FIL caught drink driving

[CrazyGoatLady]

FIL (73) drove home from the pub on Christmas Eve, got pulled over for speeding and was over the limit. Said he'd barely had anything to drink, but his brother said he had 6 pints over around 4hrs so he must have been well over. It was about a 5 mile drive home, but on a stretch of A road that often has patrols on it. Fool!

We've had rows over it before and I've said if he ever did it with DC in the car I'd shop him myself. Nobody else was with him on this occasion.

FIL now wants us to help him pay for a good solicitor as he is going to opt for court to try and avoid a ban, as GMIL is very elderly, losing it a bit, and FIL is very involved with her care, he drives over to her house most days. I do not want to give him a penny, as he's been drink driving for years and I hate his attitude, nanny state, they just want your money, I'm a careful driver, it's fine, blah blah. DH is angry with him, but wavering for GMIL's sake.

If DH wants to help I can't stop him, but I don't want him using our joint/family funds to help him weasel his way out, and I feel like he should have thought of his elderly mother before getting in the car after 6 pints. Am I being mean here?

Where will your dh stop if he does support him here? Sounds like FIL is an alcoholic who'll get straight back to doing it again. Is dh prepared to keep doing this?

Your FIL needs banning at the least.

If he's banned, do you think he'll drive anyway? Sadly, with what you've said he sounds like the type....

My friends a firefighter and said similar about pulling victims out of cars, he says that its so often more the drunks who survive and wipe out everyone in their path. Awful.

Given what his insurance will cost if he is convicted but avoids a ban, it would be cheaper for him to travel everywhere by taxi.

IIRC, if you get banned for drink-driving for more than 12 months, under certain circumstances you can opt to go on a rehabilitation course which can reduce your sentence by up to 25%.
The convicted driver pays for this him/herself.
I abhor drink-driving from the very depths of my being, but this is what the law says🤷🏻‍♀️

He wouldn't get a penny off me and I would think very badly of my husband if he gave any.

I hope he loses his licence.

To start with drink driving/drug driving is an automatic disqualification, no ifs, no buts. If any solicitor tells him otherwise then run a mile. Years ago you could talk your way out of disqualification, my dad certainly did, but that’s not the case these days and the magistrates have to impose a disqualification. How long that ban is depends on how much he blew over as the sentencing guidelines differ depending on that.

He absolutely needs legal advice, if he’s blown high he’s at risk of custody and he needs legal advice to prevent this rather than worrying about a ban. The ban is inevitable and the quicker he gets that into his head the better. However, he will be entitled to see duty on the day at court, if you don’t want to pay you don’t have to it’s not your issue.

My friends husband lost his first wife when she was killed by a drunk driver on Christmas Eve while she was crossing the road. He probably didn't think either when he got behind the wheel after leaving the pub.
Your FiL deserves a fine and a ban and having a good lawyer shouldn't make any difference.

Points, insurance, speeding maybe.
You do not escape a drink driving ban, even if you are a troubled celebrity.
A local solicitor won't get you off.
Clarence fucking Darrow wouldn't get some old gimmer off.

I can guarantee that he will view insurance as an optional extra in his driving life.

He is innocent until proven guilty. MN is not a court!!
Everyone deserves legal representation if we are to call ourselves a civilised society. Everyone.
Having said that I hope he gets a long ban. Your DH needs to have a word with himself. Would he be feeling so conflicted if another person had been injured or worse? Good luck OP please stand your ground- I wouldn’t be giving a bloody inch on this one - this is social responsibility for public safety.

People saying "oh you are as bad as you didnt report him!" well its not quite that simple.

Firstly the Op has explained that she has spoken to the police and they cant do anything without info on when and where he is doing it, which she doesnt have as they dont live nearby.

Secondly even with that information, its hit and miss whether anything happens. There was a guy at a pub I used to run who would get paralytic and drive home. Every single time I would report him saying he was over the limit, was at X location and would be driving to Y location and had drunk Z number of drinks over a 2 hours period. Oh and here is his full name and van reg. In 2.5 years of reporting him he was never once stopped. I kept doing it in the hope that if I reported it often enough it would flag up as an issue. But to my knowledge he still hasnt been caught.

I would be livid if your DH wanted to throw away money to help him try to avoid a well deserved ban.

He knew exactly what he was doing and does it regularly. Pretty despicable, frankly. And he'll continue to do it if he gets away with it.

Your FIL won’t avoid a ban , it’s mandatory for drink driving so he’ll be wasting his money on a solicitor. He’s getting confused with an exceptional hardship plea for totting up points
As for needing his licence to drive his DMIL about, he should have thought about that before he went behind a wheel pissed . No sympathy

I wasn't saying he shouldn't have legal representation.

What I am saying is why should my premiums have to include pieces of shit like this trying to escape the consequences of their actions ?

My bestie as a young teen ended up paralysed from the waist down due to a selfish arsehole like your father in law. He should know better.

He has no hope of fighting this regardless of his circumstances. He didnit and his test is irrefutable evidence that he will not get a not guilty verdict against. All he will achieve is a longer ban for trying to fight it.

If the care of his mum was so important to him then why would he put his licence at risk by DD? It's his fault and the consequences will be felt by them both, sadly. Absolutely do not give him any money to defend his case as it is pointless. He'll have to make do with working out bus routes so he can get to his mum's. What a dickhead.

Not sure a piss head should be in charge of a vulnerable old lady.

He's right in that it is a nanny state. Being neurotic over your speed has caused more accidents than it's ever prevented. But he's dead wrong with the drink-driving, he should have the book thrown at him for that and hopefully that's what happens in court, the idiot. No disrespect to your FIL.

"...Being neurotic over your speed has caused more accidents than it's ever prevented" Source?

You know perfectly well that's not what I was saying. God, people can be dicks on here sometimes.

Well, the standard of care being provided for DGMIL due to his tightwaddery is a separate issue. He's an extremely stubborn man who won't take on anybody else's point of view, and sails close to the wind with a lot of things. It's getting worse as he ages.

Anyway, I am having some success persuading DH that we would be better off helping fund more home care for DGMIL than letting FIL have it.

As a PP has said, Drink Driving is what is known as a ‘strict liability’ issue. If you’re over the limit you get banned. There are a very few cases where a defence can be mounted but I doubt they would apply in your FIL’s case from what you have said. An aged and infirm relative will not make a ha'p'orth of difference and is not one of the very few cases.

Employing a lawyer would be a waste of money, in my view, and better spent on taxis (or as you have indicated, on care for your DGMIL). As the ban would likely be for at least 9 months (with the reduction if offer a DD Course) then he could sell his car, claim back tax and unused insurance and use taxis. He’d be well advised to get used to buses and taxis because his insurance, if he gets another car, at the end of his ban will go through the roof and the money might be better spent on public transport.

If he is in danger of a custodial sentence (he can check with the Legal Adviser at Court), he can ask to be represented in Court by a Duty Solicitor.

Apologies if I sound less than sympathetic but like you and many others here I take a very dim view of drink drivers.

I despise drink drivers. 6 pints is a huge amount. Cunt

Get your own bank account OP

I presume you do not want to pay for other people's fuck ups?