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DP caught Drink Driving [angry] the following day after a night out - any experience?

33 replies

annonamoose · 11/06/2008 12:03

Regular mumsnetter changing my name due to shame!

DP (not so dear right nowwas stopped saturday morning following a night out with the "lads" on the friday - he was breathalised (SP) and was found to be over the limit.

Theres no excuse and I am beyong mad, but he genuinely did think he was ok to drive and I guess its just the luck of the drawer, however, he's lucky he is just facing a fine and ban and not a Death by Dangerour driving whilst over the limit van imo.

However, his job description says that he must have a driving license in order to able to travel to other sites within the organisation, so he could face losing his job to. One of the managers was out with him that evening and he has said that he will write to the court to explain that but will they really take it in to consideration? DP also helps take my children (they are not his) to nursery/school etc.

I just really am looking for any advice if anyone has any knowledge or experience of this - will the court take in to to consideration? Where do we right, do we just take the letters with us? or do we need a solicitor? He is totally devestated and ashamed and its also v v v out of character.

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annonamoose · 11/06/2008 12:04

sorry about the crap spelling and grammer, and i meant write not right!

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Miaou · 11/06/2008 12:06

I'm afraid I doubt they will take it into consideration. Dh was done for DD when sitting in a car park over the limit and lost his job as a result.

endymion · 11/06/2008 12:06

Oh dear.

To be honest I thought that if you are over the limit, you lose your license for a year at least, and that was that. No mitigation.

But someone may know different.

expatinscotland · 11/06/2008 12:09

The Highway Code states: 'In the case of serious offenses, such as dangerous driving and drink-driving, the court MUST order disqualification. The minimum period is 12 months . . . '

Although the table at the back states that penalty points assessed are 3-11 (if exceptionally not disqualified).

You need a solicitor.

FWIW, I hope they ban him.

I had a good friend who was killed by a drunk driver at the age of 22. Her lifestyle wasn't just compromised. She didn't lose her job.

She's dead.

annonamoose · 11/06/2008 12:12

I'm with you expat - thats why I said he's lucky to be facing a ban and fine rather than a prison sentence for causing some innocent persons death.

however, this wasnt a person who came out of a pub or party and got in a car, this is someone who paid £30 quid for a cab home, got up then enxt day, ate breakfast and then went out to the car with no reason to think that he was over the limit - A lesson to everyone I guess.

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Miaou · 11/06/2008 12:12

Dh got 18 month ban, lost his job, and got fined £300 (which was very hard to find as you can imagine). We were lucky we didn't lose our home too. We think it was fair though; he was over the limit. End of.

expatinscotland · 11/06/2008 12:13

It happens every day, anony. Was just featured on 'Traffic Cops' last week. Was the morning after. But the chap was still drunk.

FWIW, he was banned and lost his job.

annonamoose · 11/06/2008 12:14

christ how much was he over, they will accept a blood alcohol level of under 40, DP was 42.

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expatinscotland · 11/06/2008 12:14

The legal limit is 35.

annonamoose · 11/06/2008 12:16

what a total F88King nob - am glad I have my own house and pay for everything and don't rely on him for any money, seeing as it looks like he will get sacked, and have a criminal conviction on his licence for over 10 years

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katz · 11/06/2008 12:16

annon - can he talk to his employers explain the situation and say that he will shoulder any extra expense at getting between sites, he might be able to salvage his job if he comes up with a good way round losing the driving licence.

annonamoose · 11/06/2008 12:19

the thing is - in the 5 years he's worked there he has NEVER had to go to another site, and the other thing is, he is very very highly thought of as he always goes out of his way to help others. but...... he work in high secure circustances and is CRO checked every year......

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katz · 11/06/2008 12:24

that why i think going in and holding his hands up saying look i've done something really stupid, then he might just be able to save his job. I'd say do it sooner rather than later. better to deliver this news than it appear in the local paper

annonamoose · 11/06/2008 12:24

God - Local Paper

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annonamoose · 11/06/2008 12:26

he was advised by the manager not to go to his manager until he had been convicted?

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katz · 11/06/2008 12:26

its got to be possible, i've seen reports on drink driving charges in ours.

katz · 11/06/2008 12:27

but that would be a conviction not just charging.

whatdayisit · 11/06/2008 12:28

I don't think anything can be done to save his license, but the job is at his employer's discretion.

I work for a blue chip company and DD is gross misconduct and therefore, a sack-able offence. However, if it's someone they wouldn't want to lose, they make an exception, based on impeccable previous record etc. My boss was done a few years ago (should have gone to prison imo, as he was lucky not to have been caught earlier) but, he was a top performer sales wise, so he wasn't sacked. He did have to pay all his own taxi fares to get him where he needed to be to do his job though. I never saw him drink another drop, so at least it was a lesson learned.

annonamoose · 11/06/2008 12:28

but he has to go to the magistrates court and surely there he will be convicted (he is by the way going to plead guilty). Thought he had already been charged by the custond sergent at the police station?

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sorkycake · 11/06/2008 12:31

So sorry you & your family are going to have to live with the consequences of this.

I personally believe that any drink driving should result in an automatic 12 month ban, regardless of whether it was from the night before. There should be no extenuating circumstances.

mollysawally · 11/06/2008 12:32

He won't keep his licence.

My friend went to court and said he needed his car so he could still see his dd, he had to pick her up etc and he needed it for work. he was a delivery driver.

The solicitor told him he'd tell the judge those reasons but it wasn't worth it as he'd still lose his licence.

He was banned for a year, fined and it stays on your licence for 11 years, and its a criminal conviction now as well.

He done a drink driving course which reduced the ban from 1 year to 9 months.

His car insurance was astronomical when he did get his licence back and 4 years later he still cant hire a van/car as the hire companies won't let him.

mollysawally · 11/06/2008 12:33

And it was in the local paper

hf128219 · 11/06/2008 12:49

Minimum ban is 12 months - which can be reduced to 9 months if he attends a drink driving awareness course. Level of fine is based on income.

There are mitigating circumstances - it was the morning after i.e not a deliberate and all knowing action on his part.

What was his breath reading?

themildmanneredjanitor · 11/06/2008 12:51

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FioFio · 11/06/2008 12:54

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