Drunk driver caught (a second time)
Discussion
I know the chap. And have absolutely no desire to discuss the rights and wrongs of his doings, so lets keep this discussion focussed on the law and the probable outcome.
It was the second time he was caught. He refused to give a specimen and spent the night in the cells. He relies on his car to perform his job, and will incur great expenses in trains and taxis. He tells me he is probably looking at a three year ban, which by law is the minimum ban he would receive for a second offence, is this correct? What might the maximum term of a ban be for a second offence, and what (typically) is usually dished out under similar circumstances.
Also, what is the likelihood of a custodial sentence?
I don't condone his actions, but he has asked me to write him a testimonial. As a businessman he has plenty of good points and qualities, is there anything I should say which might possibly have a small impact on the length on the ban. All I can think of is pointing out how reliant on his car he is, to do his job. I doubt testimonials would have much of an effect anyway... over to you lot.
It was the second time he was caught. He refused to give a specimen and spent the night in the cells. He relies on his car to perform his job, and will incur great expenses in trains and taxis. He tells me he is probably looking at a three year ban, which by law is the minimum ban he would receive for a second offence, is this correct? What might the maximum term of a ban be for a second offence, and what (typically) is usually dished out under similar circumstances.
Also, what is the likelihood of a custodial sentence?
I don't condone his actions, but he has asked me to write him a testimonial. As a businessman he has plenty of good points and qualities, is there anything I should say which might possibly have a small impact on the length on the ban. All I can think of is pointing out how reliant on his car he is, to do his job. I doubt testimonials would have much of an effect anyway... over to you lot.
UKbob said:
I know the chap. And have absolutely no desire to discuss the rights and wrongs of his doings, so lets keep this discussion focussed on the law and the probable outcome.
It was the second time he was caught. He refused to give a specimen and spent the night in the cells. He relies on his car to perform his job, and will incur great expenses in trains and taxis. He tells me he is probably looking at a three year ban, which by law is the minimum ban he would receive for a second offence, is this correct? What might the maximum term of a ban be for a second offence, and what (typically) is usually dished out under similar circumstances.
Also, what is the likelihood of a custodial sentence?
I don't condone his actions, but he has asked me to write him a testimonial. As a businessman he has plenty of good points and qualities, is there anything I should say which might possibly have a small impact on the length on the ban. All I can think of is pointing out how reliant on his car he is, to do his job. I doubt testimonials would have much of an effect anyway... over to you lot.
Three year minimum mandatory ban. Massive fine. Custodial unlikely - might get some community service.It was the second time he was caught. He refused to give a specimen and spent the night in the cells. He relies on his car to perform his job, and will incur great expenses in trains and taxis. He tells me he is probably looking at a three year ban, which by law is the minimum ban he would receive for a second offence, is this correct? What might the maximum term of a ban be for a second offence, and what (typically) is usually dished out under similar circumstances.
Also, what is the likelihood of a custodial sentence?
I don't condone his actions, but he has asked me to write him a testimonial. As a businessman he has plenty of good points and qualities, is there anything I should say which might possibly have a small impact on the length on the ban. All I can think of is pointing out how reliant on his car he is, to do his job. I doubt testimonials would have much of an effect anyway... over to you lot.
Tell him to shove his testimonial up his ar5e, the stupid arrogant cvnt. If he needs his licence for work he shouldn't get in a car when he's pissed up.
I say again, arrogant cvnt.
Edited by Vesuvius 996 on Tuesday 19th June 16:44
I don’t know the likely sentence for this but he IS going to loose his licence for a long time, therefore I would have thought there is little point in writing something to say how he is dependant on his car. I would suggest it may be better to point out how he is otherwise a fine upstanding member of the community.
black-k1 said:
I don’t know the likely sentence for this but he IS going to loose his licence for a long time, therefore I would have thought there is little point in writing something to say how he is dependant on his car. I would suggest it may be better to point out how he is otherwise a fine upstanding member of the community.
Indeed, a fine upstanding member of the community who is so arrogant that he gets pissed up and drives with no consideration for anyone he might kill or maim.He sounds like a prize prick.
Getting done once for drink driving I can understand, if you are a tiny bit over the limit. Once, and once only. Twice is UNFORGIVEABLE.
Oh, and he'll probably have to retake his test.
Vesuvius 996 said:
black-k1 said:
I don’t know the likely sentence for this but he IS going to loose his licence for a long time, therefore I would have thought there is little point in writing something to say how he is dependant on his car. I would suggest it may be better to point out how he is otherwise a fine upstanding member of the community.
Indeed, a fine upstanding member of the community who is so arrogant that he gets pissed up and drives with no consideration for anyone he might kill or maim.He sounds like a prize prick.
Getting done once for drink driving I can understand, if you are a tiny bit over the limit. Once, and once only. Twice is UNFORGIVEABLE.
Oh, and he'll probably have to retake his test.
UKbob said:
he has asked me to write him a testimonial. As a businessman he has plenty of good points and qualities,
If you write him a testimonial and that gets him a lighter sentence do you think he will refrain from driving next time when over the limit?.As long as you can sleep at night knowing what a pillock he is then you go ahead and do the testimonial.
I wouldn't.
I'm posting out of my own curiosity, no more. I only found out because the case details were accidentally emailed to me, which led to my becoming involved when asked to produce a testimonial.
re: comments about the chap. I have nothing to say. First post says it all really
How large are fines for second offences, usually? And what of community service sentences?
re: comments about the chap. I have nothing to say. First post says it all really
How large are fines for second offences, usually? And what of community service sentences?
Jesus... lets all go kick him whilst he is down....
Please folks remember it only takes 2 mistakes in 10 years to be up shit creek... we dont know the situation behind this, he could have been sleeping in the car for all you lot know.... or simply had a pint and drove home and be incredibly sensitive to alcohol....
The guy is asking if a testamonial will help... not asking for your opinions on whether the geezer is stupid... give him the advice, but keep the opinions to yourself...
you may one day find yourself in a situation that happens out of a pure mistake and want peoples help... its not nice when people just want to put their foot in instead or offering advice...
Please folks remember it only takes 2 mistakes in 10 years to be up shit creek... we dont know the situation behind this, he could have been sleeping in the car for all you lot know.... or simply had a pint and drove home and be incredibly sensitive to alcohol....
The guy is asking if a testamonial will help... not asking for your opinions on whether the geezer is stupid... give him the advice, but keep the opinions to yourself...
you may one day find yourself in a situation that happens out of a pure mistake and want peoples help... its not nice when people just want to put their foot in instead or offering advice...
I know somebody, close to me, who was prosecuted for a second DD offence three years ago. Only just over the limit (not that it makes any difference). He was hit with a three year ban and 240 hours community service. The fine was only about £150.00 including costs. The bench did consider a custodial sentence and adjourned the case for social reports etc. When he turned up for the various interviews he took along a lot of testimonials from his neighbours, work colleagues, and people from various professions. Luckily he didn't end up going to jail, so whether or not the testimonials helped in his case, who knows, but they may be worth doing.
Bing o said:
Wise words ProPlus, I think we should all remember that 10 Pence Short is currently doing a year's stretch for messing up....
Wise words indeed ProPlus 
I have great respect for the minority of individuals who can be presented with controversial scenarios and discuss them cooly without becoming emotionally entangled.
What happened to 10PenceShort
Wasn't he a PHer? Is there a thread somewhere? If not, anyone care to retell the story. (Again I'm just curious, and make no apologies, I was born that way
)ProPlus said:
Please folks remember it only takes 2 mistakes in 10 years to be up shit creek... we dont know the situation behind this, he could have been sleeping in the car for all you lot know.... or simply had a pint and drove home and be incredibly sensitive to alcohol....
He would know if he was *incredibly sensitive* to alcohol (don't buy that for a second, but leaving that aside) and STILL drove! If I knew I was *incredibly sensitive* to alcohol I wouldn't drive after a pint, full stop.Anyway, I'll reserve judgement, could be a morning after thing which would catch a lot of people out.
As to the reference, just keep it honest, keeping to the positives etc. i.e. active in community (well, saying that, burglars are *active* in the community
), nice chap, hard worker, whatever etc....Bing o said:
Wise words ProPlus, I think we should all remember that 10 Pence Short is currently doing a year's stretch for messing up....
Ditto.10 Pence short still gets my symapthy as although it was a dumb-assed thing to do, at least he had the balls to tell us he had done it and take the flack for it - and there aren't many people I could think of that would do that on an internet forum.
SS HSV said:
Bing o said:
Wise words ProPlus, I think we should all remember that 10 Pence Short is currently doing a year's stretch for messing up....
Ditto.10 Pence short still gets my symapthy as although it was a dumb-assed thing to do, at least he had the balls to tell us he had done it and take the flack for it - and there aren't many people I could think of that would do that on an internet forum.
SS HSV said:
10 Pence short still gets my symapthy as although it was a dumb-assed thing to do, at least he had the balls to tell us he had done it and take the flack for it - and there aren't many people I could think of that would do that on an internet forum.
Not as hard as having to fess up to your nearest and dearest - been there done that, not nice, especially when you have your OH sobbing over your prostrate body on a back board after spinal x-rays....To answer the question - there is precious little anyone can write by way of a testimonial in these circumstances. If attending court costs you a days work, frankly I wouldn't bother going. The bench are pretty much tied as to what they can do here.
Mandatory 3 year ban. Assuming he's working a fine + costs of between £500 and £1000. Community Service is a possibility, if the previous posters' mate got 240 hours, that's the maximum amount a court can impose.
Prison is unlikely but not unheard of. If the second offence is not long after he got his licence back, and he's up before a Stipe, I'd probably pack my toothbrush. He did himself no favours at all by refusing to provide - Courts will treat this at the top of the scale - i.e. as if he was 3+ times the limit.
Mandatory 3 year ban. Assuming he's working a fine + costs of between £500 and £1000. Community Service is a possibility, if the previous posters' mate got 240 hours, that's the maximum amount a court can impose.
Prison is unlikely but not unheard of. If the second offence is not long after he got his licence back, and he's up before a Stipe, I'd probably pack my toothbrush. He did himself no favours at all by refusing to provide - Courts will treat this at the top of the scale - i.e. as if he was 3+ times the limit.
It has no doubt been said before people don't get caught the first time they are over the limit, when they say "It's the first time I've ever done this" what they really mean is, It's the first time (or second time in some cases) they have been caught.
Sex offenders, paedophiles,burglers, car theives they never get caught the first time, people that drink and drive are either tight fisted or lazy, they either won't pay for a cab, or won't walk, they ignore the danger because they are not on the recieving end.
To knowingly brake the law then expect ANY sympathy is unbelievable and even more so on a motoring forum.
IMO to say "But for the grace of god go I" means the person saying it knowingly puts themselves it that same situation, we all know the rules, if you aren't going to play by them you deserve all you get.
Sex offenders, paedophiles,burglers, car theives they never get caught the first time, people that drink and drive are either tight fisted or lazy, they either won't pay for a cab, or won't walk, they ignore the danger because they are not on the recieving end.
To knowingly brake the law then expect ANY sympathy is unbelievable and even more so on a motoring forum.
IMO to say "But for the grace of god go I" means the person saying it knowingly puts themselves it that same situation, we all know the rules, if you aren't going to play by them you deserve all you get.
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