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Relationships

DH has been charged

73 replies

charlieblue · 01/05/2009 21:05

For driving over the limit on the way home from work. He is absolutely adamant he only had one pint but to make matters worse the reason they stopped him was that he was using his mobile. Total bloody idiot.

I don't know what to do. He'll lose his licence won't he and then what about his job? I'm torn between being furious and desperately upset - this could ruin everything.

What on earth do we do

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Greensleeves · 01/05/2009 21:57

for you charlieblue, it's an awful thing to happen

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charlieblue · 01/05/2009 21:57

shit, shit, shit. This is really hitting me now I'm in tears and have just spoken to him and he's the same. God knows where this leaves us, I can't believe he's been so stupid

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charlieblue · 01/05/2009 22:01

Even buggered up my postings!

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Greensleeves · 01/05/2009 22:02

I don't think you should allow yourself to make any big decisions about him right now, you're in shock and need time to calm down.

Sorry I can't think of anything useful to say

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poshwellies · 01/05/2009 22:03

My dh was stupid and was caught drink driving (2 pints),this was 9 years ago.He got a 9 mth ban as he took the rehab/drink driving course-not sure if this is still up and running.

Be prepared to have your life fecked up for sometime-my dh worked abroad too,it totally screwed us up for those months.

He learnt his lesson the hard way.

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charlieblue · 01/05/2009 22:07

What happened afterwards when he got his licence back - does it make getting insurance difficult etc? Presumably it means a criminal record

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chipkid · 01/05/2009 22:10

yes it will affect his insurance premium and yes he will have a criminal record. I am sorry to say

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poshwellies · 01/05/2009 22:14

Yes it does,his insurance will be much higher-the DD (drink driving)will stay on his driving license for 7 years.You won't be able to rent a van or a car here or most countries abroad for a longtime.

Dh got offered a job in Canada and his DD would of effected our chances of entering the country,so he didn't take it.

And yes,he now has criminal record and your dh has to declare if applying for jobs etc.

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SalVolatile · 01/05/2009 22:18

Charlieblue, I am a JP so can help with your questions . For being over the limit at 48 in breath he will get a 12 month ban and a fine. For the mobile offence he will get a fine and his licence endorsed with the offence. If he completes the DVLA Drink Impaired Drivers course he will reduce his ban by up to 25%. There is a seperate fee payable for the course. Any fine has to be means tested: plus he will have to pay a compulsory £15 victim surcharge and may be ordered to pay all, or some of the prosection costs (around £60 in this area). If he asks for time to pay in installments he will be given it.

Special reasons not to disqualify are very, very rare and on the face of what you have posted, do not apply here. If it helps, with that low a reading, yes it is possible that he had only one pint: most people underestimate the strength of modern beer and lager.

Hope this helps...

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poshwellies · 01/05/2009 22:19

My dh's fine was £400 btw.

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charlieblue · 01/05/2009 22:20

It does actually as we need to be clear what we're dealing with. Is the DVLA course always offered?

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kylesmyloveheart · 01/05/2009 22:22

thats shocking that you can be over the limit with one pint. i am sure the majority of people would think you would be ok.

maybe there is a reason for having a law whereby you have nothing to drink at all if you are driving. at least then everyone can be measured the same IYSWIM.

its late now and your feeling so emotional. try to sleep on it. things will seem better in the morning x

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SomeGuy · 01/05/2009 22:25

the DVLA course will not always be offered. And it's only 25% off. It's still a fuck-up.

Still not sure if/why you're talking about ditching him for this. Doesn't seem like a reasonable response to me.

Like I said, pepipoo will help you.

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hf128219 · 01/05/2009 22:27

Yes it's bad - and sad - but it's not the end of the world. Everyone is OK.

x

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charlieblue · 01/05/2009 22:27

Won't ditch him for this, just utterly pissed off. Thanks all - he's due home any minute so will need to head off now. Thanks again

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poshwellies · 01/05/2009 22:28

Good luck Charlie.

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SalVolatile · 01/05/2009 22:29

Charlieblue, YES, the DVLA course MUST be offered to those pleading guilty to this offence for the first time. IT MAY be offered to those who get caught again, but practice varies from area to area. However, your DH either needs his solicitor to mention it to make sure the magistrates remember to offer it, or he needs to ask himself if it is not mentioned to him. In our area the court usher will give all defendants an explanatory leaflet when they arrive at court.

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tigerdriver · 01/05/2009 22:34

don't know the details but there is a lawyer called (I think) Nick Freeman, who is also known as Mr Loophole, who deals with driving cases. I should try to get in touch with him, Pepipoo is good on speeding but not sure if it deals with dd. If he really did only have 1 pint - and he might be sparing you the full story here - then IME it would be surprising unless it was a pint of scrumpy that he'd be over the limit. at least get in touch with Mr Loophole, you might get some help.

To save being flamed, no I am not condoning drink driving but if this wasn't dd, he shouldn't be punished for it.

Berk to be on his phone though. that's a hanging offence in my book.

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SomeGuy · 01/05/2009 22:38

Yes Pepipoo has a lot of d/d posts. Nick Freeman is quite expensive and if things are straight forward there might not be any need to fork out the cash.

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poshwellies · 01/05/2009 22:40

It doesn't matter does it,he was over the limit whatever he drank ,1 pint or 10 pints.

So he was over the limit and on a mobile phone.Offences end of.

He'll learn now NOT to drink any alcohol and drive.

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tigerdriver · 01/05/2009 22:42

he might give some free advice though, if you can blag a few minutes with him. Most lawyers will have a chat (not necessarily a "free half hour" - I wouldn't do that) before getting formal. If I were in this boat, I'd call him before anyone else TBH. If your Dh isn't fibbing re the intake (and that might be a big if) then this must be a marginal case. One pint of mid sized beer shouldn't tip him over, unless he was already compromised - lunchtime, night before, etc. It's night before that worries me.

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HolyGuacamole · 01/05/2009 22:44

He will learn his lesson over this and TBH probably needs a bit of support, as you do too. Understandable that you're angry but TBH it doesn't sound as if he is the type to take chances.

On the very odd occasion, my DH will have a pint with his dinner if we are out for a meal. He would NEVER EVER drive after having more than a pint, in those circumstances we would dump the car and take taxis. However, I told him about your story and he won't be having a pint again when driving! My DH would lose his job immediately, his job doesn't involve driving at all but they have a zero tolerance alcohol limit.

I know someone who was killed by a driver talking on a mobile phone and I have no tolerance for people chatting on phones whilst driving

I don't say that to make you feel worse, in fact the contrary - your DH has been VERY lucky when you consider both situations. I know it is bad, really bad and you shouldn't have to be dealing with this stress....but, perspective, nobody got hurt, he never got hurt and he will still keep his job....albeit with more difficulty in terms of being able to drive there.

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nigglewiggle · 01/05/2009 22:50

If he blew 48 then he should have been offered the opportunity to provide a blood or urine sample (which you are offered if you blow under 50 micg). Did he refuse or has he done this and been bailed. Or, has his blood/urine result come back over?

FWIW you would not even blow 48 with one pint, if he has been charged straight off, then he has blown over 48! He should have been offered printout of his reading.

This probably doesn't help you to come to terms with what has happened, but I think you should understand the process.

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tigerdriver · 01/05/2009 22:51

also, unless his job is one where dd will bring into disrepute (not really that many), there are lots of strategies you can use - eg how to get to work, what if he has to go somewhere for work, etc. As so many of us drive, it is unusual for someone not to be able to drive for work but I used to work with someone who just wouldnt if she had to go somewhere for work and would insist on public transport. I just signed off her exes and thought how silly - she has wasted hours of her life on a train. so there are ways of doing it.

but try to get off the dd hook if poss.

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kylesmyloveheart · 01/05/2009 23:00

how can you say it might not be drink driving - he blew over the legal limit of 35 - so he was drink driving. reagrdless of now much or now little or even when he drank it.

i've never read anywhere that you can have one pint and then drive and if caught over the legal limit its not drink driving.

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