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Legal matters

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Family member in trouble and I don't know how serious it is likely to get

7 replies

muddiecuddles · 08/09/2019 20:34

My SIL (DH's sister) has been having a tough time recently and she had a car accident while drunk. She was also apparently texting. She crashed into a parked car and both cars were written off. She got a bump on her head but noone else was hurt thank God. It could have been so much worse.

From what I understand she wasn't breathalysed at the scene by the police, and had no blood taken at the hospital, but a urine test confirmed that she was over the legal limit of alcohol.

It is such a sensitive subject and DH finds it hard to talk about it. He is so upset and disappointed in her. But she has young children and responsibilities and I have no idea how best to support her or him.

I'm just wondering if anyone with a legal background could give me an idea of what is likely to happen and what the best / worst outcomes in cases like this are. Thanks Sad

OP posts:
muddiecuddles · 08/09/2019 20:35

I should add that when I say best outcome I mean for her, legally, in terms of sentencing. She is seeking help and counselling for her alcohol addiction.

OP posts:
Chista · 08/09/2019 20:37

How many times over the limit was she? Its likely s driving ban, fine and maybe an ATR

muddiecuddles · 08/09/2019 20:41

I don't know how much over the limit she was. What's an ATR? (sorry)

OP posts:
prh47bridge · 08/09/2019 20:47

Without knowing the actual urine reading it is impossible to predict what she might get for that. It could be anything from a fine and 12 months disqualification up to 6 months in prison (which might be suspended) and 3 years disqualification. That assumes this is a first offence.

The penalty for using a mobile phone while driving is a fine of £200 and 6 points. However, she could be charged with driving without due care and attention in which case, on the information you have given, I would expect her to get a band C fine (150% of weekly income) plus either a disqualification or 7-9 points.

imalrightjack · 08/09/2019 20:51

She won't go to prison, but she will lose her licence and get a hefty five.

Chista · 08/09/2019 20:57

ATR is an Alcohol Treatment Requirement that the courts sometimes sentence offenders to if part of their plea is an alcohol addiction. It involves engaging with an alcohol programme with a local alcohol service.
Again it depends on reading and circumstances.

stucknoue · 08/09/2019 21:02

Based purely on my friends ex, he lost his licence for 12 months and paid a £1000 or so fine, he also had 6 points on his licence when he got it back the first time, the second time he was sent to prison for 6 months but that was because he hit and ran, third time he killed him self - car vs tree, lovely chap as you can tell

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