Page 17 | To think drink driving does not mean lose your license?

berks · 2020-09-27T11:44:35+00:00

Regular poster but name changed. DH was arrested for drunk driving last night after crashing his car. He blew 104 on the breathalyser then tested 57 at the police station several hours later. He broke his wrist so had to go to hospital before the station. He's the sole earner in our family- I haven't worked since 2014 since I had our first child- we have 3 DCs (age 6, 3 and 1). If he loses his license he won't be able to get to work which is 15 miles away and not near public transport. He seems to think that because of this he may be allowed to keep his license. I am desperately clinging to this. I know what he did is wrong, I know what could have happened so please don't lecture me- he's in more trouble at home I assure you. I haven't stopped crying all morning. He's such an idiot.

winetime89 · 27/09/2020 22:12

I know someone who got away with it. They crashed their car, the police were called but they said they wernt driving it and it had being stolen. They got community service. Think this is very uncommon though.
my partner was stupid and lost his licence a couple of years ago he also
Needed to drive for work. he had to bike it to town to get a train for an hour, Meet someone near the train station and then spend another hour in the works van. The same coming home He spent around between5-6 hours of travelling/ to work a day, plus ten hours on the job. did this for six months until they got a job nearer home and someone could pick
him up. maybe this is something your partner can do?

Mumsnext1979 · 27/09/2020 22:13

He can claim exceptional hardship if the impact of him loosing his license will effect others severely/detrimentally (ie loss of job, kids having to change schools, not do extra curricula activities etc.) This isn’t a golden ticket. Any other offence will automatically mean his license is taken away. You can’t claim special hardship again for three years.

thedancingbear · 27/09/2020 22:17

He can claim exceptional hardship if the impact of him loosing his license will effect others severely/detrimentally (ie loss of job, kids having to change schools, not do extra curricula activities etc.) This isn’t a golden ticket. Any other offence will automatically mean his license is taken away. You can’t claim special hardship again for three years.

No, this is only for 'totting up' of points. It wouldn't be hardship in the OP's case in any event, it would be inconvenience. '

LadyMacbethWasMisunderstood · 27/09/2020 22:22

I have no idea why the police did not impose a condition of bail that your DH should not drive pending the Court date. That used to be customary. I hope the Berkshire police pick this up and impose such a condition. A drunkard with a broken wrist is really not someone anyone wants on the roads.

Otterhound · 27/09/2020 22:52

Not read the thread but other problems

Its on his insurance record for 10 years.

What ever you pay in insurance now, add a zero to when he gets his licence back

The insurance might well not pay for the car when he is convicted

He better learn to cycle. 15 miles isnt that far

Yesmate · 27/09/2020 23:51

@LadyMacbethWasMisunderstood he will have been charged and a date set for court. No bail conditions because he isn’t on bail.

Whenismumhome · 28/09/2020 00:21

As others have said, he will 100% lose his licence and quite rightly so.

Sorry that this will have a big impact on you, it’s not your fault. I hope you can get something sorted

LeahDownTheLane · 28/09/2020 00:36

When I was two years old my mum was killed by a drunk driver. Anyone who makes the choice to drink and get behind the wheel should be punished to the full extent. Hop he has a bicycle.

Vivana · 28/09/2020 00:37

Sorry but I hope he loses he's licence

S00LA · 28/09/2020 09:05

@LeahDownTheLane sorry for your loss

newnameforthis123 · 28/09/2020 09:33

@LeahDownTheLane

When I was two years old my mum was killed by a drunk driver. Anyone who makes the choice to drink and get behind the wheel should be punished to the full extent. Hop he has a bicycle.

I'm so sorry

Runssometimes · 28/09/2020 09:47

I hope he loses his licence. My friend lost his life at 18 due to a drunk driver. If he’s the sole earner he should have taken more responsibility before he got in the car.

chrislilleyswig · 28/09/2020 10:12

@TurquoiseDress

Sorry to hear of this situation OP

Unfortunately I think any sort of drunk driving & being over the limit will result in the temporary loss of driving license.

Also, I don't think a company will look too favourably on a drink driving conviction especially if a driving license is essential for the job.

Years ago I had an acquaintance who worked as one of those pharma reps, driving everywhere, she had one glass of wine too many one evening and lost not just her driving license but her job as well.

Why "unfortunately "?

Do you think they shouldn't?

contrmary · 28/09/2020 10:21

Tell him to get an e-bike. He'll be able to cycle to work on that.

He will, and should, lose his licence for this. It could be worse - if he'd killed someone he'd be looking at a couple of years in prison.

Occasionally courts decide not to impose a driving ban for drink driving but it is very rare. There was a case in my local paper a couple of months ago where a woman escaped a ban because she was only just over the limit, and was moving her car a few metres because a traffic warden had ordered her to.

Heffersclub · 28/09/2020 10:28

I do feel for you OP, I'm not sure how I would feel at DP for doing something so irresponsible but a huge chunk of the respect I have for her would be out the window. Plus having to explain to the kids why daddy can't drive anywhere for the next couple of years.

Heffersclub · 28/09/2020 10:31

2 years isn't enough IMHO, I have a friend left with a lifelong, life changing disability after being hit by someone over the limit ( not near to 3 x the amount) and the guy is now back on the roads while she lost her 25 year medical career and struggles now living off benefits, with her children put into the role of young carers.

EL8888 · 28/09/2020 10:39

Another vote for his losing his licence. He needs to feel the consequences of his actions. I doubt very much this was the first time he did it, it’s just the first time he got caught. Its interesting OP is stepping away when she doesn’t like the replies (or less attendees at her pity party than she would have liked)

ProfessorSlocombe · 28/09/2020 10:47

Occasionally courts decide not to impose a driving ban for drink driving but it is very rare. There was a case in my local paper a couple of months ago where a woman escaped a ban because she was only just over the limit, and was moving her car a few metres because a traffic warden had ordered her to.

That makes no sense. If she was ordered to move a car by a traffic warden she'd have a complete defence against the charge. She would have been acquitted. She either had a spectacularly incompetent lawyer (now you know where Buckland and Braverman started) or there's something missing from the story.

Justgorgeous · 28/09/2020 12:32

I hope you are ok OP. You must feel dreadful and worried for the future. I’m sure you agree that he should loose his licence, as he has broken the law and should be punished. In my opinion there is no excuse for drink driving as there is always an alternative, be it walk, taxi, bus, sleep at a friend’s house. For you and your children though I just hope that the impact isn’t too great. Always sad to read a story like this. Good luck to you.

JacobReesMogadishu · 28/09/2020 12:37

@ProfessorSlocombe

Occasionally courts decide not to impose a driving ban for drink driving but it is very rare. There was a case in my local paper a couple of months ago where a woman escaped a ban because she was only just over the limit, and was moving her car a few metres because a traffic warden had ordered her to.

That makes no sense. If she was ordered to move a car by a traffic warden she'd have a complete defence against the charge. She would have been acquitted. She either had a spectacularly incompetent lawyer (now you know where Buckland and Braverman started) or there's something missing from the story.

I wouldn't have thought it was a defence. If I was told to move my parked car and I thought I might be over the limit I'd decline to do so. If that meant I got a parking ticket then I'd get the ticket. She could have said no.

JacobReesMogadishu · 28/09/2020 12:42

As people have said an e-bike is doable.

They're limited to 15.5mph so his commute will take about an hour each way. I cycle commute on a non ebike about half the distance and it takes me around 40 mins. I do it in all weathers unless the wind is over 20mph and it isn't often that I drive instead.

He'll need decent waterproofs, gloves, etc. He'll get cold and tired and be fed up with it all. He'll need a fairly decent bike if he's doing 30 miles a day. The cheaper bikes are heavier and may well negate the benefit of the electric. Prices for a decent one are about 2k.

ProfessorSlocombe · 28/09/2020 13:10

I wouldn't have thought it was a defence. If I was told to move my parked car and I thought I might be over the limit I'd decline to do so. If that meant I got a parking ticket then I'd get the ticket. She could have said no.

The word "ordered" was used originally. Not "asked". So now the story (as I predicted) has changed.

ReceptacleForTheRespectable · 28/09/2020 13:15

A traffic warden doesn't have the authority to order someone to commit a crime though. If you know you are over the limit, you should say no - that's basic common sense, regardless of whether someone is trying to 'order' you to drive.

Either get someone else to move the car (someone can be added to the insurance over the phone if needed), or accept that the car will be clamped / towed.

ReceptacleForTheRespectable · 28/09/2020 13:22

"They told me to do it" isn't a defence for any type of criminal charge, is it? Unless you are a child, vulnerable (SEN) or were literally forced at gunpoint (for example). No-one has the authority to order someone to commit a crime, do they? (I can't think of any examples)

It would be a mitigating factor if a crime was committed under threat of violence, but not an absolute defence. As adults, we have to take responsibility for our actions, and for whatever crimes we choose to commit.

WouldBeGood · 28/09/2020 13:26

It’s not three times the limit. But a ban is inevitable. He should get a solicitor to represent him for the best possible outcome.