Legal Advise, drink driving :(
#1
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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
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
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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
whos to stay that the breath tester was calibrated correctly
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#10
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Originally Posted by ricky_3dr
What Gracie said
my bro was killed by a scumbag drunk driver
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#11
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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!
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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?
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#15
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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
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
#16
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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.
#17
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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.
#18
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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.
I definatly have, but I don't drive until the Afternoon out of principle.
#19
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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.
#21
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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.
I definatly have, but I don't drive until the Afternoon out of principle.
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#22
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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.
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#23
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Originally Posted by xxx
Stopped drinking at 1am and went to drive home at 8:00am.
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.
#25
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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.
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.
#26
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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.
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.
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#27
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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.
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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
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
#30
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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.
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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.
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.
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#32
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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...
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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...
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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...
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#33
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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.
#34
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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
#35
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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... ![Sad](https://passionford.com/forum/images/smilies/icon_sad.gif)
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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.
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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
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Theres too many fecking band wagons recently
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#37
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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
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
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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
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Theres too many fecking band wagons recently
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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
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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
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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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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
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I have heard of somepeople still being over the limit in the afternoon the next day
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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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