Drink driving - is it a criminal or traffic offence
Discussion
What I mean by that is, do you end up with a "proper" criminal record for being caught, such as if you had been done for GBH or something like that, or is it more like a more serious endorsable driving offence that would not be put on an official criminal record?
As some of you may remember, my friend got caught and he seems to think he might go to prison and get a criminal record, however i dont think thats the case: He got caught after having a bottle of wine and giving a reading of 43 - so he claims anyway....
Although he is waiting for an official result. He was going on holiday in April and he has to report on the 10th of April which clashes with the holiday. He seems to now think he will have to cancel this holiday, but again, I dont think this would be the case.
Anyone care to share any light on these issues?
As some of you may remember, my friend got caught and he seems to think he might go to prison and get a criminal record, however i dont think thats the case: He got caught after having a bottle of wine and giving a reading of 43 - so he claims anyway....
Although he is waiting for an official result. He was going on holiday in April and he has to report on the 10th of April which clashes with the holiday. He seems to now think he will have to cancel this holiday, but again, I dont think this would be the case.
Anyone care to share any light on these issues?
Yes it is a criminal offence. Yes will have to cancel his holiday.
A breath reading of 43 means he will more than likely be banned for the mandatory minimum 12 months, more than likely be offered to reduce this to 9 months if he attends a DD rehab course. Unless there are other issues to consider - accident / injury / dangerous driving etc.
Also, if he had a bottle of wine shortly before driving (i.e. not the night before) then my guess is he is telling fibs about the reading - I would expect it to be much higher.
>> Edited by UpTheIron on Tuesday 7th March 19:19
A breath reading of 43 means he will more than likely be banned for the mandatory minimum 12 months, more than likely be offered to reduce this to 9 months if he attends a DD rehab course. Unless there are other issues to consider - accident / injury / dangerous driving etc.
Also, if he had a bottle of wine shortly before driving (i.e. not the night before) then my guess is he is telling fibs about the reading - I would expect it to be much higher.
>> Edited by UpTheIron on Tuesday 7th March 19:19
Well I did search before I posted... never mind.
Cheers for the link anyway.
Slightly OT, but he's waited over a month so far for the result and they told him today to go back on the 10th of April... i'd have thought they'd want to get him of the road as quick as possible, as potentially he may be still driving around doing this (even though he isnt).
Edit: just read that, and as far as i know he definitely had a blood test and not one of those breathalyser things.
BTW I am not sure this had anything to do with my original question, so really there wasnt any need for the tone of that reply IMO!
>> Edited by pbirkett on Tuesday 7th March 19:37
Cheers for the link anyway.
Slightly OT, but he's waited over a month so far for the result and they told him today to go back on the 10th of April... i'd have thought they'd want to get him of the road as quick as possible, as potentially he may be still driving around doing this (even though he isnt).
Edit: just read that, and as far as i know he definitely had a blood test and not one of those breathalyser things.
BTW I am not sure this had anything to do with my original question, so really there wasnt any need for the tone of that reply IMO!
>> Edited by pbirkett on Tuesday 7th March 19:37
pbirkett said:
BTW I am not sure this had anything to do with my original question, so really there wasnt any need for the tone of that reply IMO!
Stupid boy. Surely by now you should realise that you MUST read every single post on each individual forum, lest you upset some poor soul who posted some wise words by asking a repeat question ?
IOLAIRE said:
If you think any of that is superfluous or amusing, wait until you are on the receiving end and see how it feels.
I never will be, mainly because i have more sense than to even pick up my car keys after having a drink, never mind actually getting into the car and attempting to drive. No doubt the "what if" brigade will now claim that road-side breathylisers can give false +ve's after too much Tartar sauce or something now...
Addressing fellow members as "you people" suggests a massive superiority complex and frankly was totally un-called for in response to a genuine request for advice. A simple link would have been more than appreciated i'm sure.
>> Edited by monkeyhanger on Tuesday 7th March 23:56
IOLAIRE, when you say "you", I get the impression you think I am asking for myself!! You should not assume! It is not about me, FYI!!!
I dont know where you got the impression that my question was in any light hearted, it was a simple straightforward question, and TBH, I am STILL non the wiser. Of course you get tried in the same way etc as a normal offence, I know this! And you say it stays on your license for 11 years, and affects your ability to get a job that requires a clean driving license!
But this isnt what I asked!!! The person in question does not have a job, or will ever have a job, that requires a driving license.
What I asked was, if a potential employer checks criminal records, will it show up? Because AFAIK, a driving offence usually doesnt, although I am perfectly prepared to be corrected, but If I personally was to go for a job, I would not expect to lose it because i have 3 points on my license.
Do you see what I am asking?
I dont know where you got the impression that my question was in any light hearted, it was a simple straightforward question, and TBH, I am STILL non the wiser. Of course you get tried in the same way etc as a normal offence, I know this! And you say it stays on your license for 11 years, and affects your ability to get a job that requires a clean driving license!
But this isnt what I asked!!! The person in question does not have a job, or will ever have a job, that requires a driving license.
What I asked was, if a potential employer checks criminal records, will it show up? Because AFAIK, a driving offence usually doesnt, although I am perfectly prepared to be corrected, but If I personally was to go for a job, I would not expect to lose it because i have 3 points on my license.
Do you see what I am asking?
IOLAIRE said:
...So I think it just a tad important that all of us realise the implications of what the evidential procedure is at the moment and how desperately easy it is to be prosecuted when you are sober, particularly in the light of remarks from people like CombeMarshal who want to jail you for a first offence.
If you think any of that is superfluous or amusing, wait until you are on the receiving end and see how it feels.
There is a simple answer that in itself is a 'tad important'. DONT IMBIBE ANYTHING ALCOHOLIC AND DRIVE!
You will not have to worry about ticker tape of plastic tubes if you take that advice!
pbirkett said:
..Do you see what I am asking?
There are two types of offence and justice
1. Criminal which includes all traffic law.
2. Civil which includes Tort.
Criminal law is divided into recordable offences and non recordable offences. Drink drive is a recordable offence because you get a club number for a conviction.
A minor traffic offence comes within the non recordable group and you will not get the club number although you may get other endorsements such as points on your licence.
Dangeorus driving is a recordable offence that will see you with a club number. It will also see you with DNA and dabs taken from you.
You know the next question someone's gonna ask don't you?!....
UpTheIron said:
[quote=pbirkett
Dangeorus driving is a recordable offence that will see you with a club number. It will also see you with DNA and dabs taken from you.
Does this not happen with Drink Driving then?
Without wanting to sound odd but are you sure? At the time of arrest? Or after conviction?
pbirkett said:
What I mean by that is, do you end up with a "proper" criminal record for being caught, such as if you had been done for GBH or something like that, or is it more like a more serious endorsable driving offence that would not be put on an official criminal record?
As some of you may remember, my friend got caught and he seems to think he might go to prison and get a criminal record, however i dont think thats the case: He got caught after having a bottle of wine and giving a reading of 43 - so he claims anyway....
Although he is waiting for an official result. He was going on holiday in April and he has to report on the 10th of April which clashes with the holiday. He seems to now think he will have to cancel this holiday, but again, I dont think this would be the case.
Anyone care to share any light on these issues?
As previously stated he will get a criminal record if convicted of this offence at court. If it is a first offence he should get a fine and a mandatory 12 month ban. If there are no other aggravating factors.
For any future employment that requests the disclosing of criminal convictions: He will have to comply with the Rehabilitation of Offenders Act regarding the disclosure. It is based on the penalty received and can be found on the web. Some jobs, mainly those involving driving, will ask for additional disclosure over and above that act with regards to driving related convictions.
From reading the above and your other responses, it sounds to me like he took the blood option and has been bailed to return to the Police station pending the arrival of the lab statement regarding the alcohol content in his blood. What he can do with regards to the holiday is to speak to the officer concerned to see if the blood result has come back earlier than expected. It's common for us to err on the side of caution with regards to the length of time it takes to get these back. If it does come back early and is under the legal limit then he should be able to arrange to have his bail date cancelled and therefore be free to go on holiday. It's a big 'if' though.
HTH
Brian
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