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Legal Advise, drink driving :(

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Old 18-10-2006, 07:54 PM
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xxx
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Default Legal Advise, drink driving :(

Hi guys need your help please...

A friend of mine (honestly) went out in Sheffield last night. Stopped drinking at 1am and went to drive home at 8:00am. He crashed his car in the middle of sheffield, only a minor bump (no visible damage), was sorting insurance details out with the woman he hit (everyones fine) and a traffic warden comes up and says he has to call the police...

Anyway breath-tested and came up 51, apparently they prosecute ovr 40! Got arrested etc and is due in court next week

Right I know I/we cant condown what hes done but hes absolutly gutted, is there anything you can do/say to help the cause? Think hes facing a 12month ban yea???

Should he have been offered a blood test?

Cheers

Colin
Old 18-10-2006, 07:56 PM
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Serves the cunt right - there is simply NO EXCUSE for drink driving AT ALL. Absolutely NO sympathy and he deserves all he gets
Old 18-10-2006, 07:57 PM
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yep 100% agree! thought you might say that but was worth a try!

Btw can I have my gold members badge pls
Old 18-10-2006, 07:57 PM
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if they breath tested him and he was over the limit they should have taken a blood test as it is more accurate.

whos to stay that the breath tester was calibrated correctly
Old 18-10-2006, 07:57 PM
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Have to say fella, the fella ain't gonna get any sympathy or a 'get out' on here..................
Old 18-10-2006, 07:57 PM
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...never crash sober thats my motto.






Old 18-10-2006, 07:57 PM
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PM Pet and request your gold members badge

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Old 18-10-2006, 07:58 PM
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What Gracie said my bro was killed by a scumbag drunk driver
Old 18-10-2006, 07:59 PM
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Physio
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I think it's 30 or 35 they prosecute over not 40.

I'd say he's fucked.
Old 18-10-2006, 07:59 PM
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Originally Posted by ricky_3dr
What Gracie said my bro was killed by a scumbag drunk driver
I know full well how it hits a family - My Dad was run over by a pissed up taxi driver
Old 18-10-2006, 08:00 PM
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...my mate was also crippled by a drink driver...


BUT how many of us aint taken a risk or 2?..So please dont take the moral high ground here.


..its strange really as if you drive like a cunt doing 150mph on a public highway you get bigged up? WHAT THE FUCK IS THAT ALL ABOUT!
Old 18-10-2006, 08:00 PM
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Dont DD... Simple
Old 18-10-2006, 08:02 PM
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Originally Posted by Pennywise
Dont DD... Simple
Dont speed simple


What make DD worse than driving like a cunt sober?
Old 18-10-2006, 08:03 PM
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Originally Posted by Bosch-Man
Originally Posted by Pennywise
Dont DD... Simple
Dont speed simple


What make DD worse than driving like a cunt sober?
A fair point Phil........................
Old 18-10-2006, 08:04 PM
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ok cheers guys,

bosch man, when I posted the thread (wish I hadnt now lol) I was of that view, it was only a bit blar blar blar....

but after reading the comments I fully agree
Old 18-10-2006, 08:07 PM
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XXX we all do things we shouldnt...if your a repeat offender you should be shot...but if its this kids first time then lets give support we know it a stupid thing to do but hell we are got our vices...we aint all innocent.
Old 18-10-2006, 08:09 PM
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Legal limit is 37 mg.The police only prosecute at 40mg or over.My mate was 41 mg and they still done him.To the post above about WE ALL DO IT SOMETIMES.I can honestly say iv,e never DRINK & DROVE.Just not worth the risk to yourself or the public.He will get a 12 MONTH BAN ,but he can reduce this to 9 MONTHS if he attends a DRINK DRIVE AWARENESS COURSE.But stays on your licence for 10 YEARS.
Old 18-10-2006, 08:11 PM
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I'm not defending this bloke in anyway, but how many of you after a night in the pub have felt fine at 8am the next morning?

I definatly have, but I don't drive until the Afternoon out of principle.
Old 18-10-2006, 08:12 PM
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Originally Posted by mercury grey minter
Legal limit is 37 mg.The police only prosecute at 40mg or over.My mate was 41 mg and they still done him.To the post above about WE ALL DO IT SOMETIMES.I can honestly say iv,e never DRINK & DROVE.Just not worth the risk to yourself or the public.He will get a 12 MONTH BAN ,but he can reduce this to 9 MONTHS if he attends a DRINK DRIVE AWARENESS COURSE.But stays on your licence for 10 YEARS.
An honest question to you...have you ever driven at inappropiate speeds for the place you were in?
Old 18-10-2006, 08:13 PM
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I myself have never done it and until today neither had my mate,

mercury grey minter- cheers exactly the info I wanted!
Old 18-10-2006, 08:13 PM
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Originally Posted by YoungDan
I'm not defending this bloke in anyway, but how many of you after a night in the pub have felt fine at 8am the next morning?

I definatly have, but I don't drive until the Afternoon out of principle.
What a valid point
Old 18-10-2006, 08:15 PM
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Originally Posted by Bosch-Man
Originally Posted by mercury grey minter
Legal limit is 37 mg.The police only prosecute at 40mg or over.My mate was 41 mg and they still done him.To the post above about WE ALL DO IT SOMETIMES.I can honestly say iv,e never DRINK & DROVE.Just not worth the risk to yourself or the public.He will get a 12 MONTH BAN ,but he can reduce this to 9 MONTHS if he attends a DRINK DRIVE AWARENESS COURSE.But stays on your licence for 10 YEARS.
An honest question to you...have you ever driven at inappropiate speeds for the place you were in?
Were talking about DRINK DRIVING ,not speeding.
Old 18-10-2006, 08:15 PM
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Default Re: Legal Advise, drink driving :(

Originally Posted by xxx
Stopped drinking at 1am and went to drive home at 8:00am.
I aint defending the guy here but,
There is nothing written to say he had 1 pint or 10 pints,
And this is a morning after pull, not that it makes it any better but i think its more common as you may think your under.

How many who have posted and slated above /\ have had a few pints then driven the next morning?

Now i will offer a line of defence.
He should have had to have given a blood sample to verify, A good solicitor could use this in his favour.
Old 18-10-2006, 08:15 PM
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I notice a few of you are off to the Blackpool night out soon ...lets hope you practise what you preach!

Theres too many fecking band wagons recently
Old 18-10-2006, 08:18 PM
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The legal limit is 35, however, if you blow 40 or below then no further action is taken.

If you blow between 40-50 then you are offered the chance to have the breath sample replaced with a blood specimen.

Anything over 50 you are off to court.

Like minter states, looking at a 12month ban reduced to 9/10 months if he attends a drivk awareness course.
Old 18-10-2006, 08:25 PM
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Originally Posted by arch
The legal limit is 35, however, if you blow 40 or below then no further action is taken.

If you blow between 40-50 then you are offered the chance to have the breath sample replaced with a blood specimen.

Anything over 50 you are off to court.

Like minter states, looking at a 12month ban reduced to 9/10 months if he attends a drivk awareness course.
35,not 37. I stand corrected. Never been done ,saw what happens once on THE BILL.
Old 18-10-2006, 08:32 PM
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The counties will charge with 36 and over. Its the MET that will only charge over 40. As previous stated 40 - 50 is the blood option and he was 51.
Old 18-10-2006, 08:37 PM
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not only should he have been offered a blood test but he is entitled to half the sample so that he can have it independantly tested.
Old 18-10-2006, 08:41 PM
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it is difficult to say really. I have just taken my alcohol licence course for my store, and they say ON AVERAGE its an hour for each unit of alcohol to be got rid of in the body

Howver this does depend on how big/small a person is and what they had to eat before hand.

Now i dont know about you, but if i go out, i go out good and proper if i KNOW i havnt got to drive next day.

So, a pint of beer is 2 units. ok. So he last drank at 1am , he drove at 8am. We can conduce therefore that theres 7 hours between.

So now ya need a bit of maths here. If he had 7 units from 1am until 6am in theory he MAY just be okay.

So if by 8am he was done with 51 in him, he is almost nearly double the limit which i would now assume that at that point he must surely have had around 22 units by 1am which is 12 pints if that makes sense???

Either way je shud have realised. I am up at 630 , i leave at 7am. I have 8 pints at home?

Is that right or wrong?

Thers no right or wrong answer until the test is done. In therory maybe i am unable to drive in 16 hours time. But i have had dinner so that absorbs more alcohol, right.

THe more imprtant question is what time i STARTED to drink. And for your guyes to know it was 7pm. So i have 12 hours to absorb 16 units.

Im not defending anyone at all, and ye si know what its like to have sumone hurt by a dd, and hoepfully by what i am posting, may , possibly open a few eyes.

MORE importantly, who drives after a joint, or 2, or 3 o 5. Thats as bad.

https://passionford.com/forum/viewtopic.php?t=228007
Old 18-10-2006, 08:41 PM
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He could get more than a 12 month ban seeing as he was involved in an accident and hitting another car. I would think more likely 18 months, even if it's a first offence.
Old 18-10-2006, 08:52 PM
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Originally Posted by mercury grey minter
Originally Posted by arch
The legal limit is 35, however, if you blow 40 or below then no further action is taken.

If you blow between 40-50 then you are offered the chance to have the breath sample replaced with a blood specimen.

Anything over 50 you are off to court.

Like minter states, looking at a 12month ban reduced to 9/10 months if he attends a drivk awareness course.
35,not 37. I stand corrected. Never been done ,saw what happens once on THE BILL.
Arch aint off the bill....................... he IS the bill
Old 18-10-2006, 08:58 PM
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No excuse for drink driving...

Seems a shame though he didn't just stop drinking a bit earlier...or saved leaving a bit longer...until he'd sobered up more...as above...as from what you've said he really didn't know he was over the limit...it'd be good for there to be more information about how long you need after heavy drinking before driving...as there's not much public guidelines on this...

The sensible people don't drive the day after at all, or drink less....the wreckless bastards drive home from the pub drunk....then there's a few ill-informed people who just don't think...could stop a fair few accidents just giving people a bit more timescale information...''dont drink and drive'' doesn't give you much of a help...
Old 18-10-2006, 09:04 PM
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not only should he have been offered a blood test but he is entitled to half the sample so that he can have it independantly tested.
Not so. You only get the blood option if over 50. The EBM machine is pretty acurate so the thinking is its not going to be 15 out (ie the difference between 50 and the limit of 35). Also you are charged with the lower of 2 readings so the higher one could have a been quite a bit higher.
Old 18-10-2006, 09:12 PM
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ive nearly been done before for drink driving the morning after 9/10 of us drive the morning after most have and most will myself included this is shit luck but hey thats the LAW and thats that im afraid i was lucky cos i blew red at roadside but when tested @ cop shop it was 29 and 31 and they use the lowest so a lift back to the car and a apology thank you very much and goodbye and the moral is dont drink and drive i try and plan nights out more and that was 9 years ago
Old 18-10-2006, 09:27 PM
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Originally Posted by Katie
it'd be good for there to be more information about how long you need after heavy drinking before driving...as there's not much public guidelines on this...
Because it rests mainly with the individual there cannot be a general guideline,
The things that count towards are as follows,
Your diet, how you ate roughly 24 hours previous to your seshion, how often you drink (tolerance), Your general build, How much sleep youve had.
There is so much resting on the persons habits that a general guideline may be good for 1 and crap for another,

I know people who i believe could have the 'ok 2 pints' and be over, and others who could have 5 pints and be under, just because of the way they eat, drink and sleep.
Old 18-10-2006, 09:27 PM
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Originally Posted by Nath
I notice a few of you are off to the Blackpool night out soon ...lets hope you practise what you preach!

Theres too many fecking band wagons recently
i agree with that. most of us have done piss ups or camping piss ups.... im sure a few or most of us if we all got tested would prove to be over the limit on the drive home or to a show in the morning from a camp site or hotel room.
Old 18-10-2006, 09:40 PM
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guy at work got done a few weeks back
he'd had to cans of kestrel at 11am
then had a smack (put the motorbike rider in hospital) at around 2.30 that afternoon
police brethed him, he couldn't provide a sample as he'd been beaten up at carnival and his lip was all busted up
plod claimed he refused the blood test that was offered and when i got the the nick he was "sleeping it off"
he got a 2 year ban and 3 months in clink even after protesting his innocence and spending money on a wig wearer
if he's blown over the limit and there is no second sample offered, he's banged to rights and he's not going to get out of it

i'm not going to take the line of "but he must have known he was going to have the drive the next morning " nor am i going to take the "but what about speeding" line because thats another story

he is going to be paying for this for the next 11 years at the very least so that is enough of a warning to the rest of us of the risks involved with drinking alcoholic beverages and then trying to operate a motor vehicle
Old 18-10-2006, 09:41 PM
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Originally Posted by Nath
I notice a few of you are off to the Blackpool night out soon ...lets hope you practise what you preach!

Theres too many fecking band wagons recently
TOTALLY agreed, i have been on the piss with a fair few people on here and seen the state they have got into on the nightly pissup before a show, myself included...and we have stayed up till stupid o'clock getting pissed all good fun, then woken up ye maybe with a hangover at 7am to go to whichever show, hangover dont mean you aint over the limit....but yet somehow the majority of the have never drank and drove hmmmm ye ok

I have to say I dont agree with drink driving, but i think people WILL have been over the legal limit whilst driving without actually knowing it...or without 100% believing it....

Now this guy asked for opinions not people getting on his case about something that DOES NOT really involved him, why people cant just answer his question FFS instead of turning it into a 50 page argument over who doesn't agree with drink driving i think we established it all before many a time

Theres nothing i hate more than people jumping on a thread giving abuse when all they asked for was advise for a friend, you dont agree with it, ye we know, why just NOT reply and do us all a favour...


One very grumpy kim
Old 18-10-2006, 09:43 PM
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Well said Kim.
Old 18-10-2006, 09:48 PM
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DO feel sorry for him in a way. Ignore some of the people on here as they dont half like jumping on bandwagons

No i hate people who drink drive and think are total pricks. But trouble is its when your over the limit the next day its hard. As obviously your not entential drink driving like some people do. They drive home after a heavy night on the beers

I have heard of somepeople still being over the limit in the afternoon the next day

But ifs hes over the limit, hes over and police dont care wether it was on the way home from pub or next day.

And totally agree with IMA why do people feel so strongle about driving driving but think its cool to drift, doing 150mph on the m'way?


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