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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To think drug driving always gets a ban?

56 replies

laundryschmaundry · 21/02/2023 05:29

This is about my younger brother- we're low contact but I do see my SIL and their children.

DB is an habitual cannabis smoker and was recently caught smoking a joint whilst driving. I have had concerns about him drug driving for a while so this was a relief to me but it will mean he'll lose his job if banned as he won't be able to get there. Saw SIL yesterday and she said because he's the sole income and she can't drive he probably won't get a ban Angry I said I didn't think it worked like that but she was adamant she has form for believing everything DB tells her.

AIBU to think that's his problem and a ban is inevitable? I will completely lose faith in the system if someone caught smoking a joint whilst driving gets away with points Confused

OP posts:
Bard6817 · 21/02/2023 08:25

Depends of the magistrate and clerk and whatever sob story is poured out, also how the accused interacts with the court officers too.

I’ve seen amazing interactions…
From the guy who had his car taken by one Mag, who had a thing about this due to a family loss. (Vehicle used in the crime legislation). And another where a guilty plea and cooperation with the court officers surrounding another case - resulted in a far lesser sentance.

letters from work about losing job help.

accepting responsibility helps
making plans for losing license helps
etc etc

Gwen82 · 21/02/2023 09:35

PrincessPeach92 · 21/02/2023 08:17

I always wonder on threads like these how many posters would get a taxi to work when they'd had a bad night's sleep. Given that driving tired is statistically more dangerous than driving drunk.

Do you have a source?

Bogeyes · 21/02/2023 09:48

If I was the magistrate it would be a ban from me

Ifailed · 21/02/2023 09:49

He's a labourer on a construction site. Current job is over 20 miles away with no public transport

As a labourer I assume he's reasonably fit and therefore able to cycle 20 miles each way.

Bogeyes · 21/02/2023 09:54

Surely smoking weed affects your judgement. Whether you are driving or working. It affects your work ability and puts work colleagues at risk. Or am I just old fashioned?

MsJD · 21/02/2023 10:22

Tell him to get a bicycle. Might even give him the motivation to quit smoking. I hope he gets a ban, it might save someone's life.

Original poster
laundryschmaundry · 21/02/2023 10:45

MsJD · 21/02/2023 10:22

Tell him to get a bicycle. Might even give him the motivation to quit smoking. I hope he gets a ban, it might save someone's life.

Me too. To be clear, I would be horrified if he's allowed to continue driving. This might be the first time he's been caught but he's been driving my nephews around stoned for years.

OP posts:
Gwen82 · 21/02/2023 10:47

laundryschmaundry · 21/02/2023 10:45

Me too. To be clear, I would be horrified if he's allowed to continue driving. This might be the first time he's been caught but he's been driving my nephews around stoned for years.

Show quote history

Bloody hell op

talk about a drip

why on earth havent you reported him?

Original poster
laundryschmaundry · 21/02/2023 10:57

@Gwen82 because no one cares.I've reported to police on non-emergency, I've reported to social services, to the school. Sadly, the threshold for any intervention is not met.

As I said in my OP he's a habitual user- this wasn't a one off. I'm just hoping this might the one time he can't wiggle out of consequences of his actions.

OP posts:
ILoveASpreadsheet · 21/02/2023 15:01

PrincessPeach92 · 21/02/2023 08:17

I always wonder on threads like these how many posters would get a taxi to work when they'd had a bad night's sleep. Given that driving tired is statistically more dangerous than driving drunk.

There’s no definitive test for tiredness unlike drugs and drink. If you do have a collision because you are over tired usually you are prosecuted for dangerous driving rather than the lesser due care and attention because it’s avoidable.

SinnerBoy · 21/02/2023 15:14

LunaAndHerMoonDragons · Today 06:06

He can apply to the court for a restricted licence for driving to and from work. It's up to the judge on the day, first offences tend to have some leniency and his families needs can be taken into account in granting a restricted licence.

Are you in the USA or Canada? The reason I ask is because I once worked with a man from rural Texas, who something like that. He was allowed to drive his kids to school, to and from work and his mother to doctor's appointments. He also had to have regular blood alcohol monitoring.

We don't have that in Britain.

Ponoka7 · 21/02/2023 15:19

My son in law got a year ban. He lost his job and it made it impossible for him to have contact, our side had to take the children to him. Both GC have had to have surgery, one is disabled, the Court was having none of it. Which we agree with because the children have never been his priority anyway. He had proof of poor mental health etc etc. It has to be very exceptional circumstances because pot smoking is thought of as nothing by the people who smoke and sometimes those around them. It's the only deterrent.

Whammyyammy · 21/02/2023 15:58

Drink and drug drivers make me sick, utter scum with no consideration for anyone else but themselves. If proven guilty he will be banned, and I hope he is.

Also has other implications, from government site:

Penalties for drug driving
If you’re convicted of drug driving you may get:

a minimum 1 year driving ban
an unlimited fine
up to 6 months in prison
a criminal record
Your driving licence will also show you’ve been convicted for drug driving. This will last for 11 years.

The maximum penalty for causing death by careless driving under the influence of drugs is life imprisonment.

Other problems you could face
A conviction for drug driving also means:

your car insurance costs will increase significantly
if you drive for work, your employer will see your conviction on your licence
you may have trouble travelling to countries like the USA

Gwen82 · 21/02/2023 16:00

laundryschmaundry · 21/02/2023 10:57

@Gwen82 because no one cares.I've reported to police on non-emergency, I've reported to social services, to the school. Sadly, the threshold for any intervention is not met.

As I said in my OP he's a habitual user- this wasn't a one off. I'm just hoping this might the one time he can't wiggle out of consequences of his actions.

Come again?

You have reported to the police that your brother regularly is driving his children under the influence of drugs and they “don’t care”? 🤔

Whammyyammy · 21/02/2023 16:00

LunaAndHerMoonDragons · 21/02/2023 06:06

He can apply to the court for a restricted licence for driving to and from work. It's up to the judge on the day, first offences tend to have some leniency and his families needs can be taken into account in granting a restricted licence. I'd say yes he'll get a driving ban, probably not one year unless he has priors and if this is a first offence good chance he'll get a restricted licence for driving to and from work.

Utter nonsense. Let's all get drunk or high on drugs.... tell the judge I need my licence to work, so I can buy more drugs.. ..

Stomacharmeleon · 21/02/2023 17:15

@PrincessPeach92 I don't believe that sorry. My cousin was killed at 18 months old by a drunk driver on Christmas Eve.
Drug and drink drivers are selfish bastards.

DdraigGoch · 21/02/2023 18:00

Stomacharmeleon · 21/02/2023 17:15

@PrincessPeach92 I don't believe that sorry. My cousin was killed at 18 months old by a drunk driver on Christmas Eve.
Drug and drink drivers are selfish bastards.

Driving while sleep-deprived is dangerous too (though that doesn't in any way excuse of mitigate drunk/drug driving). Obviously it's harder to measure sleep deprivation but I'd like to see more robust advice on time you should spend driving continuously, plus stricter rules on working hours for people driving for a living.

Stomacharmeleon · 21/02/2023 20:03

I agree with that and I think regular breaks are important. I just don't equate not having a good eight hours with CHOOSING to constantly smoke a substance or booze and then drive
I agree we all need to be more cautious us when driving. People take silly risks.

DdraigGoch · 21/02/2023 21:38

Stomacharmeleon · 21/02/2023 20:03

I agree with that and I think regular breaks are important. I just don't equate not having a good eight hours with CHOOSING to constantly smoke a substance or booze and then drive
I agree we all need to be more cautious us when driving. People take silly risks.

Choosing to drive when under the influence and choosing to drive when sleep-deprived are both choices. In both cases the seriousness is a question of scale - getting five hours sleep is akin to having a little alcohol in your system, whereas if you've been awake for 20 hours you may as well be driving home from a piss-up.

Brieandme · 21/02/2023 21:44

Of course driving without sleep is stupid, but I don't understand Princesspeach using it as an example. Both are bad. It doesn't make drug driving ok!

(Also @DdraigGoch , this might be a sign of age, but being awake for 20hrs is a moot point for me - I'd only be able to achieve that with chemical stimulants in the first place!)

I do think the guy referred to in the OP is going to get a wake up call. The courts are strict enough on drug driving even with trace levels. Smoking a joint while driving is another level entirely.

PrincessPeach92 · 21/02/2023 22:00

Of course driving without sleep is stupid, but I don't understand Princesspeach using it as an example. Both are bad. It doesn't make drug driving ok!

I didn't say drug driving is OK. I'm just saying that a lot of people who would get on their high horse about somebody driving two days after smoking a joint (yes, can still fail test) wouldn't think twice before driving to work after a poor night's sleep.

I mean, I don't know anybody with young kids who regularly gets taxis to work and leaves car at home, so all these people are in theory being extremely irresponsible.

PrincessPeach92 · 21/02/2023 22:06

Obviously it's harder to measure sleep deprivation but I'd like to see more robust advice on time you should spend driving continuously, plus stricter rules on working hours for people driving for a living.

I'm assuming then that you have a robust understanding of the current WTD and EU Driver's Hours regulations?

PriOn1 · 21/02/2023 22:15

Daisy95 · 21/02/2023 07:33

I know 2 men that both got caught drug driving and neither got banned due to being farmers and needing to drive, I think they got fines and maximum points.

I know a farmer who built up 12 points for speeding and didn’t lose his for the same reason. I realise it’s supposed to be inconvenient, but losing your job when you’re the sole earner for your family is beyond inconvenient.

I’m guessing it might depend on your defence lawyer and the judge, but from the sound of it, a complete ban is not a 100% certainty.

PrincessPeach92 · 21/02/2023 22:45

PriOn1 · 21/02/2023 22:15

I know a farmer who built up 12 points for speeding and didn’t lose his for the same reason. I realise it’s supposed to be inconvenient, but losing your job when you’re the sole earner for your family is beyond inconvenient.

I’m guessing it might depend on your defence lawyer and the judge, but from the sound of it, a complete ban is not a 100% certainty.

Show quote history

I remember an article about a woman who was still driving with over 40 points. No joke. She was one of quite a few.

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