FAO Bippy - Drink Driving Penalties

[Pending]

V. New to this forum myself but the question strikes a chord. Are you sure you are not just a law student being lazy and trying to get a 'free' lawyer to do your homework for you. I've done that myself.

Question is a little leading (in that you seem to have some sense of what is dubious e.g. has this occurred on the highway) but you fail to mention where you are in the UK.

I'll assume you're England based due to the rugby references athough there are areas in Scotland where rugby is practiced (although hand in hand with 'homosexuality' in my humble opinion).

Re points raised there's a number of matters in play:

• Athough the suggestion is that the BF was not driving he is in control of a motor vehicle and as such coud be charged under an equivalent offence to 'driving'
• The question eaves room for discussion on where your BF was sitting but one woud assume the drivers seat but equally whilst 'resting' drunk you could be tempted to put your feet up in the back seat and cover yoursef with a jacket to get warmer.
• We shoud consider whether the rugby club carpark is private ground as this could be a determining factor
• Ultimatey if convicted of 'drink driving' (and we shall assume everyone knows the reading is above the limit) there would be a minimum 1 year ban for a first time offence.
• If there is a conviction but it can be argued that your BF was in control of as opposed to driving the car I believe there may be some lattitude for the judge to waive the minimum ban

If this is indeed a homework exercise you have failed to mention whether this woud be the first time your BF woud be facing a ban as the mandatory minimums rise after 1st and subsequent offences moving towards a custodia sentence, although custodial would be possibe on the first offence. Financial penalties for drink related offences are typicaly low regardess of income/earnings.

On the point of being pushed to acknowledge that the car was on the highway on being released there is a lot more that coud be discussed. From the detai provided we do not know whether a lawyer/represenative was involved at any point; we're not clear what was actually acknowledged; the recent-ish Cadder ruling could call into question anything actually 'acknowledged' and later admissibiity etc etc.

If bailed / released upon undertaking then it may be a case of allowing him out rather than facing a weekend in the cells before having to appear - question woud be what was actually put to him. At this time formal charges aren't clear so again room for discussion.

Are you sure you this isn't just homework?

 

[What was I thinking?]

Welcome to the forum pending

If convicted of driving or attempting to drive whilst in excess of alcohol, 55 reading, probably a 12-14 month ban, fine depends on income, in that bracket 150% of a weeks income, do the course and get 25% off ban, if 1st offence. 3 yr ban at least if 2nd time in 10 yrs! No chance of prison 1st offence, unless you are like a really high reading or there was a high speed chase, in which you wrote off 20 vehicles, police pull you from driver seat pissed out your brains and you still go "not guilty"!

 

[bippy85]

I know this might sound like a homework exercise but it really isnt! This happened last night.

It definately happened in a car park and i believe it is a public car park although this is not certain as yet. We are living in Wales by the way! This is indeed his first offence and he is more than likely going to lose his job once he loses his license-would the judge take this into account? Also we have just got a mortage and are only into one month of starting to pay it off

There has been no lawyer or anything present at all so far and there was only him and the police around.

So if the course is taken we are roughly looking at a 12 month ban if not more anyway?

 

[Pending]

if the parked car was on privately owned grounds then different rules apply so you should be able to walk away. a good lawyer should also be able to negotiate away the minimum sentence if he can prove your BF only had ‘control’ of the car (i.e. held the keys) c.f. was ‘driving’ – your shout to convince folks

& Thanks for the welcome WWIT - how does this forum work. I know I ahve a ban but woudn't otherwise shout about it but this seems OK.