Drunk in charge.
Author
Discussion

elfathome

Original Poster:

20 posts

260 months

Friday 16th July 2004
quotequote all
Ive found the comments on this site really useful and am hoping for clarification.

Now I dont usually drink drive. In fact I dont drink drive. But I celebrated my 34th birthday on Wednesday and did something really stupid.

I got drunk and let my friend, who holds a provisional licence drive us home. We were, rightly stopped by the police and she was taken off to the station and breathalised. (79micro to breath). I wasnt taken to the station but allowed to go home and told to report with my documents today. My friend didnt have any insurance either.

From reading up on this I can't discover what Im going to be charged with, was I still technically "in charge of the vehicle" and if so why wasnt I charged.

Its the first time Ive ever done anything this stupid and Im so scared, for both of us. From your previous experience/knowledge what sort of fines/bans/imprisonments could we be looking at?

Thanks in advance - one seriously, stupid, woman!

Mad Dave

7,158 posts

286 months

Friday 16th July 2004
quotequote all
If they didnt breathalise you i'd guess that you arent going to get done for drunk in charge. If the driver was not insured, my guess is that youll both be charged for driving with no insurance. Six points each plus fine is my guess.

elfathome

Original Poster:

20 posts

260 months

Friday 16th July 2004
quotequote all
Thanks for that, from reading whats on the internet, she is worried that she is going to prison with a 5k fine and Im worried Im going to loose my licence with at least a 2.5K fine.

God, cannot believe how unbelievably stupid we were.

Streetcop

5,907 posts

261 months

Friday 16th July 2004
quotequote all
In the circumstances you describe...

You will be reported for 'Permit-No insurance'. You'll get 6 points on your licence and a fine in accordance with your earnings...

Street

elfathome

Original Poster:

20 posts

260 months

Friday 16th July 2004
quotequote all
Streetcop. Any idea how the work out the percentage of earnings?

And can you please clarify that 12 points is the "jackpot"/take it was score. Ive already got six on my licence. 2 speeding offenses driving 38 miles in a 30 mile zone and 42 miles... same camera - I sound stupider the more I write.

Streetcop

5,907 posts

261 months

Friday 16th July 2004
quotequote all
The earnings is a strange one..

It's all down to what you earn, your outgoings, debts, children....Maxpower subscriptions..(only jesting

As for points...12 points, they should ban you and often do..However, if you can plead your case that you need your car for your family's sake, or employees etc etc...You might also need to really bump up how pissed you were and that you knew nothing about the situation.....

Street

elfathome

Original Poster:

20 posts

260 months

Friday 16th July 2004
quotequote all
Thanks for that! I was really, really pi**ed. Couldnt walk, fell over, actually fell out of the car when they opened the door. So dont think I will need to "bump" that up.

But I did say that I knew my friend only had a provisional licence? And I could never let her take the blame for my stupidity. She was only trying to do the right thing... even though we both know its was really the wrong thing.

I guess I really should just accept that Ive done something really stupid and accept that Im going to loose my licence.

Thanks anyway.
- Never again!

Streetcop

5,907 posts

261 months

Friday 16th July 2004
quotequote all
Nothing you are going to say and do will get your friend off...

She was pissed, prov licence only and no insurance...

Street

elfathome

Original Poster:

20 posts

260 months

Friday 16th July 2004
quotequote all
street

When you say "nothing will get my friend off" do you mean she might actually go to prison, or that the fine etc will be huge?

Sorry to keep on like this but petrified.

BliarOut

72,863 posts

262 months

Friday 16th July 2004
quotequote all
Streetcop said:
Nothing you are going to say and do will get your friend off...

She was pissed, prov licence only and no insurance...

Street


He was not her... Err, I think. She was sober but on a provisional only.

Streetcop

5,907 posts

261 months

Friday 16th July 2004
quotequote all
elfathome said:
I got drunk and let my friend, who holds a provisional licence drive us home. We were, rightly stopped by the police and she was taken off to the station and breathalised. (79micro to breath). I wasnt taken to the station but allowed to go home and told to report with my documents today. My friend didnt have any insurance either.


She was pissed too....79...limit 35...

Street

Nightmare

5,277 posts

307 months

Friday 16th July 2004
quotequote all
she will NOT go to prison...honestly....had she hit someone in that scenario it might be different but...

she will probably be banned before getting her license (always an acheivement I feel!) and get fined. I entirely understadn that you both feel appalling about this, and you probably feel dreadful for putting her in the situation, but at the end of the day she did make her own decision.....

re: costs. You will be asked to fill in a 'means' form - where you detail incomings and outgoings. The more 'fixed' outgoings you have, the lower the fine is likely to be cos otherwise they wont get it. My experience of this, however, is that if you have a job which sounds like you're well paid they'll give you a fairly stiff fine. To avoid a ban you would have to convince the court that your NOT being able to drive would adversly affect someone elses life(like sick gran who needs driving to hospital regularly).

cheers
Night

Elfathome

Original Poster:

20 posts

260 months

Friday 16th July 2004
quotequote all
Yep, both of us over the limit...

And both female!

Sorry to all you good female drivers out there. We let you down!

Streetcop

5,907 posts

261 months

Friday 16th July 2004
quotequote all
Why did you parallel park correctly?

Only

Street

Elfathome

Original Poster:

20 posts

260 months

Friday 16th July 2004
quotequote all
Nick, thanks for that.

The more I hear it from people in the "know" the more I can calm her down.

My job does require me to do a lot of driving, could also plead that I need licence to take my mother to hospital for regular checks (which I do). Am I clutching at straws?

Im on about 20K have a mortgage, finance and loan. She is on about 14K and lives at home with her parents.

Elfathome

Original Poster:

20 posts

260 months

Friday 16th July 2004
quotequote all
Street

:-P :-P :-P

Will have you know when not falling out of my car drunk Im an exceptionally good paralell parker! Usually only takes me 20 tries to get in 3 parking spaces!!!

Streetcop

5,907 posts

261 months

Friday 16th July 2004
quotequote all
Elfathome said:
Nick, thanks for that.

The more I hear it from people in the "know" the more I can calm her down.

My job does require me to do a lot of driving, could also plead that I need licence to take my mother to hospital for regular checks (which I do). Am I clutching at straws?

Im on about 20K have a mortgage, finance and loan. She is on about 14K and lives at home with her parents.



Give it all you can...I've asked on the Cardiff post which Mags court you're at...some are more lenient than others, depending on the county and their priorities..

Street

Nightmare

5,277 posts

307 months

Friday 16th July 2004
quotequote all
Am I Nick I wonder?!!

Anyway....remember....YOU being disadvantaged by not having a license in theory is NOT a reason to not ban you - if you genuinely have to take your mother to hospital regularly, and you go to court with a local bus timetable to show

a) you've thought about what you will have to do when you dont have a license (taking it seriously is something the courts like for good reason) and
b) it will be a severe inconveience to your mother (and no-one else can take ehr) then this is very relevant.

fine...make sure you fill the means test in to demonstrate you have no free cash and this should eb minimised.

cheers
Night

Elfathome

Original Poster:

20 posts

260 months

Friday 16th July 2004
quotequote all
Nightmare sorry about that. Fingers flying over keys and reading what I wanted to.

Thats great advice. Thanks. To get to work from where I live is a nightmare. To get to my mothers its two bus journeys and from there another train journey to the hospital. Depending on the hospital she has to attend.

I also attend meetings all over the county, ranging from 2 - 40 miles from my work place.

I know that this might seem like Im kind of trying to wheedle out of the punishment, but loosing my licence would be a real problem. And if I had to tell my employer would probably mean I lost my job too.

Will def do as you suggest, fingers crossed and all that!

Again. Many thanks to you and Street Cop!





BliarOut

72,863 posts

262 months

Friday 16th July 2004
quotequote all
Streetcop said:

elfathome said:
I got drunk and let my friend, who holds a provisional licence drive us home. We were, rightly stopped by the police and she was taken off to the station and breathalised. (79micro to breath). I wasnt taken to the station but allowed to go home and told to report with my documents today. My friend didnt have any insurance either.



She was pissed too....79...limit 35...

Street


Sorry, I was talking old money