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Original poster

DH Drink Driving and legal representation

71 replies

HoneywithLemon · 21/04/2015 09:40

DH crashed and wrote off the car last week. He had been drinking in the early evening and was found to be just over the limit (143 and 144 were his readings at the police station).

He is looking at getting legal representation in court. I was wondering (a) how much he might expect to pay and (b) whether he needs a barrister or will a solicitor suffice?

He's had some quotes, the lowest of which was £600 and the highest £1000 (the latter with barrister, not sure about the others).

He can expect a ban of at least a year (reduced to 9 months if he attends a DD awareness course), and a fine, but the accident (which involved no one else, thank goodness) is an "aggravating factor" which may increase the severity of his sentence.

OP posts:
Original poster
HoneywithLemon · 21/04/2015 14:27

We aren't absolutely reliant on him being able to drive but I will obviously have to do 100% of the driving for as long as the ban lasts, which will make things mildly to moderately difficult. Also, he is self-employed, and a prolonged ban will affect his chances of employment which will obviously affect us all.

Believe me, he is genuinely remorseful and realises the impact of his actions, not least on his marriage.

Whilst I have huge sympathy for anyone affected by drink driving I don't appreciate some of the posts here. I wasn't drink driving - I was not the perpetrator, and myself and my children will be adversely affected by DH's selfishness and recklessness. I've come here for advice on legal matters only and not a lecture, thank you.

OP posts:
Original poster
HoneywithLemon · 21/04/2015 14:32

AuntieDee His work is 60 miles from where we live and not in a town centre location, so a ban makes getting to work difficult and expensive for him. I don't know if that will be considered. If his ban was more than the 9 months (with the course), he would have to look at trying to get a job closer to home. I don't think he'll be able to sustain getting to work on public transport/lifts from other people for long.

From the point of view of me and the children, I'm just thinking that I will have to do all of the driving - holidays, trips to visit family etc, as well as the daily trips around town. In terms of longer term effects, he won't be able to drive a hire car abroad etc (thought this isn't something a court will care about - fits firmly into the first world problems category!).

OP posts:
YesIDidMeanToBeSoRudeActually · 21/04/2015 14:34

Maybe if you'd started with the fact he was "genuinely remorseful" instead of making it sounds as though he was trying too wriggle out of it...just over, police not following procedure etc...

He should accept his punishment for being a totally irresponsible selfish twat but I'm sorry for you and the DC.

There are no excuses for drink driving so I wouldnt fork out for legal representation. Use it for taxis for you and the DC instead. I hope he is off the road for as long as possible, and that he receives the maximum fine.

Wilding · 21/04/2015 14:40

I'm a magistrate - if he is pleading guilty, and has no previous I would be inclined to just give the standard 12 month ban (with the driving awareness course reduction, as you mentioned) but of course every bench is different and with the crash, as you say, the magistrates you get on the day may decide on a longer ban.

In terms of legal representation, it can make things move along more smoothly with a lawyer as obviously they will know when to speak etc but if you are worried about the money and your husband is articulate and well-presented it probably won't make that much difference to the outcome. Legal representation is much more important if pleading not guilty or if he is worried about his ability to speak for himself.

If he does decide to represent himself he will just need to say that he was stupid, that this was a one-off incident, express his remorse, say he knows how serious it could have been, make it very clear he will not be doing it ever again and mention that it will make things difficult for you as the sole driver of your family. This should just be a short mention though as if he goes on about it the bench will just be sitting there thinking 'well you should have thought of that, shouldn't you...'

Also make sure he takes his licence (both parts) to court as he will need to give them up once sentenced.

Redglitter · 21/04/2015 14:44

I can't for the life of me see why him not going to hospital is in anyway relevant. Unless it's a lawyer trying to convince you to use them

YesIDidMeanToBeSoRudeActually · 21/04/2015 14:47

Op, will there be any repercussions from his employer?

YesIDidMeanToBeSoRudeActually · 21/04/2015 14:49

Sorry I see he is self employed. Insurance wise though, will this affect his self employment?

ThinkIveBeenHacked · 21/04/2015 14:51

You doing all the driving is not a hardship, OP, my DH doesnt drive so I do all the driving in this household.

What I wouldnt be doing in your shoes is giving DH a lift anywhere - its his idiotic fault he will get a ban, he is incredibly lucky that no-one came to any harm.

Original poster
HoneywithLemon · 21/04/2015 15:51

YesIdidmeantobesorude no one is trying to wriggle out of anything. I wanted to give the full picture that's all. The fact that it's a first offence, his licence is clean, he was just over the limit (and in the first band for sentencing) will all be relevant as will the fact he crashed the car. He's not thinking of hiring a solicitor so he can get off, but because he knows that sentencing is at the discretion of the magistrate and he doesn't want to make things a lot worse than they need be.

Speaking to solicitors is difficult - they all want to make money after all.

I've come to mumsnet because I want to know how to advise him and I don't want to be blamed for saying no to a solicitor if in the end he gets a heavier sentence without one.

OP posts:
Original poster
HoneywithLemon · 21/04/2015 15:53

And I don't know about repercussions from his employer - he hasn't told them yet. He has a good record with them and he is good at his job. Hopefully it will be ok otherwise we are really in the shit.

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Original poster
HoneywithLemon · 21/04/2015 15:56

Thanks Wilding that's very helpful. I think he can represent himself adequately though he did say he was frightened of saying the wrong thing. I think less is more is the key thing in that respect.

OP posts:
Lonecatwithkitten · 21/04/2015 16:30

You do need to prepare yourself for how bad this could be.
ExH got caught DD a little more over the limit than your DH, but had not had an accident.
He lost his licence for 17months (reduced to 12 months 3 weeks and 2days by course). He then lost his job, many companies have DD as gross misconduct.
All of this was with a Barrister some benches have a no compromise approach.

YesIDidMeanToBeSoRudeActually · 21/04/2015 16:36

Im not sure about his employment status if he has an "employer" rather than self employment but he needs to find this out ASAP.. Last year my colleague got dismissed for a drink driving conviction, the employer's insurance would not cover her (motor and PI). She was dismissed under "gross misconduct" as well.

It's just a shame it affects you and the DC so massively and punishes you for his fuck up.

catontherun · 21/04/2015 16:38

His employer ? I though you said he was self-employed ?

Better get this straight before he's up in court.

LaurieFairyCake · 21/04/2015 16:41

How is he going to get to work?

Original poster
HoneywithLemon · 21/04/2015 16:46

He's self-employed as he is an IT contractor. He doesn't know what will happen if he disclosed this to the place where he is working right now. He doesn't have to drive as part of his job, just to get there from home (60 miles). It's hard to find out if the company would fire him without telling the truth. The police haven't told them. I think he's happy to tell the court he's a self-employed IT contractor without telling them who is working for atm if he can avoid it. I guess there's a chance that a report might appear in the local paper.

OP posts:
Reluctantlandlord · 21/04/2015 16:47

My mother was killed by a driver 'just' over the limit. She was crossing a zebra crossing full of excitement at visiting me and her granddaughter I had just given birth to. So personally I really hope it does fuck up his journey to work. Make it horrendously expensive and inconvenient and causes him lasting damage in the way drink driving has caused my family everlasting damage. The only thing that separates the bastard that killed my mother and your husband is a tiny bit of luck.
Next time you cross a zebra crossing with your kids, think about my mother and imagine what could happen to them if someone 'just' over the limit was driving towards them.

quietlysuggests · 21/04/2015 16:49

This reply has been deleted

Message withdrawn at poster's request.

Reluctantlandlord · 21/04/2015 16:52

Angry at quietly
Because that's what we should be aiming for with regards people who actively put other peoples lives in danger through their own selfish actions.

Original poster
HoneywithLemon · 21/04/2015 16:56

Reluctantlandlord

My deepest sympathy regarding your poor mother.

However, I am asking perfectly legitimate questions about how the shitty, irresponsible, selfish and thoughtless behaviour of the cretin who I am married to, and who is the father of my children will affect me and my children. It's not about him, it's about me - my money, my freedom, my state of mind at the end of the day. Leave me alone - you are making things worse. Tell me to LTB if you want, but don't lecture me when I'm not the drunk driver and I'm not trying to condone his actions or ask for sympathy or mitigation.

OP posts:
Reluctantlandlord · 21/04/2015 17:06

I'm not lecturing you. But your posts come across as it all being about how this affects your family emotionally and financially. I just wondered if you'd feel the same if he'd killed someone as it's only luck that he didn't.
And I wondered if a drunk driver mowed your child down on a zebra crossing whether you'd be concerned about what a pain it would be for the driver to get to work after his ban.
But don't worry, I'll leave you to your concerns regarding your husbands awkward commute.

Original poster
HoneywithLemon · 21/04/2015 17:26

If he had killed someone this would be a different thread entirely, wouldn't it?

You don't know me or what I am thinking and feeling. No one has died, thankfully, but you try having all this stress and worry when you have done nothing wrong yourself. None of this is my fault and I came to mumsnet for practical advice and perhaps a bit of support for me as the wife of an idiot. Not happy with the DD laws speak to your MP.

Of course I'm concerned about myself and my children, we have done nothing wrong and we are going to feel the effects of this for a long time. Can't you see the difference? I hope you never have the misfortune of having your husband attempt to fuck up your life, because if DH did lose his job, then that's what would happen. Forgive me for being angry about that - but I am, because none of this was my fault.

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Redglitter · 21/04/2015 17:31

Great suggestion there quietly that would be a great result. What the hell is he going to learn from that apart from he can flaunt basic laws and get away with it. Next time he might not be so lucky as to just get arrested

OP the police won't contact his employer

Lonecatwithkitten · 21/04/2015 17:37

He needs thoroughly check his contract. Whilst Ex's company had DD as gross misconduct I know he might have kept is job if he had told the truth, but failure to disclose was also listed as gross misconduct - a case of two strikes and you are out.
He needs to scour his contract to be certain what his obligations are to inform them.
I do have sympathy with you whilst he is my Ex his actions totally f***d up my life as we have a child.

YesIDidMeanToBeSoRudeActually · 21/04/2015 17:41

The person you should be angry at OP, is your DH.

Unfortunately as drink driving has affected so many people so badly, there will be a lot of similar responses in RL and I think you should be prepared for this. I actually think that yes, you should be angry, but direct this at your DH. He seems to have his head in the sand a bit, these things do come out particularly if reported in the local press or you live in a small community.

It does sound as though he, and at the beginning if this thread, you also, were trying to excuse/minimise it which naturally upsets people. The least he can do is own, and accept, the consequences of his action.

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