DH has been charged

[charlieblue]

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

[nigglewiggle]

It does sound to me like he has been rather economical with the truth. Perhaps he needs to face up to things rather than look for a legal loophole to "get off."

Have sympathy for OP though.

[tigerdriver]

Kyles the meter might not be accurate? the procedure might not have been right? etc etc.

It seems to me that one pint, without any residual alcohol from lunch or the night before, is a bit surprising for a man, or frankly an average sized woman to take them over the limit. of course meds, food etc etc make a difference. If you're over, you're over. I agree with all of that.

But

If you're marginally over, and you're not actually hurting anyone, should you get a ban? In this case the OP's husband was probably stopped for using his phone. Quite right too - that is really dangerous. the dd limit is arbitary. if in fact the test might be compromised, then, for goodness sake check it out.

If you are worried about rabid drink drivers:

real dds won't care two hoots about this

if you live in the country, many people will dd on a minor and completely innocuous scale so they have a social life. not trying to justify the 17 yo with 10 pints under his belt, but a man whose drunk one pint of reasonable strength beer isn't going to be more of a menace on the road than the frazzled school run mum with no booze and three fractious kids. IMO

[kylesmyloveheart]

yes but isnt that why they would/should have offered him a urine/blood/another reading if it was uder 50. to check for these things?

[nigglewiggle]

The limit is there for a reason, it isn't arbitrary. You are not charged unless you are beyond the legal limit, so there is some "grace" given.

You are not "actually hurting anyone" because you have been stopped before it could have happened - that is a very silly argument IMO.

Deciding to drink and drive is a conscious decision, whereas being momentarily distracted by a child is largely beyond your control. Having said that you could still be guilty of certain driving offences. Another silly argument.

Sorry tiger but I diagree with most of what you say.

[kylesmyloveheart]

have to also say my friends grand parents were smashed though a car showroom glass window by a drink driver so IMO dont have one of your driving.

the repercussions it had on her family her horrific. the mum started taking drugs, dad went to prison, children taking drugs. the list was endless. it ripped the family apart.

also people drink for different reasons - usually though to relax. well if even one is going to do this why bother - you need to be as alert as poss.

[MarmadukeScarlet]

'If you're marginally over, and you're not actually hurting anyone'

No, luckily he didn't actually hurt anyone, but he was over the limit and talking on his phone - an accident waiting to happen.

[tigerdriver]

well IMO he should still try to get some advice on this. I think he's been economical with the actualite, but if not - or even if he has - he might as well see if there is any scope for getting off the hook, I can tell you I would.

If he's really dd, then fair enough. If it's marginal, and he can get out of it, I bet he'll never ever touch a drop again if he drives. and that is what we want. Hope he gets sent down for the phone though.

[SomeGuy]

Hope he gets sent down for the phone though.

People are not 'sent down' for using a mobile phone while driving.

They get 3 points.

[ladyjaney]

just to add, my husband was found asleep (obviously had driven car, but not sure they could prove) in his car. He was charged with being in charge of a vehicle whilst under the influence.
He received 10 points, so escaped a ban. However, insurance costs for this type of thing go through the roof,costs thousands for dh now, and the points have to stay for 10 years I think.
I think as he was actually driving he will get a ban without doubt.

[FabulousBakerGirl]

I feel sorry for you, charlieblue, but most prople don't have points for speeding, most people drive sensibly. Your DH has taken a decision to have a drink and then drive as well as using his phone. He is very lucky he didn't kill anyone.

I think it should be illegal to drive after drinking any alcohol as it clearly effects people in different ways and whose to say that one drink won't set off a chain of events.

[shhhh]

may be worth trying to contact "mr loophole" Nick Freeman.
If you are not aware, he's the lawyer who is usually taken on by celebs' who have got stopped DD or speeding.

He will be able to see if there is anyway he can get your dh off the charge etc..
He isn't cheap but if you are desperate.....

[charlieblue]

Finally managed to get back on line. The last 24 hrs have been a nightmare. He's still adamant that he only had the one,and actually his level dropped to 34 really quickly when he was being held so they released him allowed him to drive home. Think I had 2 hours sleep last night.

He's totally accepting what he wrong and prepared to take the penalty for it, he's just totally ashamed and embarassed. There do seem to be some issues on the process followed, particularly the way he was told about blood/urine tests ie it would take hours to arrange and he ended up declining this not realising til today that this was probably the wrong thing to do.

Lawyer first thing on Tuesday.

[SomeGuy]

I feel sorry for you, charlieblue, but most prople don't have points for speeding, most people drive sensibly.

Not sure about that:

"Speed cameras have helped to send the number of drivers with penalty points on their licence soaring, a major survey reveals today. Forty-two per cent now have points, compared to 29 per cent in 2003. And the figure rises to 48 per cent among those aged 41 to 50. "

That was in May 2005

It's quite possibly 'most' by now.

[nappyaddict]

He will get a 12 month ban for being over the limit but if he agrees to go to special classes then they will reduce it to 9 months.

[charlieblue]

The 9 months seem to be our best hope at the moment - court appearance is a couple of weeks away so at least it won't drag on. God knows how he'll explain it to DD

[norksinmywaistband]

IME breath tests can be inaccurate. Dh has been stopped on a couple of occasions, And breath tested, on one occasion he was told by the PO that he was very lucky and he was just under the red reading.
This is laughable as DH is teetotal, will not eat or drink anything prepared with alcohol( has a hissy fit if I put a splash of wine in at the beginning of a risotto as he can taste it, therefore not a chance he accidentally ingested it.)

His breath has never registered as 0 in the 3 times he has been tested.

BTW I do not condone DD but would never say accept the breath test without blood test proof, unless you realise that you are guilty

[scoutandjem]

My DH was banned for DD. They locked him in cell for night and wouldn't let him phone me, I got no sleep that night. He was nearly 3 x over limit. We went to court and he v nearly ended up in jail. What helped were testimonials from boss, godfather (not mafia type!) and karate instructor (he volunteers there). Judges did say they made real difference. Think minimum ban is one year, he got almost three - reduced as he attended anti DD classes every sunday for a month. Just spoke to DH and found out he does have criminal record!!!! However as its a driving one not so serious, perhaps if you wanted to be a teacher though. Did take me a while to get over it plus I had to do all the driving while he could get pissed up at weddings/parties we attended - some punishment for him!! Good luck! ps no point paying huge amount for lawyer as if they have done breath test and over the limit nothing he/she says will make any difference.

[nigglewiggle]

I thoroughly agree with scout. I'm afraid the procedure is very tight due to the fact that many people have tried to wriggle out of convictions on technicalities over the years. As the loopholes have been exploited, they have been closed. There is therefore very little hope for your DH.

The only thing that would concern me is if he has been dissuaded from providing a blood/urine sample. This should not have happened.

However I am a little about the accounts that partners have given about the procedures, because, I know the process rather well and I tend to suspect that some are being rather economical with the truth. Some of the accounts don't make sense. I imagine they are trying to make a bad situation seem a bit better.

If he did indeed blow between 40 and 50 and was advised not to request a further sample then I suggest he consults a solicitor and makes a formal complaint.

I don't have any sympathy for drink drivers, but I have sympathy for you and the rest of your family and if he hasn't been afforded his full rights then he should pursue it.

[ErnestTheBavarian]

Any news Charlieblue? When's your dh's hearing? Has he not been able to drive the last couple of weeks? How are you coping?

[geekgirl]

just to chip in (another JP here) - all this stuff about him only having one pint, not eaten all day etc. is the kind of thing magistrates hear all day - it's really not going to impress anyone. Most drink drivers in court seem to only have had one pint and no food..... It's not a very original argument.

[SOLOisMeredithGrey]

I could be wrong here, but IIRC, 1 pint of beer/lager etc is over the limit. People assume that 1 pint is safe, but I think generally it is not.
People have different bodies, so cope with alcohol in different ways too, not to mention the different strengths of the drinks.

[MorrisZapp]

This is tough and I do sympathise, but in the long term it will be a benefit.

My DP used to speed quite merrily, despite my moaning and attempts to reason with him. He then got snapped by a camera, points on his license and totally crapped himself as he needs to drive for his job.

He doesn't speed now - he has learned that he has too much to lose.

Your DH will feel like crap about this for a while but nobody got hurt, and the ban won't last forever. In the future, he'll be a much more responsible and safe driver.