[News] Drink Driving

[Lenny Rider]

Is drink driving one of those charges that you are already technically guilty before even appearing in court by the fact you've failed either a breath or blood test?

 

[British Bulldog]

You would imagine so? depends who you are I guess?

 

[Nathan]

Depends how rich/famous you are.

 

[Westdene Seagull]

One has to ask ....... why you asking ? Is it for a 'friend' ?

 

[Simster]

Is drink driving one of those charges that you are already technically guilty before even appearing in court by the fact you've failed either a breath or blood test?

Seriously, what do you think?

Unless there is a chance the samples were messed up, I can't see it any other way.

 

[beorhthelm]

interesting question and probably yes. think many motoring offenses dispense with "innocent till proven guilty", you go to court to prove some exception, excuse, mistaken identity, or plead circumstances for leniency.

 

[Gwylan]

interesting question and probably yes. think many motoring offenses dispense with "innocent till proven guilty", you go to court to prove some exception, excuse, mistaken identity, or plead circumstances for leniency.

There are quite a few loopholes for lawyers to exploit

http://drinkdriveso.wpengine.com/avoiding-a-ban/defences/

Having said that, the only person who I know personally who has been banned for drink driving is a lawyer, so it's probably not easy to get off

 

[Lush]

There are quite a few loopholes for lawyers to exploit

http://drinkdriveso.wpengine.com/avoiding-a-ban/defences/

Having said that, the only person who I know personally who has been banned for drink driving is a lawyer, so it's probably not easy to get off

And quite rightly, IMHO.

 

[Bold Seagull]

The 'Whisky Mouthwash' defense

The 'Vodka Toothpaste' gambit

 

[Left Footer]

I'm guessing this is related to Katie Price who is denying her drink driving charge in court?

She`s got some front.

 

[Tim Over Whelmed]

To be fair she just wants to get this off her chest

 

[John Byrnes Mullet]

She only drank a bottle of Harvey's. Let Katie Off.

 

[southstandandy]

I absolutely loathe anyone who does this. Had a sister killed by a drink driver 20 years ago - got 4 years and was out in 16 months. There is NO excuse.

 

[Thunder Bolt]

The 'Whisky Mouthwash' defense

The 'Vodka Toothpaste' gambit

My drink was spiked by a 'mate' is one excuse. As if a mate would put a double in your lemonade and then watch you drive out of the car park.

 

[Herr Tubthumper]

Is drink driving one of those charges that you are already technically guilty before even appearing in court by the fact you've failed either a breath or blood test?

Dunno mate. But this thread of mine might be useful to you when the ban starts.

https://nortr3nixy.nimpr.uk/showthread.php?368583-Brighton-Taxis-App/page3

 

[Lenny Rider]

I'm not referring to any specific individual, but if anyone was arrogant or thick enough to plead not guilty in order to get a full trial and attract the media coverage that clearly it would bring, when or if they do get found guilty the Judge makes them pay the maximum amount of costs, then again if someone's allegedly on the verge of bankruptcy would they get legal aid for this sort of thing?

 

[Pretty pink fairy]

https://youtu.be/14b-BASNVdI
regards
DR

 

[happypig]

I'm not referring to any specific individual, but if anyone was arrogant or thick enough to plead not guilty in order to get a full trial and attract the media coverage that clearly it would bring, when or if they do get found guilty the Judge makes them pay the maximum amount of costs, then again if someone's allegedly on the verge of bankruptcy would they get legal aid for this sort of thing?

If you please guilty at the first opportunity, you are entitled to a discount for an early plea (usually a third). This would come off the fine (or community penalty/imprisonment) and the length of disqualification, which is set down in law and is dependent on the reading of alcohol in breath/blood/urine.
You are also entitled, if pleading, or found, guilty to go on the drink driver rehabilitation program which reduces the length of your disqualification by 25%.
If found guilty after a full trial, prosecution will ask for much higher costs, to reflect the extra time spent on the case; when I was doing it it was, IIRC, £80 costs if pleading guilty and £400 if found guilty after a trial (there is, of course, nothing to pay if found not guilty).
I can only remember sitting on one trial for Excess Alcohol and his argument was he'd hit a car, driven home and between arriving and the police turning up 25 minutes later to arrest him, had downed four or five cans of cider.

As for legal aid, very unlikely to get it but you are entitled to free advice at the police station and can usually get a word with the duty solicitor at court if there is one.

 

[BensGrandad]

Is drink driving one of those charges that you are already technically guilty before even appearing in court by the fact you've failed either a breath or blood test?

It is also the only offence that you could commit without knowing that you were. To explain you could be out drinking and watching the match in a pub this evening and get a taxi home there isnt a person alive who can tell you when without taking another test you are guaranteed to be under the limit to drive tomorrow. Many people have ideas of sleep etc but nobody can GUARANTEE when.,

 

[Doonhamer7]

We made a big point in our safety moments at work before Xmas in emphasising the time in takes to get alcohol out of the system and be safe to drive. I think if you have 4 pints of Stella between 9 and 11pm - it’s up to midday before your alcohol free. Partly because beer / lager is now generally 3-4 units per pint as alcohol levels are much higher than the 3%. I expect a lot of us have not fully thought this through when driving the next day.

Anyone as far as I’m concerned there is no excuse and we should move to Scottish levels - with the new law no one I know has a pint and drives - big cultural change