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Victims of crime

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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:
ShagratandGorbag4ever · 20/04/2023 09:25

The best thing she could do would be to plead guilty at the first hearing and show remorse. She should expect a custodial sentence, but magistrates are under pressure not to send people to prison at the moment due to overcrowding, so it's just possible that the sentence might be suspended.

OldTinHat · 20/04/2023 09:51

Someone I knew got a ban for her first time and a suspended prison sentence the second time.

drpet49 · 20/04/2023 10:11

I hope the judge throws the book at her. She is disgusting for risking other peoples lives.

cupofdecaf · 20/04/2023 11:30

She'll be charged with failing to provide a specimen of breath. I don't think they even need to prove she was driving when she's failed to provide a specimen.
Given her record she'll get a longer disqualification and a large fine.
Had she got her licence back or was she also driving whilst disqualified and no insurance?

cupofdecaf · 20/04/2023 11:35

Correcting my last post- I should say she's actually at risk of a custodial sentence.
It's her 2nd drink drive in less than 10 years, crash caused. If she deliberately refused it's 36-60 month's custody, reduced by1/3 for an early guilty plea.

QuintanaRoo · 20/04/2023 13:25

cupofdecaf · 20/04/2023 11:35

Correcting my last post- I should say she's actually at risk of a custodial sentence.
It's her 2nd drink drive in less than 10 years, crash caused. If she deliberately refused it's 36-60 month's custody, reduced by1/3 for an early guilty plea.

Yes, pleading guilty is the best thing she can do as it’s likely to reduce a sentence. She needs to plead guilty, admit she has a problem and have started some sort of counselling/alcoholics anonymous before her court case to have the best chance of a more lenient sentence. Otherwise they are more likely to throw the book at her. I hope she is taking legal advice.

TheCrystalPalace · 20/04/2023 18:34

The reference a poster made to Katie Price is interesting. She has a list of driving convictions as long as your arm and the judge/magistrate said it was the worst driving record she'd ever seen. She should have been jailed for her most recent offence, when she was very drunk and also had taken cocaine.
She escaped a jail sentence somehow.
I have read that she refused to give a blood sample at the police station as she apparently has a needle phobia. This is someone with a faceful of Botox and lip fillers, with numerous tattoos and who has had General Anaesthetics multiple times for cosmetic surgery.
So who knows? Your friend could get away with this too.

Rushmoom · 21/04/2023 23:00

Thanks all. You're all saying just what I already knew/suspected. I think I just needed a vent, I feel I'm fighting a losing battle and that I'm going to lose my friend.

OP posts:
creamcheeseandlox · 21/04/2023 23:11

Drink driving is an absolute offence. You've either done it or you haven't...there's no defence for it. The fact she refused to give a sample at the station is a straight charge for refusing to give a sample. The judge won't look lightly at her. And hopefully she will go to jail as she clearly doesn't care about anyone but herself.

OhBeAFineGuyKissMe · 22/04/2023 08:04

creamcheeseandlox · 21/04/2023 23:11

Drink driving is an absolute offence. You've either done it or you haven't...there's no defence for it. The fact she refused to give a sample at the station is a straight charge for refusing to give a sample. The judge won't look lightly at her. And hopefully she will go to jail as she clearly doesn't care about anyone but herself.

I’m going to disagree on your last sentence. I think the one person she doesn’t care about is herself.

tonystarksrighthand · 22/04/2023 08:12

My DN was given a custodial for 9 weeks (reduced to 3 weeks) for a 3rd time drink driving.

That didn't get her sober

2 years later she got sober through AA. That was 15 years ago

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