6 Month Drink Driving Ban
Discussion
https://www.thesun.co.uk/news/4456422/drunk-drivin...
Sorry if this thread is already running elsewhere.
So a PA blows a reading of 75 microgrammes of alcohol in 100 mililitres of breath which is, according to drinkdrivinglaw.co.uk, an automatic 24 month ban.
She then gets a 6 month ban and a fine.
How is this possible ?
I thought ANY drink driving ban for exceeding the limit was an automatic 12 month ban ?
Has something changed ?
Sorry if this thread is already running elsewhere.
So a PA blows a reading of 75 microgrammes of alcohol in 100 mililitres of breath which is, according to drinkdrivinglaw.co.uk, an automatic 24 month ban.
She then gets a 6 month ban and a fine.
How is this possible ?
I thought ANY drink driving ban for exceeding the limit was an automatic 12 month ban ?
Has something changed ?
cologne2792 said:
...according to 'the internet' an automatic 24 month ban.
It isn't, and the internet isn't a reliable source of law.Drunk in charge = 10 points or a ban of any length.
Drink driving = unless special reasons apply, a ban of at least 12 months.
The defendant pleaded guilty to being drunk in charge.
agtlaw said:
cologne2792 said:
...according to 'the internet' an automatic 24 month ban.
It isn't, and the internet isn't a reliable source of law.Drunk in charge = 10 points or a ban of any length.
Drink driving = unless special reasons apply, a ban of at least 12 months.
The defendant pleaded guilty to being drunk in charge.
Dave. said:
She wasn't done for DD, just drunk in charge of a vehicle.
Wonder what her mate got...?
You are correct and I clearly wasn't paying attention.Wonder what her mate got...?
I take it then she was found to be in possession of the keys? Or did the Police have reason to believe she was driving but were unable to prove it?
article said:
Hall, from Sale, who had a previous conviction for driving without insurance told the hearing: “I already have a disciplinary for not being on time to work and that's just because of traffic in Manchester, so if I do get disqualified, I will lose my jobs.”
She sounds like a responsible person for sure....Although the court has accepted she wasn't driving due to lack of evidence, it seems strange a friend driving would crash her car, then leave her and the scene. I assume as she was charged with being drunk and in charge that she also had the keys.
Edited by Retroman on Thursday 14th September 00:30
Edited by Retroman on Thursday 14th September 00:31
Probably because she's a woman and her lawyer read a long statement of drivel as to the impact not being able to drive will have on her children etc.
Drink driving is one of the most irresponsible things you can do apart from drug driving.
So many people think they can get away with it Wayne Rooney and the fit woman off Sky Sports.
Drink driving is one of the most irresponsible things you can do apart from drug driving.
So many people think they can get away with it Wayne Rooney and the fit woman off Sky Sports.
I am on the other side of a fence on this one.
I go out drinking with a mate, and he drives us home. He bins the car & runs off to get help/find somewhere with signal/lives round the corner and needs to get second vehicle to tow this one home/is a dick etc etc..
I hang around with said vehicle waiting for him, why should I get punished?
Is the difference here whether the keys are in the ignition? But if the car has substantial damage at the front & is effectively undrinkable?
I go out drinking with a mate, and he drives us home. He bins the car & runs off to get help/find somewhere with signal/lives round the corner and needs to get second vehicle to tow this one home/is a dick etc etc..
I hang around with said vehicle waiting for him, why should I get punished?
Is the difference here whether the keys are in the ignition? But if the car has substantial damage at the front & is effectively undrinkable?
BlueHave said:
Probably because she's a woman and her lawyer read a long statement of drivel as to the impact not being able to drive will have on her children etc.
Drink driving is one of the most irresponsible things you can do apart from drug driving.
So many people think they can get away with it Wayne Rooney and the fit woman off Sky Sports.
The report implies that 10 points were notionally endorsed, she had at least 3 points and then argued mitigating circumstances/exceptional hardship to avoid a ban of at least 6 months. The court didn't accept the argument and a 6 month ban was ordered.Drink driving is one of the most irresponsible things you can do apart from drug driving.
So many people think they can get away with it Wayne Rooney and the fit woman off Sky Sports.
Andehh said:
But if the car has substantial damage at the front & is effectively undrinkable?
The fact that a vehicle is damaged and undrivable doesn't preclude someone being drunk in charge. The RTA specifically states that courts may disregard any injury or damage when considering the likelihood of someone driving while still over the limit. Cat
Cat said:
Andehh said:
But if the car has substantial damage at the front & is effectively undrinkable?
The fact that a vehicle is damaged and undrivable doesn't preclude someone being drunk in charge. The RTA specifically states that courts may disregard any injury or damage when considering the likelihood of someone driving while still over the limit. Cat
I'm surprised that it effectively allows the court to exclude evidence that would otherwise amount to a complete defence, presumably to cover the scenario where the driver probably caused the damage and injury him or herself but there is a lack of evidence — but in an extreme circumstnace you could be prosecuted for having the keys to a burnt out vehicle.
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