Caught for Drink Driving
Discussion
Can someone tells me what happens when you are caught for drink driving.
I should add that this is not something I or my partner have done.
Basically someone we know has been caught last week, the car was absent for a couple of days and then has returned this evening with the individual driving it.
Would this person have been arested?
Should he still be driving the car?
I should add that this is not something I or my partner have done.
Basically someone we know has been caught last week, the car was absent for a couple of days and then has returned this evening with the individual driving it.
Would this person have been arested?
Should he still be driving the car?
Not that it has ever happened to me, or anyone I know, but to the best of my knowledge no punishment will be enforced until/if the case is heard in court.
Usually for drink driving, it's a 12 month ban, which will come into effect as soon as passed by the magistrate. That means that if they drive to court, they won't be able to (legally) drive home again.
Usually for drink driving, it's a 12 month ban, which will come into effect as soon as passed by the magistrate. That means that if they drive to court, they won't be able to (legally) drive home again.
vonhosen said:
Where found to be over the limit following arrest, typically uou'll be bailed.
Whether that is to return to the Police station or to go to court depends on how much over the limit you were.
You won't be banned from driving unless convicted & sentenced at court.
Whether that is to return to the Police station or to go to court depends on how much over the limit you were.
You won't be banned from driving unless convicted & sentenced at court.
OK that explains a lot and was identical to what I was told after I posted here. He is on bail and they are waiting on blood test results. I am 99.9% certain this person has already been banned once before so not sure what will happen.
CatherineJ said:
vonhosen said:
Where found to be over the limit following arrest, typically uou'll be bailed.
Whether that is to return to the Police station or to go to court depends on how much over the limit you were.
You won't be banned from driving unless convicted & sentenced at court.
Whether that is to return to the Police station or to go to court depends on how much over the limit you were.
You won't be banned from driving unless convicted & sentenced at court.
OK that explains a lot and was identical to what I was told after I posted here. He is on bail and they are waiting on blood test results. I am 99.9% certain this person has already been banned once before so not sure what will happen.
He will probably get a much longer ban. (two-three years or so per reports of similar in local papers) In worst case - he may get a short prison term - but I do not think normal. I base this on the cases as reported in the press - und there have been a few.. whereby persons did not go to jail despite multiple convictions - but received lengthier bans.
Narvanath said:
Drunk driver's deserve what they get and more. Given that there are too many cars on the the road today, banning drunks from driving for life would be a very good thing indeed! 
There's a big difference between drink drivers and drunk drivers though (not that I would risk being the former, but it's the latter that are the menace).
cheeky said:
Narvanath said:
Drunk driver's deserve what they get and more. Given that there are too many cars on the the road today, banning drunks from driving for life would be a very good thing indeed!
There's a big difference between drink drivers and drunk drivers though (not that I would risk being the former, but it's the latter that are the menace).
There's no difference at all, lack of respect for other people to the point that you risk killing them for the sake of a drink . . . scum one and all and all deserve serious ban and if caught several times, permenant ban, then if caught driving whilst banned, straight to gaol, do not pass go, do not get bail or court appearance, three months behind bars.
busa_rush said:
cheeky said:
Narvanath said:
Drunk driver's deserve what they get and more. Given that there are too many cars on the the road today, banning drunks from driving for life would be a very good thing indeed!
There's a big difference between drink drivers and drunk drivers though (not that I would risk being the former, but it's the latter that are the menace).
There's no difference at all, lack of respect for other people to the point that you risk killing them for the sake of a drink . . . scum one and all and all deserve serious ban and if caught several times, permenant ban, then if caught driving whilst banned, straight to gaol, do not pass go, do not get bail or court appearance, three months behind bars.
Well hang on a minute. Can you explain the difference between 'drink driver' and 'drunk driver'?
Perhaps you believe that a driver should drink no alcohol at all, but bear in mind the law does not require that, and rightly so IMHO.
Please note, I'm not seeking to defend those who drink to the extent of appreciably damaging their ability to drive safely.
Best wishes all,
Dave.
TripleS said:
busa_rush said:
cheeky said:
Narvanath said:
Drunk driver's deserve what they get and more. Given that there are too many cars on the the road today, banning drunks from driving for life would be a very good thing indeed!
There's a big difference between drink drivers and drunk drivers though (not that I would risk being the former, but it's the latter that are the menace).
There's no difference at all, lack of respect for other people to the point that you risk killing them for the sake of a drink . . . scum one and all and all deserve serious ban and if caught several times, permenant ban, then if caught driving whilst banned, straight to gaol, do not pass go, do not get bail or court appearance, three months behind bars.
Well hang on a minute. Can you explain the difference between 'drink driver' and 'drunk driver'?
Perhaps you believe that a driver should drink no alcohol at all, but bear in mind the law does not require that, and rightly so IMHO.
Please note, I'm not seeking to defend those who drink to the extent of appreciably damaging their ability to drive safely.
Best wishes all,
Dave.
I don't think there is a difference but the OP was suggesting (I believe) that a drink driver is somebody who has a few drinks and ends up over the limit and drunk drivers as, presumably, somebody who knows they are over the limit and chooses to drive.
Either way, we all know that one drink might be OK, after that you're running the risk of being over the limit. This isn't something new is it - we've all been aware of the limits and the risks for the last 15 years or so.
There probably are some people who geniinly don't know that they are over the limit but when they kill somebody, it's a bit late to learn how much you can safely drink. They ought to find out now . . . or just don't drink and drive - how hard can that be ?
Try the following scenario........
Driving along within the speed limit, a young child runs out into the road in front of you, hits your car and dies.....bad enough....
Driving along within the speed limit, having just left the pub after drinking a couple of pints of shandy,(legally fit to drive), same scenario...
I reckon you would be haunted for the rest of your life, that if you had not had that couple of drinks your reaction time MAY have been that vital second or so quicker......
Driving along within the speed limit, a young child runs out into the road in front of you, hits your car and dies.....bad enough....
Driving along within the speed limit, having just left the pub after drinking a couple of pints of shandy,(legally fit to drive), same scenario...
I reckon you would be haunted for the rest of your life, that if you had not had that couple of drinks your reaction time MAY have been that vital second or so quicker......
shuvitupya said:
Driving while tired is just as bad as drink driving in terms of reaction times.
Maybe we should ban all drivers that do not have 8 hours sleep before driving.
Maybe we should ban all drivers that do not have 8 hours sleep before driving.
You make a valid point but we can't always avoid being tired - we can avoid having a drink . . . it's not difficult, just don't get into the drivers seat if you're in any way unsure . . .
YEP - thats what the AD said -
"IF YOU DRINK ,DON'T DRIVE -- IF YOU DRIVE , DON'T DRINK" --
Only solution is not to have one, can any one put hand on heart and say that their judgement ( including judgement of fitness ) is not affected.
Agree with the ideas that drink driving is not an offence - but the onus is with the driver - as long as he/she can be relied on to reliably determine this (as drink clouds their judgement) after a drink or two.
"IF YOU DRINK ,DON'T DRIVE -- IF YOU DRIVE , DON'T DRINK" --
Only solution is not to have one, can any one put hand on heart and say that their judgement ( including judgement of fitness ) is not affected.
Agree with the ideas that drink driving is not an offence - but the onus is with the driver - as long as he/she can be relied on to reliably determine this (as drink clouds their judgement) after a drink or two.
busa_rush said:
TripleS said:
Well hang on a minute. Can you explain the difference between 'drink driver' and 'drunk driver'?
Perhaps you believe that a driver should drink no alcohol at all, but bear in mind the law does not require that, and rightly so IMHO.
Please note, I'm not seeking to defend those who drink to the extent of appreciably damaging their ability to drive safely.
Best wishes all,
Dave.
I don't think there is a difference but the OP was suggesting (I believe) that a drink driver is somebody who has a few drinks and ends up over the limit and drunk drivers as, presumably, somebody who knows they are over the limit and chooses to drive.
You really don't know the difference judging by that answer, scary
. busa_rush said:
There probably are some people who geniinly don't know that they are over the limit but when they kill somebody, it's a bit late to learn how much you can safely drink. They ought to find out now . . . or just don't drink and drive - how hard can that be ?
There is no logic at all in that statement. There are hundreds of thousnds of responsible drivers who enjoy a beer or wine and drive perfectly safely. To suggest they are going to kill somebody is akin to suggesting that at 35mph they will kill somebody, so should slow down to 30. No logic.
[/quote]
busa_rush said:
shuvitupya said:
Driving while tired is just as bad as drink driving in terms of reaction times.
Maybe we should ban all drivers that do not have 8 hours sleep before driving.
Maybe we should ban all drivers that do not have 8 hours sleep before driving.
You make a valid point but we can't always avoid being tired - we can avoid having a drink . . . it's not difficult, just don't get into the drivers seat if you're in any way unsure . . .
In what way can you not avoid being tired, and why should that excuse you from fatigued driving? You sound a little hypocritical to me. You would rather have people driving whilst finding it difficult to keep their eyes open (it's one of the most dangerous states to drive in and causes thousands of accidents) than driving perfectly alert after having had a drink?
Forums | Speed, Plod & the Law | Top of Page | What's New | My Stuff