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what are the minimum penalties for first time drink driving offence (not me!)

(27 Posts)
miarosemum Sat 06-Aug-11 21:10:48

just had a friend on the phone very upset that her partner has been arrested for drink driving this afternoon at 3pm on his way to work for drink driving. he blew 48, over the legal limit of 35 and had not drunk since early hours this morning. he honestly did not realise he would still be over the limit, as has been 12 hours at least since last alcoholic drink. he has a clean license, no points on his license. he has no criminal record. they initially stopped him for being a bit over the speed limit on the motorway and then breathalysed him as procedure. he apparently has eaten lots today and slept in till noon. i know none of that matters, but this would also mean he would lose his job due to living in london and working in reading. any ideas on minimum penalties?

Marne Sat 06-Aug-11 21:13:07

I have only know 2 people get caught for drink and driving, both had their licences taken sad. They are pretty strict when it comes to drinking and driving so its very possible he will loose his job.

nancy75 Sat 06-Aug-11 21:14:58

they might take losing job into account in court but afaik it's usually loss of licence

nocake Sat 06-Aug-11 21:22:38

I think it's a mandatory disqualification for at least 12 months. There are a few circumstances under which it could be waived, such as being unable to earn a living without a licence, but it's rare.

Gonzo33 Sun 07-Aug-11 09:22:30

and if he is static in Reading for work they would probably not take it into consideration because he could get a direct train.

SeenButNotHeard Sun 07-Aug-11 09:28:58

Have to agree with the posters above - I know two people who have lost their licence - both were at, or below the readings of your friend's dh.

Thistledew Sun 07-Aug-11 09:37:26

It's a mandatory disqualification for a minimum of 12 months, I'm afraid.

bellavita Sun 07-Aug-11 09:53:05

My cousin will be in court tomorrow for DD. She blew 50. She actually turned her car over and knocked into some one else too.

I hope they throw the book at her tbh.

My uncle thinks the judge maybe lenient because she needs her car for her work and to also get her children to school.

queenebay Sun 07-Aug-11 09:55:03

A guy I know just got 4 months in jail, lost his licence and his job. he was 3 times over

shelscrape Sun 07-Aug-11 10:00:52

Any sentence for a drink drive offence in England and Wales carries a mandatory disqualifiaction of at least 12 months. The magistrates Court sentencing guidelines for a reading of between 36 and 50 in breath is a 12 - 16 month disqualifiaction, a fine of between 125% and 175 % of weekly income and court costs. However, for a repeat offence within 3 years, the disqualification period will be a minimum of 36 months.

Any disqualification period can be reduced if an offender takes part in a drink drive rehabilitation course - will be asked if they will participate whilst they are at Court - but they only get the reduction if they actually do the course.

He needs to be aware that any court disqualification takes immediate effect, he will not be able to drive away from Court or during the period of his disqualification or he will be committing a far more serious offence of driving while disqualified.

Grandhighpoohba Sun 07-Aug-11 11:52:48

I work in a Court, and in my experience, he will definitely lose his licence. I have only once seen someone not lose their licence, and that was in exceptional circumstances. Loss of job or childcare won't make a difference. As a first offender, he will likely get a fine or community service, depending on the circumstances and his attitude. IME, custody only happens if you are a repeat offender or have a really appalling attitude towards what has happened.

With the job, if he is good at his work, his employer may be willing to work around a ban on a temporary basis. Worth checking this out now, as a ban is inevitable I'm afraid.

Catslikehats Sun 07-Aug-11 12:27:30

grandhighpoohba there is no discretion he will lose his license -mandatory 12mths if first offence. Probably not looking at more given reading and circumstances.

bellavita Mon 08-Aug-11 21:26:14

My cousin has been to court today. She has received a nine month ban and a £100 fine.

mumofsussex Mon 08-Aug-11 21:31:54

Automatic ban. Normally 12 months but the magistrates will often offer the opportunity of going on a course and if you do you can have 3 months knocked off. was in Court last week and the defendant was offered it, accepted and got 9 months for first offence and previously clean driving licence.

jackspringg Wed 30-Nov-16 11:45:24

Hi,

If it's a first time offence and you blew 90, but none else was hurt what do you think they would receive in regards to punishment?!

OohhThatsMe Wed 30-Nov-16 11:52:16

If it was 12 hours since he drank and he was still well over the limit, he must have drunk an incredible amount.

GlitteryFluff Wed 30-Nov-16 11:53:40

Zombieeeee...

Bect1982 Fri 12-May-17 10:35:53

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

user1471537877 Fri 12-May-17 12:42:33

Bect, you're 6 months behind and talking about what happens in your country not in the U.K.

As discussed in 2015/16 minimum 1 year ban here in the U.K.

specialsubject Fri 12-May-17 20:57:31

Dippydrawers above You is a rather thick spammer, hence the zombie revival. I have reported.

courtzz1998 Sun 08-Oct-17 19:57:14

Not sure really what to do, me and my 30 year old boyfriend got into an argument last night. We was driving around when he was a little bit drunk, we argued I got out the car and wondered off, we was on holiday so I had no idea where I was. He was driving around looking for me but got pulled by police, his breath was 53 and has court at the end of this month. He madeone very stupid mistake and isnt normally that silly, he has work he needs to get to, also he is a local counciller so as you can imagine its not something he would normally do. Im so worried what charge he will get at the end of the month, he was honest as soon as he got pulled. Does anyone have any ideas on what could happen in court?

Lagerthaisfabulous Sun 08-Oct-17 20:31:26

He Will get bannes from driving at least. And rightly so.

You maybe best starting your own thread for more advice though.

sickofthelies Sun 08-Oct-17 20:33:49

Should be a mandatory prison sentence IMO for drink driving

PUGaLUGS Sun 08-Oct-17 20:37:57

ZZZZZ ZOMBIE THREAD ALERT ZZZZZ

prh47bridge Sun 08-Oct-17 20:41:19

The starting point for sentencing will be a fine and 12-16 months disqualification.

I presume from what you say that he has admitted the offence. That should result in a penalty towards the bottom end of the range. If he is offered a drink/driving rehabilitation course he should accept it as it will reduce the length of the disqualification by 25% and may also reduce the impact on his insurance premiums. He will only avoid disqualification if he can argue a "special reason" such as an emergency (doesn't sound like it was) or he only drove a very short distance (a few yards - again, seems unlikely from your description).

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