Boyfriend caught drink driving.

[crem]

drink driving is a mandotory 12 month ban. It can be longer and often is ironically if you plead not guilty and have a brief in tow!

[shiney123]

Those figures say that no legal rep is required. No matter how educated in the law, they can't get you off drink driving. The only thing open could be a technicality, do your think all the procedure was done correctly ?

I don't know.. Anyway he is not planning to get off.. He is planning to plead guilty because he is drinking and driving.. For that do we need a solicitor or just go and plead??

[shiney123]

Thank you all.. Ya he is planning to plead guilty..

[Conniff]

No he doesn't need anyone. I take it you will be there for him and the clerk to the court will hold his hand and tell him what to do.

 

Will you come back and tell us what he got ?

[Bandit127]

Based on personal experience of facing a ban for driving offences once or twice (although not for drink driving), I would add the following.

 

He should be prepared to apologise to the magistrates for the offence and explain how the mistake was made. He should leave the magistrates in no doubt that it was a mistake and that it will not be repeated. He should be able to explain how a ban will impact him - they will ask this anyway.

 

Standing up and saying this in court will be a tough thing to do and he will probably be nervous. Personally, sitting in the public gallery for the preceeding cases settles my nerves a bit and allows me to get a feel for what sort of mood the magistrates are in.

 

In my experience, they are helpful and supportive - their purpose is to get to the truth and they will help with questions and support for that purpose. The Clerk to the Court is a "good guy". You will need to find him to "log in" when you get there.

 

It is entirely likely that he will get 12 months. Being able to say his piece will reduce the risk that he gets something more severe due to the "judges lottery".

[shiney123]

surely i ll tell what happened..u all are helping me alot to keep my mind steady..

i am planning to go with him. that will be good if the clerk helps..hope he gets a ban and fine..no jail sentence..

[Bandit127]

LOL - I did mean 12 months ban and not jail...

 

I was handed down a judgment once for non payment of fines...

"You are sentenced to prison for 42 days...

long pause...

suspended"

 

I will remember that moment for the rest of my life. Needless to say, the fine got paid as agreed...

 

Good luck with it. And please let us know how you got on.

[shiney123]

thank you..ya i ll let you know how it went.

[Lucifa42]

2 small things since I don't think it's been mentioned:

 

1) Make sure he goes suited and booted.

2) He doesn't drive by himself to the court, the ban takes effect immediately and he won't be able to drive home.

[rippedofflondon]

Those figures say that no legal rep is required. No matter how educated in the law, they can't get you off drink driving. The only thing open could be a technicality, do your think all the procedure was done correctly ?

Get off on a technicality!? Sorry to be so blunt but if you "do the crime then do the time" I don't believe it should be imprisoment but should be harsh such as a year's ban and the points do stay on your licence for 11 years. If people were "getting off" all the time then there going to think that weren't so bad and won't worry about doing it next time. It's not as if there's not enough advertisement about drink driving. I wont get done because I drink zero if I'm going to drive and if I do drink won't drive at all, no matter what quantity. Your judgement is impaired and you are a risk to the public. Do let us know how he got on yesterday.

[sailor sam]

Get off on a technicality!? Sorry to be so blunt but if you "do the crime then do the time" I don't believe it should be imprisoment but should be harsh such as a year's ban and the points do stay on your licence for 11 years. If people were "getting off" all the time then there going to think that weren't so bad and won't worry about doing it next time. It's not as if there's not enough advertisement about drink driving. I wont get done because I drink zero if I'm going to drive and if I do drink won't drive at all, no matter what quantity. Your judgement is impaired and you are a risk to the public. Do let us know how he got on yesterday.

 

Nobody here is arguing that!

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[Tony P]

Nobody here is arguing that!

 

Agreed.

 

@rippedofflondon

But the point of 'technicallities' is there is a set formula and procedure to be followed - just as rules for the motorist.

Step outside the rules knowingly and the motorist has little to complain about.

So the same must apply to the 'other side' who are equally bound to 'get it right within the rules for them'.

 

Otherwise UK would descend into the totally corrupt systems that sadly prevail where I live, where "you can buy anything" from any minor official, traffic cop, judge and upwards. (In fact to be a Judge require no great legal experience and some just buy their appointment - not cheap, but the opportunities for gain are endless and the list of hopeful applicants grows, just like to be a traffic cop with a basic salary of £100/month in one of the most expensive capital cities in the World (Speaks volumes!!).

 

I know which system I prefer - keep to the rules and technicallities and avoid corrupt summary justice.

 

For all that upsets me now with the country I grew up in, the lack of everyday corruption and sticking to 'rules' is something I miss and we should treasure.

[shiney123]

sorry for not updating the result asap. but actually i updated it as soon as we got the verdict but it is not showing on the comments.

he got 6 months ban and 420£ fine including court fee and all..

[crem]

most unusual to get a ban of anything shorter than 12 months! I'm curious what "special circumstances" they may have taken into account as I didn't think there could be any.

[shiney123]

hi crem. i am not sure how they gave it. he pleaded guilty and gave the reason for his driving in such a state. we took the hospitalisation sheet of my mom and my own medical report.

It is actually 8 months but he took a safety course so it is 6mnths.

[havinastella]

Never heard of an 8 month ban! Well done him!

[sailor sam]

hi crem. i am not sure how they gave it. he pleaded guilty and gave the reason for his driving in such a state. we took the hospitalisation sheet of my mom and my own medical report.

It is actually 8 months but he took a safety course so it is 6mnths.

 

Are you sure? Minimum tariff is 12 month ban but if offered the rehab course it reduces it down to 9 (on completion).

 

I have never heard of an 8 month ban for D&D.

 

Please Note

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[Aretnap]

It's unusual, but if the court finds special reasons not to impose the full 12 month ban it can choose to impose a shorter one, or even no ban at all. Special reasons must relate to the offence itself and not to the offender (so hardship that would be caused by a ban can't be a special reason) but beyond that the court has a fair amount of latitude to decide what is a special reason. Common examples would be spiked drinks or other inadvertent consumption of alcohol, an unexpected reaction to medication, driving a very short distance, especially if there was little risk of coming into contact with other road users, or driving because of a genuine emergency. A sympathetic bench might consider going to comfort a hysterical mother in law who's just lost her father to be a genuine emergency, and knock a bit off the ban for it.

[Ocelot0411]

Good stuff - he did the right thing holding hands up and apologising for it - always the best approach in these circumstances and hopefully a lesson learnt. The only safe approach when driving is NO alcohol at all, but I am sure he knows this now.

[ploddertom]

It is exceeded the limit.. Try to consults attorney explain briefly about situation .This is first DUI then less penalties..

 

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