whats he gonna get ?
Discussion
A chap posting elsewhere just got out after serving 5 weeks of a 3 month sentence for a similar offence. Bit higher and caused an accident, though.
Outside chance of custodial. Possible community sentence.
Assault shouldn't make much difference to sentencing, but previous DD will aggravate things considerably.
Lengthy ban (min 3 years), extended retest if he gets the chance -- DVLA might well need a certificate from a doc to show not an alcoholic / require blood test to prove.
Outside chance of custodial. Possible community sentence.
Assault shouldn't make much difference to sentencing, but previous DD will aggravate things considerably.
Lengthy ban (min 3 years), extended retest if he gets the chance -- DVLA might well need a certificate from a doc to show not an alcoholic / require blood test to prove.
A lengthy ban with any hope!
Sorry mate but I cannot believe for a second that he is a decent lad. DD is stupid thing to do and if you have ever met somebody who has suffered from a DD hitting them etc then I doubt you'd be so forgiving. Throw common assault into the mix and we have a further unsavoury sounding character.
Luckily for him it shouldn't affect his sentence, although it could be used to paint a bad character of him.
Sorry mate but I cannot believe for a second that he is a decent lad. DD is stupid thing to do and if you have ever met somebody who has suffered from a DD hitting them etc then I doubt you'd be so forgiving. Throw common assault into the mix and we have a further unsavoury sounding character.
Luckily for him it shouldn't affect his sentence, although it could be used to paint a bad character of him.
I was, before reading the thread, going to say "Execution, first offence" (been wanting to say that for soooooo long 
) but I'd agree with a couple of years ban and a large fine. Also as it's a second offence in 10 years he may have to undergo medicals to show he's not got a alcohol problem plus take an extended retest - I could be utterly wrong though.
Why sack him?
If he needs a driving licence for his job then fair enough, get shot if he's breached his employment terms by losing his licence and you can't justify a driver or change of role for him to a tribunal. But you seem to hold him in high regard, so if he doesn't need to drive keep hold of him as long as his behaviour isn't causing disciplinary breaches at work
.
) but I'd agree with a couple of years ban and a large fine. Also as it's a second offence in 10 years he may have to undergo medicals to show he's not got a alcohol problem plus take an extended retest - I could be utterly wrong though. Why sack him?
If he needs a driving licence for his job then fair enough, get shot if he's breached his employment terms by losing his licence and you can't justify a driver or change of role for him to a tribunal. But you seem to hold him in high regard, so if he doesn't need to drive keep hold of him as long as his behaviour isn't causing disciplinary breaches at work
.jesusbuiltmycar said:
Custodial is highly unlikely - the prisons are overflowing.
Doesn't usually bother magistrates or judges- they don't view it as their problem.As for the DD- minimum 3 years mandatory for second offence, if it's within 10 years if I remember rightly.
They do have the power to order retest, too.
10 Pence Short said:
jesusbuiltmycar said:
Custodial is highly unlikely - the prisons are overflowing.
Doesn't usually bother magistrates or judges- they don't view it as their problem.As for the DD- minimum 3 years mandatory for second offence, if it's within 10 years if I remember rightly.
They do have the power to order retest, too.
The re-test is usually ordered after dangerous driving, but the DVLA has some powers as well, in addition to what the court orders, the DVLA oversees "medically unfit" to hold a licence, which alcoholics are in their view. They can ask for a Doctor's note to sign off that you do not have an alcohol problem - something which is quite hard to prise out of your local GP.
fatboy18 said:
Get a morgage for the Insurance...It will be large!!!!!!!!!!!
Fact or speculation?One of my employees has just come off of a 15 months ban for DD, second offence although the first was 9 1/2 years previous so only just admisable to the court. He kept his car during the ban and simply lent it to a mate who serviced it, cleaned it up a bit and refurbed the wheels while he was banned. When he got his licence back and sorted out his insurance he found that it had gone up by less than a tenner! FACT
I would guess he actually got a 12 reduced to 9 if he attended the pissheads rehab course, but as for the 3 year mandatory the guy here most certainly got a 15 month ban and again the offer to reduce to 12 if he did the pisshead course, and it was a second offence within 10 years (all be it 9 1/2 years)
7db said:
10 Pence Short said:
jesusbuiltmycar said:
Custodial is highly unlikely - the prisons are overflowing.
Doesn't usually bother magistrates or judges- they don't view it as their problem.As for the DD- minimum 3 years mandatory for second offence, if it's within 10 years if I remember rightly.
They do have the power to order retest, too.
The re-test is usually ordered after dangerous driving, but the DVLA has some powers as well, in addition to what the court orders, the DVLA oversees "medically unfit" to hold a licence, which alcoholics are in their view. They can ask for a Doctor's note to sign off that you do not have an alcohol problem - something which is quite hard to prise out of your local GP.
bobt said:
Not condoning the DD, but FFS since when did two pints or two doubles, which is what it takes to get just over the limit, equate to being an Alcoholic.
It doesn't. Getting caught DD twice in a relatively short period of time might though - hence they ask for a Doctor to confirm that you don't have a problem.
A member of my family was stupid enough to get done twice for DD. Second time was a 3 year ban, 240 hours community service, £150.00 fine plus some costs. Similarly he was only just over the limit. The case was ajourned prior to sentencing whilst social reports were made and a custodial sentence was considered. The court decided on the community service because of his good character.
He is now back on the road following the ban but had to pay for a medical report to be done.
Incidentally, his insurance was cheaper following the ban but that was probably because he is now over 25.
He is now back on the road following the ban but had to pay for a medical report to be done.
Incidentally, his insurance was cheaper following the ban but that was probably because he is now over 25.
anonymous said:
[redacted]
He is a very lucky man.375 notes is a pittance for a second offence. Three year ban is the minimum for this.
To be honest, in my view we're all a bit better off as a result. Banned three times? He sounds like a complete fvcking liability.
Edited by Vesuvius 996 on Friday 7th December 16:36
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff