Both caught drink driving....

[ProPlus]

Got a weird one here....

A mates wife got done for drink driving (64mg) he was tested at the station too (as the passenger), was released and went home for a few hours to sleep it off before coming back to get the car.

He went back and thought he was under, now he knows he should have got the police to check him to make sure that he was able to drive, but he didn't and thats too late, but hindsight is would have been good.

He put the keys in the ignition and was promptly arrested for DD, he then blew a 43/44 and is to go to court on friday.

What can they both expect for fines and bans??

Yes they know they are both idiots....

Any help is much appreciated, but I dont need the shit stirrers jumping in and saying they should be hanged, etc.

Only genuine help is wanted.... (I assume 12 months for him and 18 for her).

Cheers

Si

[Deva Link]

The wife could have got off by saying the husband ordered her to drive.

[ProPlus]

Deva Link said:

The wife could have got off by saying the husband ordered her to drive.

hows that?

[esselte]

ProPlus said:

Got a weird one here....

A mates wife got done for drink driving (64mg) he was tested at the station too (as the passenger), was released and went home for a few hours to sleep it off before coming back to get the car.

He went back and thought he was under, now he knows he should have got the police to check him to make sure that he was able to drive, but he didn't and thats too late, but hindsight is would have been good.

He put the keys in the ignition and was promptly arrested for DD, he then blew a 43/44 and is to go to court on friday.

What can they both expect for fines and bans??

Yes they know they are both idiots....

Any help is much appreciated, but I dont need the shit stirrers jumping in and saying they should be hanged, etc.

Only genuine help is wanted.... (I assume 12 months for him and 18 for her).

Cheers

Si

Is his wife a learner?If not why was he tested at the station also,is it now a crime to be over the limit as a passenger?

[ProPlus]

esselte said:

ProPlus said:

Got a weird one here....

A mates wife got done for drink driving (64mg) he was tested at the station too (as the passenger), was released and went home for a few hours to sleep it off before coming back to get the car.

He went back and thought he was under, now he knows he should have got the police to check him to make sure that he was able to drive, but he didn't and thats too late, but hindsight is would have been good.

He put the keys in the ignition and was promptly arrested for DD, he then blew a 43/44 and is to go to court on friday.

What can they both expect for fines and bans??

Yes they know they are both idiots....

Any help is much appreciated, but I dont need the shit stirrers jumping in and saying they should be hanged, etc.

Only genuine help is wanted.... (I assume 12 months for him and 18 for her).

Cheers

Si

Is his wife a learner?If not why was he tested at the station also,is it now a crime to be over the limit as a passenger?

They tested him to see if he could take the car rather than towing it away.... He was then told to come back in the morning and the tt didn't and came back 90mins later, thats when he got done!!

[esselte]

ProPlus said:

esselte said:

ProPlus said:

Got a weird one here....

A mates wife got done for drink driving (64mg) he was tested at the station too (as the passenger), was released and went home for a few hours to sleep it off before coming back to get the car.

He went back and thought he was under, now he knows he should have got the police to check him to make sure that he was able to drive, but he didn't and thats too late, but hindsight is would have been good.

He put the keys in the ignition and was promptly arrested for DD, he then blew a 43/44 and is to go to court on friday.

What can they both expect for fines and bans??

Yes they know they are both idiots....

Any help is much appreciated, but I dont need the shit stirrers jumping in and saying they should be hanged, etc.

Only genuine help is wanted.... (I assume 12 months for him and 18 for her).

Cheers

Si

Is his wife a learner?If not why was he tested at the station also,is it now a crime to be over the limit as a passenger?

They tested him to see if he could take the car rather than towing it away.... He was then told to come back in the morning and the tt didn't and came back 90mins later, thats when he got done!!

Ah Ok.. clear now....

[TPS]

Both will get at least 12 month ban and a fine.Although he should be banned forever for stupidity.

[Vesuvius 996]

ProPlus said:

esselte said:

ProPlus said:

Got a weird one here....

A mates wife got done for drink driving (64mg) he was tested at the station too (as the passenger), was released and went home for a few hours to sleep it off before coming back to get the car.

He went back and thought he was under, now he knows he should have got the police to check him to make sure that he was able to drive, but he didn't and thats too late, but hindsight is would have been good.

He put the keys in the ignition and was promptly arrested for DD, he then blew a 43/44 and is to go to court on friday.

What can they both expect for fines and bans??

Yes they know they are both idiots....

Any help is much appreciated, but I dont need the shit stirrers jumping in and saying they should be hanged, etc.

Only genuine help is wanted.... (I assume 12 months for him and 18 for her).

Cheers

Si

Is his wife a learner?If not why was he tested at the station also,is it now a crime to be over the limit as a passenger?

They tested him to see if he could take the car rather than towing it away.... He was then told to come back in the morning and the tt didn't and came back 90mins later, thats when he got done!!

What a halfwit.

12 months minimum each. She might get 18 months as she's double the limit.

[AJS-]

That's insane. I think the courts will take a very dim view of his being so blase about it even in the immediate aftermath of his wife getting charged.

I've never gone in for drink driving, and was even cautious about a pint at lunch time if I'd be driving that evening, or drinking much if I knew I'd have to drive in the morning.

Once my mate got caught having had about 3 pints, that was it. No more chances, I now won't touch a drop if I have to drive anywhere the rest of that day. Over cautious perhaps, but for me it's just not worth the risk of losing my licence.

It's not even that I believe I am any worse a driver after a pint or two, and still a lot safer than many drivers on the road, but the fact is, if you get caught for that you're truly ed.

Sorry to say it, I think your friend and his wife are for the high jump.

[ProPlus]

Gets better... early in the morning 2am and he is asked if he wants a blood test, initially says no and then changes his mind and the copper says too late now.

Is that allowed?

incidentally if he had said yes he could possibly have been under at the time of the doc arriving

[mark69sheer]

ProPlus said:

Gets better... early in the morning 2am and he is asked if he wants a blood test, initially says no and then changes his mind and the copper says too late now.

Is that allowed?

incidentally if he had said yes he could possibly have been under at the time of the doc arriving

depends how long after he 'changed' his mind. If it was half an hour or longer then that would have affected the reading from the time of his arrest.
Therefore not allowed.

[ProPlus]

mark69sheer said:

ProPlus said:

Gets better... early in the morning 2am and he is asked if he wants a blood test, initially says no and then changes his mind and the copper says too late now.

Is that allowed?

incidentally if he had said yes he could possibly have been under at the time of the doc arriving

depends how long after he 'changed' his mind. If it was half an hour or longer then that would have affected the reading from the time of his arrest.
Therefore not allowed.

Aminute or two is what he aledges

[off_again]

A friend of the wife crashed her car (in plain view of Cardiff City Centre CCTV) while over the limit. Got an 18 month ban, told to take alcohol dependency lessens, additional alcohol testing AND a retest with a £800 fine. Bloody costly, but to be honest, it is what the courts are throwing around at the moment.

The Police and the Criminal Justice system take a very dim view of drink driving these days, so I would think that a 12 month bad, hefty fine and possibly some other stuff (testing / rehabilitation). If they get away with anything less than this, then I would be surprised. Though, I suspect that both cases will be dealt with separately, even though they are directly linked. No point in doing someone for stupidity as I last checked, this isnt a criminal offence. Drink driving is and hence should get the standard sentence....

[mark69sheer]

Why did the police officers return the key whilst knowing the driver was likely to be over the limit?

What happened there.

If there is a child in the family both parents banned is going to make things very difficult.

Why not a don't be silly sir or are we in a position where any detected crime is worth having.

What if the person had actually driven out of the station in the car before being stopped.

The police would have been culpable in any ensuing accident.

[ProPlus]

coppers gave him the keys when they arrested his wife... how does that work?

[mark69sheer]

ProPlus said:

coppers gave him the keys when they arrested his wife... how does that work?

against your friend actually he was then told to come back when sober I believe.
Allthough I would get legal advice.

[Deva Link]

ProPlus said:

Deva Link said:

The wife could have got off by saying the husband ordered her to drive.

hows that?

Annoyingly I can't find a link but it was a case in Manchester were the wife was driving and the court accepted her defence that she had been forced to drive by her husband. IIRC there's some kind of common law thing that wives are supposed to obey their husbands.

You have to say these things at the time of arrest though - you can't introduce the story later on.

[ganglandboss]

ProPlus said:

Deva Link said:

The wife could have got off by saying the husband ordered her to drive.

hows that?

No chance! If someone ordered someone else to commit an offence, they would both be done - unless there were exceptional circumstances, such as evidence of violence or theats of violence.

My prediction:-

• Him - 1 year disqualification and fine.

• Her - 2 year disqualification and fine.

He should be offered the rehabilitation programme and get his ban reduced to 9 months as it seems he needs educating as much as punishing.

She on the other hand, showed a disregard for the law by driving when she was clearly over the limit. She may still be offered the rehabilitation scheme and have her ban reduced to 18 months.

EDIT: Sorry, just read this bit;

ProPlus said:

They tested him to see if he could take the car rather than towing it away.... He was then told to come back in the morning and the tt didn't and came back 90mins later, thats when he got done!!

2 years for him. If it comes out in court that he was advised to come back in the morning, and he didn't, they will take a dim view of the matter IMO.

Edited by ganglandboss on Monday 22 October 13:06

[FiveStar]

thats a funny story, the bloke is stupid.

When my mate was pulled (6 drinks but still passed!?) they asked his girlfriend can she take the car home, even though she was also over the limit. She said no but she is convinced they would have let her drive so they could do her as well!

[Vesuvius 996]

Idiocy not uncommon.

Three or four times as a criminal barrister I represented people who got banned in Court then tried to drive home. The police used to keep and eye on the car park.