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Victims of crime

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Original poster

Drink driving for the 3rd time

36 replies

Rushmoom · 19/04/2023 21:12

Hello,

A friend has been convicted of drink driving, twice, the last time was 5 years ago. She lost their license and was banned from driving for a set period of time. Last week, she was arrested found near the scene of a car crash (crashing in to a moving car). The keys were found on her, but she denied she had been driving. She blew 79 on the breathalyser, but refused to provide a sample at the police station. She has said she'll be pleading not guilty.

How can I convince her to plead guilty?
What is the likelihood of her being found guilty?
What is the puni

OP posts:
Original poster
Rushmoom · 19/04/2023 21:13

Argh! Let me finish:

Hello,

A friend has been convicted of drink driving, twice, the last time was 5 years ago. She lost their license and was banned from driving for a set period of time. Last week, she was arrested found near the scene of a car crash (crashing in to a moving car). The keys were found on her, but she denied she had been driving. She blew 79 on the breathalyser, but refused to provide a sample at the police station. She has said she'll be pleading not guilty.

How can I convince her to plead guilty?
What is the likelihood of her being found guilty?
What is the likely punishment if she is found guilty, what is the likely punishment if she pleads guilty?

And most importantly... How can I help her admit she has a problem?

Thanks

OP posts:
Ohheyitsme1 · 19/04/2023 21:15

She can plead not guilty if she wants but it won’t make a difference. The police officers will speak to her having smelled of alcohol, behaving intoxicated etc.

Third conviction, she can expect a huge ban and a big fine.

Hope she gets both. She sounds like an idiot and she’ll kill someone one day.

PinkFootstool · 19/04/2023 21:27

Don't bother. You can't convinced a drunk that they have a problem. You can't get an alcoholic to give up alcohol.

Only they can do that. They are currently in huge denial, and you won't be able to bring them to their senses.

Remind them they will need a solicitor for court though.

spidereggs · 19/04/2023 21:30

Take them to a solicitor, duty or whoever they instruct.

If you wish to remain involved.

A guilty plea attracts a discount to the sentencing. A not guilty and found guilty does not.

What's her defence?

How did she get there?

Presumably there are witnesses that saw her hit them and leave the vehicle?

AmandaHoldensLips · 19/04/2023 21:34

Refusing to provide a sample is viewed by the court as a given that she was over the limit. Only a pissed, belligerent person would do that.

ThePoshUns · 19/04/2023 21:35

Hopefully she'll go to prison

Original poster
Rushmoom · 19/04/2023 21:35

Thanks. I agree with all of you. She's got some notion that she stands a chance at keeping her license if she pleads not guilty and by some miracle she's not found guilty.

I know she did it, I know she needs to face up to it. I just want to help a lovely person who's in a shitty place face up to their problems. I know how awful what she has done is, and I agree she deserves a harsh punishment.

OP posts:
Arewethebadguys · 19/04/2023 21:42

You sound like a really good friend. But pp are right - you can convince an addict to give up their addiction, or persuade, or plead or beg. You'll never win. She needs to reach rock bottom and seek help herself. Maybe a custodial sentence would help her detox and reevaluate her life choices, but I doubt it. You just can't love an addict more than they love their addiction. Sadly. I hope your friend is one of the very very few who make it out the other side. I just doubt she's at that point yet.

PieonaBarm · 19/04/2023 21:43

She will have been charged with failing to provide rather than drink drive as although she's blown at the roadside it's the station reading that is the evidential reading needed for court for drink drive and she's refused that.

She's zero hope of being found not guilty as she's definitely guilty of failing to provide an evidential sample, as she, well, failed to provide. She will get a ban,

TakeMyStrongHand · 19/04/2023 22:00

Does it matter if she gets a ban? She clearly doesn't give a shit about safe driving and will get straight behind the wheel.

She needs help with her problem. Can she request this as relevant agencies clearly involved?

Original poster
Rushmoom · 19/04/2023 22:01

Thanks. I'm pretty convinced she's going to end up with a custodial sentence, regardless of how she pleads. Her previous offences both resulted in a three year driving ban. I know it's something she deserves, but I also know she deserves love and support through her punishment and rehabilitation.

OP posts:
Original poster
Rushmoom · 19/04/2023 22:08

TakeMyStrongHand · 19/04/2023 22:00

Does it matter if she gets a ban? She clearly doesn't give a shit about safe driving and will get straight behind the wheel.

She needs help with her problem. Can she request this as relevant agencies clearly involved?

No, we live in a city with good public transport, she likes walking too. She's not driven to my knowledge before when she's been banned as she's not had access to a car, but obviously I can't be 100%. I do think a prison sentence will hit her harder (she doesn't have children thank goodness).

I'm trying to work with her to get help with her drinking, the ironic thing is she's not even a frequent drinker, she's clearly just a stupid drinker. I also think she needs help with her mental health, she has some childhood trauma and I suspect the drinking and driving happens when she's on a downer. Do you think if we got services involved to help with these issues, and pleads not guilty, it will help her case? Not to get away with things, no, but to encourage her that she's doing the right thing. Or is she going to get the book thrown at her regardless?

OP posts:
PickoftheMix · 19/04/2023 22:21

Sadly in her case, if she did go to prison it will most likely be a downward spiral of an already downward spiral (through drinking) she's going through. Prison would most likely take away any hope she had in life and will most likely drink further when she's released as life will be that much harder for her. It sounds like she needs help, not prison.

Failing to provide is an offence itself, so she won't be done for drink driving, she'll be done for failing to provide.

TakeMyStrongHand · 20/04/2023 05:59

If these services are involved it will help her case in that she shows remorse and understands her actions were wrong but if she pleads not guilty that will wipe out any positives. They know she did it and she needs to plead guilty. Even just for the reduced sentence.

BritInAus · 20/04/2023 06:04

You can't help an alcoholic realise or admit they have a problem. Even if she knows she has a problem, she may well not want to or feel able to change.

I hope if she has children they are in the care of another parent or caregiver.

ziggiestardust · 20/04/2023 06:06

This is really sad. I think your friend is an alcoholic. Sadly, until she wants to admit responsibility there's very little you can do to help her. You can't take it all on OP, don't light yourself on fire trying to keep others warm.

bibbitybobbityyhat · 20/04/2023 06:15

When you say you agree she needs a harsh punishment, what do you mean by that OP? What are the courts supposed to do with such a reckless criminal?

Paq · 20/04/2023 06:18

ziggiestardust · 20/04/2023 06:06

This is really sad. I think your friend is an alcoholic. Sadly, until she wants to admit responsibility there's very little you can do to help her. You can't take it all on OP, don't light yourself on fire trying to keep others warm.

This. You can't help alcoholics until they want to be helped.

QuintanaRoo · 20/04/2023 07:58

She might get a prison sentence. Someone locally recently had their second drink driving crash and got 4 years in prison! The person they hit did have their leg broken in the crash so not sure if the injuries made the sentencing more severe. Or the fact the drunk driver ran from the scene. 4 years seemed surprisingly high but I guess the judge felt she was a danger to others.

thimblewomgee247 · 20/04/2023 08:04

She should get a custodial sentence (in my opinion). Once could be a mistake/ error of judgement, second and third time no excuse.

She obviously has issues with drink and she needs to be stopped before she kills someone.

A ban won't stop her driving if she wants to

OhBeAFineGuyKissMe · 20/04/2023 08:32

Rushmoom · 19/04/2023 22:08

No, we live in a city with good public transport, she likes walking too. She's not driven to my knowledge before when she's been banned as she's not had access to a car, but obviously I can't be 100%. I do think a prison sentence will hit her harder (she doesn't have children thank goodness).

I'm trying to work with her to get help with her drinking, the ironic thing is she's not even a frequent drinker, she's clearly just a stupid drinker. I also think she needs help with her mental health, she has some childhood trauma and I suspect the drinking and driving happens when she's on a downer. Do you think if we got services involved to help with these issues, and pleads not guilty, it will help her case? Not to get away with things, no, but to encourage her that she's doing the right thing. Or is she going to get the book thrown at her regardless?

Show quote history

Pleading not guilty is the worse thing she can do. There is no doubt that she failed to provide a sample.

Some doubt that she was driving her car when it crashed but really…. Pretty sure the magistrates will be able to figure that one out themselves.

Showing that she is working with mental health and alcohol services will help, but given this is the 3rd time (and she probably said all those things last time) it doesn’t look good. There is a very real possibility of a custodial sentence.

The best you can do for her is to persuade her to change her plea.

Daisiesandprimroses · 20/04/2023 08:42

Who is she saying was driving if not her?

EmmaGrundyForPM · 20/04/2023 08:57

She needs help, but until she admits that she has a problem with alcohol, there's very little that anyone can do.

She's likely to get a prison sentence, especially as she's insisting on pleading Not Guilty. If she pleads Guilty and shows some insight into her problem then she may be given some form of community punishment with a treatment order attached (its a while since I worked in criminal justice so not sure if that's even still an option) but she isn't at that stage.

You sound like a good friend

shintyminty · 20/04/2023 08:58

Why do feel so responsible for her?

You can talk til your blue in the face and she can have whatever punishment the law metes out, but until she hits her own rock bottom she won't change. The motivation to change has to come from within her and her alone.

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