasn't a dependency, hopefully she'll decide to give up either one or the other (or both) - surely getting the first ban should serve as a pretty harsh warning??


She went to group meetings after the first offence. Obviously didn't work as she has been caught/banned again. She is basically an alcoholic and must have been over the limit most times she has driven since finishing the ban for the first offence. Her husband keeps no booze in the house and only buys enough for the evening if they have friends visiting.

Between her two bans she fell two floors off the balcony on their house and fractured her pelvis, hip and wrist. When she was in hospital a, so-called, friend took alcohol (brandy) to her.

She doesn't have a car at the moment. However, she made no attempt to drive last time she was banned, so at least showing some sense there.

I am visiting her tonight so shall find out more about the length of her ban and if any conditions (treatment?) were attached.

I'm really looking for ways to help/frighten her into giviing up the booze, or at least booze+driving for a start. Hence the question regarding future punishment.

Bing o

15,184 posts

249 months

Monday 26th February 2007
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Philbes said:
I'm really looking for ways to help/frighten her into giviing up the booze, or at least booze+driving for a start. Hence the question regarding future punishment.


If getting banned twice for writing your car off and falling out of a balcony doesn't do it, I doubt anything will.

dcb

6,070 posts

295 months

Monday 26th February 2007
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Bing o said:

If getting banned twice for writing your car off and falling out of a balcony doesn't do it, I doubt anything will.


True. Time for the husband to take the car keys off her.

Hopefully, she's going to prison, but what with the
prisons being full, I think she's more likely to
get treatment.

No booze in the house, some treatment down at
AA, car keys hidden away so she can't drive are
all steps in the right direction.

Philbes

Original Poster:

4,891 posts

264 months

Monday 26th February 2007
quotequote all
dcb said:
Bing o said:

If getting banned twice for writing your car off and falling out of a balcony doesn't do it, I doubt anything will.


True. Time for the husband to take the car keys off her.

Hopefully, she's going to prison, but what with the
prisons being full, I think she's more likely to
get treatment.

No booze in the house, some treatment down at
AA, car keys hidden away so she can't drive are
all steps in the right direction.


As I said, she isn't going to prison for her second offence and won't be driving until her ban is finished - she has no car and her husband certainly won't let her drive. She has plenty of friends that will give her lifts.
My concern is to stop her committing another drink/drive offence in the future.
I agree that curing her of her alcoholism is the real way forward but she needs motivation for that. The thought of prison for a third offence would be a definite incentive, hence my original question.

deva link

26,934 posts

275 months

Monday 26th February 2007
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Did her insurance pay out for the written off cars, or are we talking about cheap cars, or someone who is loaded?

711

806 posts

255 months

Monday 26th February 2007
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I think there was another thread recently by Chilli, who had a friend / colleague who got jail time for being caught a third time...

diddly

91 posts

291 months

Monday 26th February 2007
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Regardless of whether she will do time( highly likely though) she will be banned requiring re-test before getting her licence back. Also, as she has/will have re-offended more than twice in the preceding 10 years she will have to submit to a medical examination to prove she does not have a drink/drug problem before being allowed to take the Test after disqualification

catso

16,527 posts

297 months

Monday 26th February 2007
quotequote all
A chap I know got caught a second time for DD, he got a 3 year ban, (1st time a 1 yr ban), this was a few years back though so I don't know if that punishment is still likely, in both cases he didn't have a crash, just caught (not sure if that's relevant).

Philbes

Original Poster:

4,891 posts

264 months

Tuesday 27th February 2007
quotequote all
deva link said:
Did her insurance pay out for the written off cars, or are we talking about cheap cars, or someone who is loaded?


Cars were worth less than £2½K - I don't know whether insurance paid out. Second accident wasn't her fault - she was stopped and a car slid out of a side-road into the side of her car. A passerby called the police, both drivers tested, she failed.

She is trying to hid the fact that she has been banned a second time for drink-drive. She doesn't know that I know and last night explained her lack of car by saying she doesn't really need one at the moment!

david godfrey

3,857 posts

254 months

Tuesday 27th February 2007
quotequote all
Bing o said:
Philbes said:
I'm really looking for ways to help/frighten her into giviing up the booze, or at least booze+driving for a start. Hence the question regarding future punishment.


If getting banned twice for writing your car off and falling out of a balcony doesn't do it, I doubt anything will.


have to agree with this, it follows the new £60 for using a mobile - I doubt it will have any affect

Griff Bitch

2,187 posts

239 months

Tuesday 27th February 2007
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I know someone who has been done for drink - driving, not once, twice, three times but 4 bloody times. He was driving whilst on a ban in a car that had no tax or insurance. He arrived at the court fully expecting a custodial sentance, but no, he got a fine and had to go into re-hab (Which hasn't worked.)for 6 months. How many chances must he be given? he obviously has no qualms getting behind the wheel when he is blind drunk and already banned. Are the courts waiting until he kills someone for them to punish him severely? Makes a mockery of the system.

jith

2,752 posts

245 months

Tuesday 27th February 2007
quotequote all
dcb said:
Bing o said:

If getting banned twice for writing your car off and falling out of a balcony doesn't do it, I doubt anything will.


True. Time for the husband to take the car keys off her.

Hopefully, she's going to prison, but what with the
prisons being full, I think she's more likely to
get treatment.

No booze in the house, some treatment down at
AA, car keys hidden away so she can't drive are
all steps in the right direction.



Why do you hope that this woman goes to prison?
What on earth do you think that would achieve?
We have been attempting to "cure" drunk driving in this country for over thirty years: I now think it is about time that we had a powerful dose of reality injected into the law.
It is NOT going to be cured by prosecution because it is an illness.
Do you honestly consider this woman to be a criminal?
I shared my life with someone for a short time who had this problem, and it had to be experienced to believe how bad it gets, and I can assure you it has nothing to do with criminal intent.
Any individual now caught driving in this state, and I don't mean technically just over the limit but sober, should be required by law to undertake treatment for alcoholism; there is no other answer, nothing else works.

jwo

989 posts

279 months

Tuesday 27th February 2007
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How about a lifetime ban!

Two accidents whilst over limit - okay second one allegedly wasn't her fault - but with sober reactions possibly avoided?

When will people learn?

DD once is bad enough, but twice?? Oh dear oh dear.

ProPlus

3,810 posts

270 months

Tuesday 27th February 2007
quotequote all
The next step would be not to let her behind the wheel of a vehicle until she kicks the habit or learns how to drink in moderation... Its not been explained how she managed to get behind the wheel drunk this time?? Did her husband know or was she drinking by herself and wanted to get more??

Philbes

Original Poster:

4,891 posts

264 months

Tuesday 27th February 2007
quotequote all
ProPlus said:
The next step would be not to let her behind the wheel of a vehicle until she kicks the habit or learns how to drink in moderation... Its not been explained how she managed to get behind the wheel drunk this time?? Did her husband know or was she drinking by herself and wanted to get more??



She works from home as a seamstress (damn good at it) and used her car during the day. Some days she drinks during the day, some days she doesn't. her husband has been at work when she had both her accidents.

I agree with the suggest above that alcoholism (or alcohol dependance) is a disease and needs treatment not a prison sentence. Taking away her license and not returning it until she is proven to be cured seems to be a way forward. So far she has never (as far as anyone knows) driven when banned. There is no car available to her. I doubbt she will be able to afforsd to drive when she gets her license back this time - the insurance premiums will be rather high I imagine.