drink driving for the 2nd time, expected penalty?
drink driving for the 2nd time, expected penalty?
Author
Discussion

rsvr1000

Original Poster:

49 posts

282 months

Tuesday 25th February 2003
quotequote all
a mate of mine has got caught drink driving for a second time (yes I agree what a knob), what do people think he'll get for punishment (it was in kent). The first time he was banned for 18 months.

plotloss

67,280 posts

290 months

Tuesday 25th February 2003
quotequote all
Ohhh ugly.

Gotta be looking at the same, or maybe two years.

A chap I knew once upon a time got caught DDD (drink driving on a drink driving ban) 3 times, I think that was a permanent departure...

Matt.

madcop

6,649 posts

283 months

Tuesday 25th February 2003
quotequote all
If his second offence was within ten years of the first, he will receive a 5 year ban in all probability and a means related fine. If he has a good solicitor, then he may be able to get a reduction in his disqaulification.
Bobthebench will be able to tell you better.

Marcos maniac

3,148 posts

281 months

Tuesday 25th February 2003
quotequote all
he should get locked up

IMO

pdv6

16,442 posts

281 months

Tuesday 25th February 2003
quotequote all

plotloss said:I think that was a permanent departure...

They've brought back hanging, then?

Mind you, probably deserves it.

Agent006

12,058 posts

284 months

Tuesday 25th February 2003
quotequote all
death by stoning. next question.....

outlaw

1,893 posts

286 months

Tuesday 25th February 2003
quotequote all
about half a year is quite posible for this one

dont be suprised if he get birded off.

MoJocvh

16,837 posts

282 months

Tuesday 25th February 2003
quotequote all
Well, if someone driving at 146 mph(*) can get a 9 year ban and ONE YEAR INSIDE whilst under the influence of nothing (adrenelin aside),then he should be alright then shouldn't he?

* Mind you it was in a Skoda.........MoJo.

bobthebench

398 posts

283 months

Tuesday 25th February 2003
quotequote all
Depends when last one was. If withn 10 years, then 3 year ban minimum. Very probably longer i.e. last time 12 months was minimum, circumstances merited 18 month (+50%). Clearly not learned anything, so expect 4-5 years on that basis. If other one was within last 2-3 years, look at 5 years or longer plus ordered to resit the extended driving test and a drink re-hab course.

ultimapaul

3,949 posts

284 months

Wednesday 26th February 2003
quotequote all

bobthebench said: Depends when last one was. If withn 10 years, then 3 year ban minimum. Very probably longer i.e. last time 12 months was minimum, circumstances merited 18 month (+50%). Clearly not learned anything, so expect 4-5 years on that basis. If other one was within last 2-3 years, look at 5 years or longer plus ordered to resit the extended driving test and a drink re-hab course.





Lets hope he gets all the above ..... Oh, and then some!

Paul

chaparral

965 posts

279 months

Wednesday 26th February 2003
quotequote all
Too bad you guys have given up hanging as that is what I'd go for as the prosecutor.

bobthebench

398 posts

283 months

Wednesday 26th February 2003
quotequote all

chaparral said: Too bad you guys have given up hanging as that is what I'd go for as the prosecutor.


We do still have the death penalty - (pause for surprise)..... but only in really limited circs - treason at the tower of London, interfering with the Queen's Mail, and some shady behaviour in royal dockyards which I'll say no more about. Though that Irvine geeser won't let us use it without referring it to him personally.

madcop

6,649 posts

283 months

Thursday 27th February 2003
quotequote all

bobthebench said:

chaparral said: Too bad you guys have given up hanging as that is what I'd go for as the prosecutor.


We do still have the death penalty - (pause for surprise)..... but only in really limited circs - treason at the tower of London, interfering with the Queen's Mail, and some shady behaviour in royal dockyards which I'll say no more about. Though that Irvine geeser won't let us use it without referring it to him personally.


However ECHR bans the death penalty completely so I am afraid Bob, you are stuffed! The black cap has to be locked away for good now!

Rushjob

2,256 posts

278 months

Thursday 27th February 2003
quotequote all
Sorry Madcop, as I read Article 2, the use of the death sentence is still lawful within the Act

Art 2 Section 1 "Everyone's right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law. "

So keep looking out for one Bob - you never know, the black cap may return!

madcop

6,649 posts

283 months

Thursday 27th February 2003
quotequote all

Rushjob said: Sorry Madcop, as I read Article 2, the use of the death sentence is still lawful within the Act

Art 2 Section 1 "Everyone's right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law. "

So keep looking out for one Bob - you never know, the black cap may return!



Rushjob. Your name suits you You didn't read far enough

Part III

The Sixth Protocol

Article 1

ABOLITION OF THE DEATH PENALTY

The death penalty shall be abolished. No one shall be condemned to such penalty or executed.



Article 2 is, as you said under Schedule 1 the convention rights and freedoms. This states that the causing of death under certain circumstances is permitted. One of which is by sentence of a court.

The above protocol overturns that rule and so Very sorry bob, the black cap goes firmly back under lock and key :

d_drinks

1,426 posts

289 months

Thursday 27th February 2003
quotequote all
I would suggest that you mate gets one of the following:













You are right he is a knob and if we are lucky he will be removed from the gene pool and certainly never allowed to drive again. Yes this is a somewhat blunt response but there is a history behind it (though nothing to do with rsv1000) which I won't bore everyone with.

AndrewD

7,628 posts

304 months

Thursday 27th February 2003
quotequote all
Thank Heavens for that. I was thinking I'd have to go back to the docks and pick up that tiara I nicked from the Tower

jondokic

385 posts

287 months

Thursday 27th February 2003
quotequote all
Formally bumped off the statute book (no pun intended) in 1998. Bloody liberals.

tallchris99

216 posts

285 months

Thursday 27th February 2003
quotequote all
It does tend to suggest that he has driven pissed when ever he felt like it doesn't it?


The GMan

2,508 posts

275 months

Friday 28th February 2003
quotequote all
Your friend may get a 3year ban and Community Service. I have a friend (honestly it was not me) who got done for DD the first time about 10 years ago while driving to work in the morning, after being at a party. He got a 1year ban. A couple of years ago he got done again. Arsehole, I don't condone what he did but the situation was that a good friend of ours had recently been killed and he was going on drinking binges and could not cope. Also the first time he got caught had taught him a lesson, because I can honestly say I had never seen him drink and drive at all during the last 10 years. Anyway a few other people and myself tried to help him as much as we could. He got told he would be looking at about 6 months, and had to have probation report carried out on himself. He ended up with a 3 year ban and 240 hours community service. He also got offered the chance to go on the drink driving rehablilitaion course; he was told if he did this his ban would be reduced by 9 months. He has done all of the above and got his licence back in January. I know he was and still is really embarrassed and ashamed of what he did, but his attitude is brilliant now and he is still my best friend.