Will he get jailed? Will I have to go to court?

[Arual4891]

Here's a question...

 

I was driving my car with my 2 young children in the back (my right of way) when I was hit by a boy who came speeding out of a side road, was over the drink drive limit, driving unaccompanied on a provisional license and currently on bail for a previous serious offence (unrelated to driving).

 

My car was a complete write off. 

What sort of penalty will he face do you think?

Will I be told of the outcome?

Plus, will I have to go to court?

[dx100uk]

i doubt you will ever have to goto court, as the charges will be bought by the authorities not you.

[Arual4891]

Do you think the authorities will let me know the outcome? 

[dx100uk]

it would be made  public knowledge anyway

[ukshane4life]

they usually just get a fine, ban and slap on wrist never jail for drink driving or even crash drink driving only if you kill someone 

 

ive known many people where they been banned loads of times and still drive and never got sent down even when they do a police chase

[Man in the middle]

Sentencing for drink-driving rests primarily on the level of alcohol measured. There is no reason for you to go to court - you cannot provide any evidence to support the fact that the driver was over the limit. It is unlikely you will be informed of the outcome. The only way to be sure of finding out is to find out what Magistrates' Court the case will be heard in and attend to watch the case in the public gallery. You don't mention the age of the offender but if he is under 18 it will heard in a closed court and members of the public cannot attend. 

 

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...they usually just get a fine, ban and slap on wrist never jail for drink driving

 

That's not quite correct. The maximum sentence for driving with excess alcohol is six months custody. As above, the sentence depends heavily on the level of alcohol recorded. The "custody threshold" is crossed at just under 3.5 times the legal limit. I have seen plenty of drivers jailed for high readings of excess alcohol even when there were no aggravating features. The Magistrates' Court sentencing guidelines for driving with excess alcohol are here:

 

https://www.sentencingcouncil.org.uk/offences/magistrates-court/item/excess-alcohol-driveattempt-to-drive-revised-2017/

[ukshane4life]

well i had a mate few year ago he was 4x times over limit when he crashed into a lamp post and he just got fined and ban for 2years

 

also i think it depends on judge

 

well now with this covid they will want to avoid sending people prison unless its a serious one

Edited November 7, 2020 by ukshane4life

[Arual4891]

He's 19 years old. 

[ukshane4life]

well i wouldnt think about it because you wont know if he has been sent down and i doubt he be sent down 

 

i use to know a mate years ago who robbed cars and got caught loads and never got sent down even smacked a police officer and rammed a cop car and he was 25

[Man in the middle]

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well i had a mate few year ago he was 4x times over limit when he crashed into a lamp post and he just got fined and ban for 2years

 

There not too much value in us swapping anecdotes, but do you think he was telling you the truth? As you can see, leaving aside fines/community orders or prison, an offence of four times the limit attracts a ban of at least 30 months. The option of a fine (and coincidentally a ban of 2 years) covers offences up to about 2.5 times the legal limit. Did your mate tell you what he had to do to get his licence back? They might help determine what level he blew.

 

Quote

well now with this covid they will want to avoid sending people prison unless its a serious one

 

Judges and Magistrates have received no guidance to avoid sending people to prison because of Covid.

[unclebulgaria67]

@Man in the middleYes I have come across cases recently, where people have been sent to Prison for a few weeks.  

 

Expensive punishment method, but perhaps it was seen as appropriate and may lead to a change in behaviour.