Drink Driving...
Author
Discussion

chilli

Original Poster:

17,320 posts

266 months

Wednesday 27th December 2006
quotequote all

A friend of a friend (seriously) got pulled over the xmas period, and was a tiny amount over the limit. He says he'd had 2 pints of shandy, and then driven home. However, he's also on a cocktail of drugs for a smashed up arm, and suggests that even though he felt ok in himself, this may have contributed. I don't know about that.
Here's the deal...he's been done for it twice before...once four years ago, and 3 years before that. He's now a tad worried that he'll get put away for a short term. Is this likely?
I'm guessing that a ban and a huge fine will be in order, but he's convinced he'll be locked up.

Any thoughts?

Cheers.

Marki

15,763 posts

300 months

Wednesday 27th December 2006
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Third time lucky

Hughesie II

12,796 posts

312 months

Wednesday 27th December 2006
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The amount of alcohol in your breath has no correlation to what drugs you are taking - just ask caprice

Beggarall

596 posts

271 months

Wednesday 27th December 2006
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Do you think your friend might have a little difficulty with drink? Three offences in a few years is beyond "bad luck" - sounds like he needs help. Try AA (not the car sort) [url] www.alcoholics-anonymous.org.uk/ [/url] or helpline 0845 769 7555. If he acknowledges a problem and is in treatment it might mitigate his sentence. The trouble is that it can be very difficult to get someone to take the first step.



Edited by Beggarall on Wednesday 27th December 13:52

ProPlus

3,810 posts

270 months

Wednesday 27th December 2006
quotequote all
chilli said:

A friend of a friend (seriously) got pulled over the xmas period, and was a tiny amount over the limit. He says he'd had 2 pints of shandy, and then driven home. However, he's also on a cocktail of drugs for a smashed up arm, and suggests that even though he felt ok in himself, this may have contributed. I don't know about that.
Here's the deal...he's been done for it twice before...once four years ago, and 3 years before that. He's now a tad worried that he'll get put away for a short term. Is this likely?
I'm guessing that a ban and a huge fine will be in order, but he's convinced he'll be locked up.

Any thoughts?

Cheers.



I suppose you have to ask, what a tiny bit over is??

Can a doctor give advice on whether the medication he took would do that to him...

Had he missed out on eating that day and just had 2 pints of shandy.

Or is he telling big fibs to you lot and actually did get caught bang to rights for doing something stupid...

not sure of the punishment, 1 year 1st time, 3 years 2nd time (10 year time span), now give up driving prehaps? as it looks like he gets over the ban then gets caught again in just a few months of driving again??? Is this the case?

chilli

Original Poster:

17,320 posts

266 months

Wednesday 27th December 2006
quotequote all
Not sure about the drink problem, I don't know him!

I just wondered, suppose the doc says there would be no reaction from the medication and therefore he has no real defence, if there was a chance he'd go away for it. My reaction was that the prisons are bursting with murderers etc, and there's little space for the likes of drink drivers. I know, I know he COULD have become a murderer, but he didn't.

ProPlus

3,810 posts

270 months

Wednesday 27th December 2006
quotequote all
chilli said:
Not sure about the drink problem, I don't know him!

I just wondered, suppose the doc says there would be no reaction from the medication and therefore he has no real defence, if there was a chance he'd go away for it. My reaction was that the prisons are bursting with murderers etc, and there's little space for the likes of drink drivers. I know, I know he COULD have become a murderer, but he didn't.


Sometimes they clamp down on drink driving especially at xmas as if it were as bad as murder, tho some people seem to get away with constant repeat offences without ever seeing the inside of a cell... suppose it depends on the judges on drink driving at the time of court case... he could ask the CPS (think that is right) or a lawyer as to what he possible could get.

Hughesie II

12,796 posts

312 months

Wednesday 27th December 2006
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ProPlus said:




I suppose you have to ask, what a tiny bit over is??



Overs OVER, they dont make rules to bend them just because someone is a tiny bit over !!

3rd time should see a very long ban, if you didnt learn from the 1st or 2nd time you deserve never to drive again...


Edited by Hughesie II on Wednesday 27th December 12:51

bryan35

1,906 posts

271 months

Wednesday 27th December 2006
quotequote all


from what I gather, roadside breathalyzers only effectively give an opinion, they can read wrong. However, these aren't used as evidence. The blood test/breath test machines at the station are extremely accurate, and show the true alcohol level in the body.
So, it would have prob been maybe 30 mins before he used the intoximeter, which will have dropped the reading by another 3.5. Generally the police won't prosecute bellow 40mg/100ml. SO, slightly over would be lets say 42mg/100ml, which means that at time of arrest it was prob 45ish. If that was lets say 15 mins after the last drink then that takes us to about 47ish, and no doubt the 2 shandys took time to drink, lets say an hour which takes us to 55ish.

Now, I don't know of any shandy that would put your blood alcohol level up by 27mg/100ml. Normal strengh beer will do about 15mg/100ml. A pint of Tennants Super probably would but you'd hardly call it shandy.

So,
2 pints of tennants super,
nearly 4 pints of normal beer,
2 double whiskys,

or.......2 shandys it seems.

chilli

Original Poster:

17,320 posts

266 months

Wednesday 27th December 2006
quotequote all
bryan35 said:


from what I gather, roadside breathalyzers only effectively give an opinion, they can read wrong. However, these aren't used as evidence. The blood test/breath test machines at the station are extremely accurate, and show the true alcohol level in the body.
So, it would have prob been maybe 30 mins before he used the intoximeter, which will have dropped the reading by another 3.5. Generally the police won't prosecute bellow 40mg/100ml. SO, slightly over would be lets say 42mg/100ml, which means that at time of arrest it was prob 45ish. If that was lets say 15 mins after the last drink then that takes us to about 47ish, and no doubt the 2 shandys took time to drink, lets say an hour which takes us to 55ish.

Now, I don't know of any shandy that would put your blood alcohol level up by 27mg/100ml. Normal strengh beer will do about 15mg/100ml. A pint of Tennants Super probably would but you'd hardly call it shandy.

So,
2 pints of tennants super,
nearly 4 pints of normal beer,
2 double whiskys,

or.......2 shandys it seems.


Appreciate your thougths, BUT alcohol affects us all differently, so you cannot generalise. However, I agree 2 pints of shandy is a tad thin. I guess it's up to the judge on the day then.

Cheers.

M5Dave

829 posts

239 months

Wednesday 27th December 2006
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Drink driving convictions stay on your licence for ten years, so his previous two will still be on his record for the judge to see prior to sentencing. I don't think this will result in a jail sentence, but he can expect a heavy fine and probably a ten year driving ban.

wildsea

1,855 posts

240 months

Wednesday 27th December 2006
quotequote all
Hughesie II said:
ProPlus said:




I suppose you have to ask, what a tiny bit over is??



Overs OVER, they dont make rules to bend them just because someone is a tiny bit over !!

3rd time should see a very long ban, if you didnt learn from the 1st or 2nd time you deserve never to drive again...
Edited by Hughesie II on Wednesday 27th December 12:51


Toatally agree

Hughesie II

12,796 posts

312 months

Wednesday 27th December 2006
quotequote all
anonymous said:
[redacted]


Does the same apply to speeding.


Absolutely, if you are daft enough to miss the bright yellow Speedcamera, 6ft copper in a luminous jacket with a peaked white cap, the stripey van at the side of the road or unmarked car with lots of aerials on it you deserve the points.

gently bentley

964 posts

241 months

Wednesday 27th December 2006
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Yes I,m afraid I,m in the not much sympathy camp here. i don't think jail is a sensible option. I don't think he will get jail either. Keep going and I'll happily lock him up myself though.

a heavy fine and a ban. Getting insurance to drive after that will be a kick in the nuts too.

The others are right a wee bit over is still over. There is no magic formula to work off. Ive heard it all before. i was tired, no food, stronger beer than I thought, Ive lost weight, Im taking asprin.

The judge has heard them all to a million times more than me.

Legal advice, early plea, hope for the best.

My mate was killed by a drunk driver who was just over and he had a 10 day old baby at home so I'm a bit biased on this but i try to keep it real.

Tell him I think he is a selfish sod and I honestly hope he learns from this.

Davel

8,982 posts

288 months

Wednesday 27th December 2006
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No sympathy from here either.

Drink driving is a deffinite no-no...

Nuggs

4,640 posts

264 months

Wednesday 27th December 2006
quotequote all
Hughesie II said:
ProPlus said:




I suppose you have to ask, what a tiny bit over is??



Overs OVER, they dont make rules to bend them just because someone is a tiny bit over !!

3rd time should see a very long ban, if you didnt learn from the 1st or 2nd time you deserve never to drive again...

yesTotally agree

cymtriks

4,561 posts

275 months

Wednesday 27th December 2006
quotequote all
Davel said:
No sympathy from here either.

Drink driving is a deffinite no-no...


Get it right...

Drunk driving is a no-no

Drink driving is fine as long as you are not drunk.

That's why the limit isn't zero, you can have a drink, not be drunk, and still drive home.

BO55 VXR

4,373 posts

281 months

Wednesday 27th December 2006
quotequote all
Whilst I have no sympathy for drUnk drivers (wcensoredrs, will they ever learn, especially at christmas) I would say 2 shandies is probably a tad unlucky but if the EBT at the station provides a +ve result, then there's nothing to argue, it's DrUnk Driving, plain and simple.

The medication bit puzzles me because if he's on medication, should be drinking in the first place.



Edited by BO55 VXR on Wednesday 27th December 17:37

chrispy porker

17,732 posts

258 months

Wednesday 27th December 2006
quotequote all
I wish a had a pound for every drink driver who claimed to have had '2 pints of shandy' and surprise surprise was over the limit. By the way if he was just over on the breath, he could have opted for blood?. Was this done?

gently bentley

964 posts

241 months

Wednesday 27th December 2006
quotequote all
Or was he just over the bit where he gets that option. Police procedure would have covered that.