Guilty of Drink Driving but no ban
Guilty of Drink Driving but no ban
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ELD3R

Original Poster:

46 posts

199 months

Thursday 5th March 2015
quotequote all
http://www.stirlingnews.co.uk/news/courtreports/ar...

Hi folks. I was reading this earlier and the penalty seemed a little leniant given the usual punishment. I get the 'effect on business' argument, but am surprised that it worked given the Sheriff's comment that "...your record does disclose a somewhat cavalier attitude to road traffic offences..."

What does everyone think?

glasgowrob

3,349 posts

152 months

Thursday 5th March 2015
quotequote all
Just shows you if you shmooze in the right circles you'll be alright

glasgowrob

3,349 posts

152 months

Thursday 5th March 2015
quotequote all
Just shows you if you shmooze in the right circles you'll be alright

ELD3R

Original Poster:

46 posts

199 months

Thursday 5th March 2015
quotequote all
That thought did cross my mind Rob, but wasn't sure if I was just being uncharitable!

LoonR1

26,988 posts

208 months

Thursday 5th March 2015
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I thought it was an automatic minimum 12 month ban for this. I know you can 10 points for being in charge, but that's not a valid charge if you're in the driver's seat in a car with the engine running is it?

BlackLabel

13,251 posts

154 months

Thursday 5th March 2015
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article said:
“She is aware of the potential consequences arising from this matter and is aware that the loss of her driving licence would place a burden and an uncertain future when it comes to the continuation of the business.”

He added that Grossart also needed to be able to visit her son and daughter, who were at boarding school in Edinburgh.
- See more at: http://www.stirlingnews.co.uk/news/courtreports/ar...
If you google her name you'll see that she got a 2.3m pound divorce payment a few years back. Spousal maintenance too I assume? He ex-husband was worth c.20m.

Keeping all of that in mind it's not as if she couldn't afford to take taxis for a year or even hire a full time chauffeur. Oh well I suppose the Sheriff knows best.


V8 Bob

303 posts

156 months

Thursday 5th March 2015
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Second one I've seen up in Scotland in 2 days other one was in his car with engine running to charge his phone whilst we'll over the limit. couldn't see that being a valid excuse in England

Terminator X

20,900 posts

235 months

Thursday 5th March 2015
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I know it's come up plenty of times but simply being sat in your car pissed or indeed almost in your car seems rough justice to me.

TX.

LoonR1

26,988 posts

208 months

Thursday 5th March 2015
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Terminator X said:
I know it's come up plenty of times but simply being sat in your car pissed or indeed almost in your car seems rough justice to me.

TX.
How did this woman's car get onto the M9? Did she park it there on the hard shoulder before nipping out shopping and having a liquid lunch amd then returning just to drop her bags off?

Be serious.

V8forweekends

2,501 posts

155 months

Thursday 5th March 2015
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Beak -

“This was a serious matter, and your record does disclose a somewhat cavalier attitude to road traffic offences"

WTF

Sheepshanks

41,269 posts

150 months

Thursday 5th March 2015
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ELD3R said:
I get the 'effect on business' argument
I wonder what the extent of those business - a political research company, and a business networking and marketing company - is? They sound more like hobbies.

She's cracking on a bit to have kids at school too.

wack

2,103 posts

237 months

Thursday 5th March 2015
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It's different if you get convicted because you went out to your car in the street to get something out of the glovebox to being caught stationary on the hard shoulder sending a text.

The woman has an unbelievable level of arrogance , something the court has now allowed her to carry on driving with.

The only saving grace is 10 points means any minor traffic offence will result in a ban

s2kjock

1,855 posts

178 months

Thursday 5th March 2015
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Sheepshanks said:
She's cracking on a bit to have kids at school too.
Not unusual to have geriatric parents at boarding school.

On the face of it quite outrageous sentence.

Aretnap

1,982 posts

182 months

Thursday 5th March 2015
quotequote all
LoonR1 said:
I thought it was an automatic minimum 12 month ban for this. I know you can 10 points for being in charge, but that's not a valid charge if you're in the driver's seat in a car with the engine running is it?
She was unquestionably guilty of being drun in charge. She was also almost certainly guilty of driving while drunk. Sounds like the protection were happy to take an easy drunk in charge conviction and didn't feel the need to push for conviction on the slightly more difficult, and more serious, charge. And that she caught the sherif in a very good mood when it came to sentencing.

selwonk

2,143 posts

256 months

Friday 6th March 2015
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I got half the fine and 4/10s of the points for 38 in a 30...

agtlaw

7,417 posts

237 months

Friday 6th March 2015
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Aretnap said:
LoonR1 said:
I thought it was an automatic minimum 12 month ban for this. I know you can 10 points for being in charge, but that's not a valid charge if you're in the driver's seat in a car with the engine running is it?
She was unquestionably guilty of being drun in charge. She was also almost certainly guilty of driving while drunk. Sounds like the prosecution were happy to take an easy drunk in charge conviction and didn't feel the need to push for conviction on the slightly more difficult, and more serious, charge. And that she caught the sherif in a very good mood when it came to sentencing.
The title of this thread is misleading, the article says that it was 'drunk in charge' - 10 points or a discretionary disqualification of any length (at least it would be in England). I've had several driver asleep engine running cases - CPS never seeks to establish antecedent driving.

Absent a confession, how would they prove driving?

ELD3R

Original Poster:

46 posts

199 months

Friday 6th March 2015
quotequote all
Fair point re the title agt, but to a non-expert (me) it still seems crazy that driving can't be established beyond reasonable doubt. It wasn't like a helicopter dropped her Rav4 on the hard shoulder!

matchmaker

9,071 posts

231 months

Friday 6th March 2015
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agtlaw said:
Aretnap said:
LoonR1 said:
I thought it was an automatic minimum 12 month ban for this. I know you can 10 points for being in charge, but that's not a valid charge if you're in the driver's seat in a car with the engine running is it?
She was unquestionably guilty of being drun in charge. She was also almost certainly guilty of driving while drunk. Sounds like the prosecution were happy to take an easy drunk in charge conviction and didn't feel the need to push for conviction on the slightly more difficult, and more serious, charge. And that she caught the sherif in a very good mood when it came to sentencing.
The title of this thread is misleading, the article says that it was 'drunk in charge' - 10 points or a discretionary disqualification of any length (at least it would be in England). I've had several driver asleep engine running cases - CPS never seeks to establish antecedent driving.

Absent a confession, how would they prove driving?
Same in Scotland. And I agree about the title being misleading.

LoonR1

26,988 posts

208 months

Friday 6th March 2015
quotequote all
ELD3R said:
Fair point re the title agt, but to a non-expert (me) it still seems crazy that driving can't be established beyond reasonable doubt. It wasn't like a helicopter dropped her Rav4 on the hard shoulder!
Totally agree. It sets the tone for anyone who isn't caught red handed to walk away with a less than deserved punishment.

Sheepshanks

41,269 posts

150 months

Friday 6th March 2015
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It's pretty incredible when a local to us, pillar of the community etc etc was breath tested an hour after she arrived home, had drunk after arriving home (the quantity was disputed) but was still convicted (even after an appeal with a top QC) of drunk driving.