Drink Driving? - ranj
Hi,

Just wondering for any advice...

I've just been convicted for drink driving at the magistrates Court... I was 84mg in blood, where the limit is 80mg...

If I was 82mg, I was told this I would have got away wit it.... but unfortunately not...

I pleaded guilty at the court, and told the magistrates I was going to drop my friends to a club, they wer drinking up so I had one drink with them. Then I thought I'd have some plain lemonade, which I did... and then... I had another lemonade, which I thought had no alcohol in it watsoever... I was told after by one of my friends the Next day, that they had pured a little vodka into my lemonade and not told me...

As, my friends left, I went back to drive home, but upon getting stopped by the police, I was found to be over the limit... they arressted me rite away and took a blood sample at the station which came back 4mg over the limit 2 months later.

After pleading guilty at the court, and telling them my story, I overheard one of the magistrates mentioning mitigating circumstances.. but they still conferred and gave me a 12 months ban, reduced to 3 months if I do this drink driving course...

Now, i what I want to know is.... that is possible to appeal at the crown court, if i can get witnesses, to prove that they gave me alcohol, while letting me think it was just lemonade... ??

im not even sure If i can still appeal at the crown court... i've heard u can appeal against conviction .. if u pleaded not guilty... or just the sentence if u pleaded guilty..... not too sure about this justice system!

Just wondering if its worth me appealing... cuz I wasnt even that much over the limit, jus a touch, and i wasnt planning on drink driving neither.. it was my friends that gave me the extra drink.. without me knowing it was alcoholic...

also, I'll be 26.. when the ban comes off.. with 3 yrs no claim, would it be real bad on insurance... and this conviction a criminal record... if so, how long does criminal record stay for??
DRINK DRIVING? - yorkiebar
Sorry if I sound high and moral on this.

You drank, you drove ! You could have killed me ! or others ! And some "friends" you have got.

Its the law of the land; not to drink and drive ! Like speeding its not an opt out law.

Driving under the influence (of any thing) and/or without insurance are my 2 biggest hates of all motoring crimes.
DRINK DRIVING? - Leif
In my opinion what you need to do is speak with a solicitor, and also determine if your friends are willing to act as witnesses.

If your fiends did spike your drink, and if they are willing to act as witnesses, then I would have thought that you could get off the charge. But I am not a solicitor, and I might be mistaken. However I doubt that I could drink a spiked lemonade without realising that it contained alcohol. And I do wonder why someone would do that. These days we are all aware of the dangers of drinking and driving, and the idea of spiking the drink of somone who is driving us to and from a club is bizarre.

If your story is not true, and the truth is that your friends are willing to lie to get you off, then you and they should be aware that perjury (lying in court) is a serious offence which carries the possibility of a prison sentence.

DRINK DRIVING? - Robin Reliant
Making an appeal against your sentence has it's dangers. The appeal judge could just as easily decide that the magistrates had been too lenient and increase your ban. Whether true or not, the "Spiked drinks" story is one they here every day of the week, and if you have witnesses to that why were they not in court before you were sentenced?

I'd accept what you got, and in future avoid any alcohol if you are driving.
--
DRINK DRIVING? - bell boy
take the medicine
change your friends
sorry
Drink Driving? - Glenn Quagmire
8< SNIP

If you can't post without resorting to abuse, then don't bother posting at all. DD
Drink Driving? - Lud
Hard luck ranj. Borderline case obviously. Why did they pull you by the way?

I greatly dislike the tone being adopted by some here. A lot of drivers are dangerous sober. But the way some people talk you would think it was OK to drive dangerously and kill people if you hadn't been drinking or exceeding speed limits. A morality kit for under-fives.

Attend the dd course to shorten your ban, and be a tiny bit careful in future.

I do agree that anyone who would put drink or drugs in your lemonade without telling you is a real galloper, probably half-witted and not a true friend.
Drink Driving? - Dalglish
.. Attend the dd course to shorten your ban, and be a tiny bit careful in future.


eh? where is such a dd course offered?
to see how serious dd is, read this and then decide whether lud's (who seems to suggest that it ok to be like " A lot of drivers are dangerous sober ") advice to be a tiny bit careful is worth following:
www.lawontheweb.co.uk/crimedrinkdriving.htm
criminal record for LIFE! despite what you may be told elsewhere. IT IS NEVER SPENT.

as tvm says, not true.
see
www.financial-ombudsman.org.uk/publications/ombuds...m
www.lawontheweb.co.uk/rehabact.htm
Drink Driving? - Lud
>> .. Attend the dd course to shorten your ban, and
be a tiny bit careful in future.
eh? where is such a dd course offered?

>>

Didn't the obviously very unlucky OP say he had been given a 12-month ban, reduced to 3 months if he takes a dd course? Don't you believe him?

It doesn't seem too likely that magistrates would suggest such a course if there wasn't one, does it? That would be mere cruelty.
Drink Driving? - Dalglish
Didn't the obviously very unlucky OP say he had been given a 12-month ban, reduced to 3 months if he takes a
dd course? Don't you believe him?


:: ;-) :: of course i belive his entire story word for word. :: ;-) ::

Drink Driving? - Glenn Quagmire
8< SNIP

As I was previously saying, if you can't post without resorting to abuse, then don't bother posting at all.

Final warning. DD.
Drink Driving? - yorkiebar
Obviously some think its ok to drink and drive as long as you are a good driver.

Hmmm, drink and driving means you cant be a good driver in my book.

Stay off the pop if you want to drive, accept the punishment if you do it. You got away mildly in my book.

Lost a friend to a d driver, never lost 1 to speed accident!
Drink Driving? - barney100
Wwith friends like that who needs enemies someone once said, maybe best to sit out the nine months and busy yourself finding out what the insurance premiums are going to be next time. doing the course will at least show good intentions.
Drink Driving? - Sprice
AS usual on this site, self-righteousness and smugness in the answers is evident.

Sorry to hear about your plight OP, best to just do the d/d course and accept the 3 month ban (in 1995, my friend was 1mg [yes 1mg] over the limit and he had a 12 month ban) and learn from your mistake! Just phone aroung and go on the internet to find an insurance quote, might no be as bad as you think!
Drink Driving? - jc2
And then ask your "friends" to pay the difference.
Drink Driving? - sierraman
Beware the morning after too,friend of mine got pulled over the day after a night out,he thought he was sober,he found he wasn,t.
Drink Driving? - Pugugly {P}
See a solicitor.
Drink Driving? - Nsar
Nick Freeman if you've got a spare £10k in your pocket.

Drink Driving? - PatrickO
Just take it on the chin, it's an absolute offence, 3 months isn't that long. I think trying to fight it in court and getting your friends in to give evidence will just cost you money, stress and get you nowhere. In my opinion the mags automaticaly think you are scum the moment you step in to that dock, save your energy and move on a bit older and wiser.
Drink Driving? - Pugugly {P}
It's not an absolute offence.
Drink Driving? - Fullchat
Does't the rehabilitation course knock just a third off the disqualification period , not two thirds as is stated by Ranj?
--
Fullchat
Drink Driving? - Dalglish
..Does't the rehabilitation course knock just a third off the disqualification period , not two thirds as is stated by
Ranj? -- Fullchat


actually, afaik, it knocks a quarter off : 3 months off the 12 months, to give a 9 months resultant ban.
( which is why i questioned lud about the o.p. 's view that it was t he otherway around ).
Drink Driving? - PatrickO
I'm surprised it's not an absolute offence, you're either over or you're not?
Drink Driving? - Altea Ego
I have to say, and it has been expressed here a bit, that there is a huge amount of chest beating and wailing when it comes to drink driving offences. When we get down to it, just how many people were killed or seriously injured by druken drivers? HOw much of a serious problem was it or is still? Far worse crimes are comitted on our roads (and it has to be said off the roads) with pathetic levels of deterence.

The government has done an excelent job in turning drink driving into social leper levels but could and should this effort have been better directed?

Discuss


------------------------------
TourVanMan TM < Ex RF >
Drink Driving? - Leif
... just how many people were killed or seriously
injured by druken drivers?


The killed and seriously injured stats have dropped very significantly over the past few decades, due in part to improved car design. I suspect the public campaigns to make drink driving taboo have helped significantly. I found some stats here:

www.statistics.gov.uk/STATBASE/xsdataset.asp?More=...6

According to the above, if I interpret it correctly, the number of drink related driving deaths was about 1030 in 1986 dropping to 490 in 1998. However it is not clear how many of the deaths involved a drunk pedestrian hit by a sober driver and similar incidents where the driver was not drunk. Drunk pedestrians must make up a significant number of the deaths.
Drink Driving? - Pugugly {P}
"I'm surprised it's not an absolute offence, you're either over or you're not?"

One of the many defences for DD is the so called "hip flask defence" (i.e. claiming to have consumed intoxicatns after the event), in fairmess the OP is looking for a defence that has succeded many times in the past.

Absolute Offences are the the types of offence where ther eis no defence in law, No Insurance is one of them.
Drink Driving? - Lud
Ah, I see, the OP was mistaken and thought reduced BY three months meant reduced TO three months. Of course I have no idea what the normal arrangements are and defer to people's superior knowledge and experience (bows and scrapes a bit).
Drink Driving? - Lud
And very well said TVM.

Every time I try to make these sort of points I see the gleam of telescopic sights among the trees and hear the faint clicking of rifle bolts... and is this a pink laser spot homing in on my chest?
Drink Driving? - drbe
AS usual on this site, self-righteousness and smugness in the answers
is evident.
>>


Matched only by indifference, complacency and arrogance. :- l
Drink Driving? - Dalglish
... When we get down to it, just how many people were killed or seriously injured by druken drivers? HOw much
of a serious problem was it or is still? ...


tvm:
i don't know. do you?
so is the good safety record you and lud allude to because of the dd laws, or is it despite or irrespective of the dd laws?
Drink Driving? - Armitage Shanks {p}
Hard to sort out isn't it? How many people have been killed in UK, by handguns, since they were banned post Dunblane? My guess would be more but perhaps is the persception I get from the way gun crime is reported these days. There seems to be a lot about but it is hard to tell.
Drink Driving? - Rumfitt
I also agree with TVM.

It's becoming almost a crime to ask for a rational debate, and the consideration of many kinds of statistics surrounding 'drink driving' - and it isn't actually illegal to drink and drive!

I too want to know how we as a society can greatly lessen or eliminate drunk driving. As I've grown older I've swung away from thinking 'there but for the grace of God' to 'what transport arrangements can I make to enjoy myself without fear of ever being tempted to drive whilst drunk.

I've always found there's a teetotaller in most groups or gatherings, or someone on a diet who drinks diet coke etc. If not, I do the maths calculations as to what my licence is worth and the sheer shame of being 'done' - it's never failed me yet to convince me that £30 on a cab is a bargain by comparison.

Why are some folk tempted to do it? Is it the wrong kind of policing these days? Does a little bit of alcohol actually improve your driving? A zero limit has its pitfalls too. maybe we've got it about right and social pressure will make it die eventually?

Let's have reasoned debate for sure, but all this witch-hunting, macho posturing puts me right off...

R
Drink Driving? - Lud
Too complicated for them Rumfitt. People fear personal responsibility and personal judgement. They find absolute rules reassuring. There's nothing to be done about it. Some are just like that, others just aren't.

Drink Driving? - ForumNeedsModerating
>>t's becoming almost a crime to ask for a rational debate, and the consideration of many kinds of statistics surrounding 'drink driving' -
and it isn't actually illegal to drink and drive!

I think it is - drink then drive is still ok though - within the prescribed limit - can't see a problem myself - and I do like a drink.

The limit , if memory serves, equates to about 2 pints of 4-4.5 ABV beer in an 'average' male body. I believe (don't we all though) my tolerance
is quite high through habituation - but I do notice judgement & motor skills (of the nervous kind) still start deteriorate in me
at around the 2pint mark. The problem with the libertarian view, if I can paraphrase the jist of some previous posters, is that it relies
on all people having a sense of responsibilty & proportion - if all people don't the result is worse for all. We see the same
connumdrum in the traffic calming debate & indeed in most laws.

The law copes with the lowest common moral denominator, always has.


Drink Driving? - Lud
Sound, if depressing, sense woodbines I'm afraid.
Drink Driving? - Leif
The limit , if memory serves, equates to about
2 pints of 4-4.5 ABV beer in an 'average'
male body.


I have heard that too, but to be honest, after two pints I am decidedly relaxed. It does seem quite a high limit, though I suppose it affects different people differently. These days I will have half a pint, or a bottle of beer, if I drive to the local for a pub lunch with colleagues, but no more.

Drink Driving? - bell boy
part of the problem today is all beers especially bottled ones try to outdo each other in specific gravity (strongness?) so you have to be careful
personally i would rather drink a coke if ive nominated myself to be the party bore
Drink Driving? - graham woods
Hi all. Many of us love a few beers, and more so on a lovely sunny day like today, myself included. But I never ever mix the two. If you fancy a beer or two, go out and drink what you like, but for god sake LEAVE YOUR CAR AT HOME, at least until the day after, Cheers Graham.
Drink Driving? - kithmo
Ranj should sue his so called mates for his losses.
Drink Driving? - Robin Reliant
I am very much against the nanny state. I don't like to be told that I have to wear a seat belt or a crash helmet. My body, if I decide to risk it that's my business and no one elses. But when it comes to drinking and driving it is a different matter, because I am putting other people at risk by my actions. I would like to see the limit lowered, personally.
--
Drink Driving? - Spospe
Robin Reliant

Your body is your own, but you would like someone to fix it for you, if through your own stupidity you broke it, would you not?

You are selfish.

By the way, the original poster (ranj) has not been heard from since the original post.
Drink Driving? - bell boy
sobbing in his drink no doubt
Drink Driving? - aaflyer
Read your earlier posts, bell boy. Have to agree about Ranj's situation. Experience is the hardest teacher.
Drink Driving? - Fullchat
Was he sailing close to the limit when his alledged frinds spiked his drink?? His first option it would seem was blood. What was the breath reading if he gave one. If the breath reading was under 50 then he could have elected the blood specimin to replace the breath. If the blood reading was 84 then this would corroborate a low breath reading.
Yes the original poster does seem somwhat quiet.
--
Fullchat
Drink Driving? - Robin Reliant
Robin Reliant
Your body is your own, but you would like someone to
fix it for you, if through your own stupidity you broke
it, would you not?
You are selfish.
By the way, the original poster (ranj) has not been heard
from since the original post.

I would expect the people who are paid to fix it to do so. That is what they are there for.
--
Drink Driving? - Altea Ego
Pity we dont pay them a little more then - Respect and money.
------------------------------
TourVanMan TM < Ex RF >
Drink Driving? - aaflyer
Yes, Robin, but what I don't get is why you would want to subject yourself to possible extra injury by not, for example, wearing a seatbelt or helmet. Perhaps you like pain? :) Who knows!!
Drink Driving? - Robin Reliant
I didn't say I wouldn't wear either. In fact I was belting up long before it became compulsory, but I believe in the freedom to choose my own level of safety, provided I am only putting myself at risk and not anyone else.
--
Drink Driving? - Leif
I am very much against the nanny state. I don't like to be told that I have to wear a seat belt
or a crash helmet. My body, if I decide to risk it that's my business and no one elses.


I am in favour of the current legislation for many reasons although it is a complex issue.

Anyway, because injuries are less serious, we have to pay less to repair accident victims, and less people are unable to work due to accident related disabilities. I suppose we could say that you are perfectly entitled to not wear a helmet or a seatbelt, but if you injure yourself, you must pay for the treatment out of your own pocket, or via private medical insurance. However, you would have to pay more for your private medical insurance as you would have to declare that "I do not wear a seat belt when driving". I just do not see why my tax money should be used to repair someone just because they believe in a right to freedom. It seems to me that services such as the NHS carry responsibilities.
Drink Driving? - FotheringtonThomas
I've just been convicted for drink driving at the magistrates Court...
I was 84mg in blood, where the limit is 80mg...
If I was 82mg, I was told this I would have
got away wit it.... but unfortunately not...
I pleaded guilty at the court, and told the magistrates I
was going to drop my friends to a club, they wer
drinking up so I had one drink with them. Then I
thought I'd have some plain lemonade, which I did... and then...
I had another lemonade, which I thought had no alcohol in
it watsoever... I was told after by one of my friends
the Next day, that they had pured a little vodka into
my lemonade and not told me...


Hmm, technically interesting. Assuming you had no alcohol in your bloodstream before this incident, the "one drink" must've been a non-session one, like a strong beer/cider, or a triple, if it put you over the limit (body
weight dependend). You should spend a couple of hundred consulting a soliciter if you're really sure. A cheaper
alternative would be to at least consult "Stone's" first.
Drink Driving? - Bill Payer
I would guess that it's probably too late to use the 'spiked drink' excuse - the OP should have mentioned all along that he'd only knowingly had one alcoholic drink, and then brought along the spikers in his defence.

In a similar vein, someone we know (fine upstanding memeber of local community) got done after arriving home. He swore blind he'd had a large brandy at home but as this wasn't mentioned at the time of arrest then wasn't accepted by the court. Went to appeal, expensive QC etc etc, and still lost.

Regarding the risks of drunk driving - isn't cannabis a bigger hazard these days, and is found in the bloodstream of a significant number of people killed in traffic accidents?
Drink Driving? - yorkiebar
Under the influence (of anything) is my opinion.

I find it really frustrating that so many people (on here included) think the laws are ok for the masses as long as they can find a reason to be excluded from them.

Like the law or not, drink driving is illegal. Don't do it and you don't lose your licence. Do it and argue brings all the laws into disrepute and the need for more and more and more petty rules to stop it.

I am sorry for those of you who think yourselves above the law and are happy to use money to avoid your responsibiliities to society.

You need to go and look at some accidents and cars involved in them. Having to avoid body parts and blood before you can hook up a car etc to move it tends to focus the mind on social responsibilities I find!
Drink Driving? - milkyjoe
most road deaths are caused by drunk pedestrians, 13% are caused by drink driving, the rest are caused by sober drivers!!
Drink Driving? - Leif
most road deaths are caused by drunk pedestrians,


Do you have a source for your assertions?
Drink Driving? - jpfarrello
A bit difficult to appeal against conviction after pleading guilty. pleading not guilty due to spiking could have been worth a run, but guilty with mitigating circs will only result in one thing...A minimum 12 month ban. A bit of a result to be reduced to 3 months with a course.
Drink Driving? - Bromptonaut
>> most road deaths are caused by drunk pedestrians,
Do you have a source for your assertions?


Not deaths, but in a former job I dealt with those being compensated for disabling injuries in accidents. Drunk peds were numerically ahead of vehicle occupants. Most others were young men in cars or industrial accidents.

Of interest from my own perspective is that I only dealt with one cyclist in seven years (and he was drunk as well!!!)
Drink Driving? - Micky
">Drunk peds were numerically ahead of vehicle occupants. <"

Statistically, that can be twisted to read that drunk peds survive to make claims but vehicle occupants die so no claim for disabling injuries results. Difficult to believe that the mysterious OP didn't feel half-cut following the spiking. The DD laws made a big difference in the 1970s, but it needs uniformed plod on the beat and in marked cars at out throwing-out time.

As per many people of my generation, DD laws were regarded as an inconvenience in the late 1970s and early 1980s, several of my colleagues were caught whilst over the limit, including someone who ran a ped over on a zebra at lunchtime.

IMHO in 2007, the alcohol limit should be zero, it's the thought of not being able to stop quickly enough if a child walks out into the road, even after one pint of beer .... but then what was the child doing drinking beer in the first place ;-)

My thoughts on drug users and dealers are unprintable. Have I become the reactionary middle-aged gentleman of the type I so despised many years ago? Probably.
Drink Driving? - Leif
I tried searching with Google for an analysis of road accident causes but failed. Curiously all the 'pro-speed' sites explain why speed cameras do not work. All the government sites explain proudly how they are reducing deaths on the roads. I find both source unconvincing as both clearly try to prove what they set out to prove.

It would be ironic if most deaths were caused by a combination of pedestrian stupidity (e.g. intoxication) or excessive speed including deliberate ignoring of speed limits. Rather than lowering of speed limits (which the second group ignore anyway) would it not make more sense to limit alcohol intake by for example clamping down on public drunkenness (at source i.e. pub refusing to serve) and targeting dangerous drivers. Anyway, I digress from the thread topic.
Drink Driving? - yorkiebar
Surely it is exactly because of all the hazards on the road; including drunk peds etc that a driver of a potential killing machine must be sober to drive.

Very few people go out for a drink alone; it is no real hardship to take turns as the non drinking driver? Or to club together for a taxi (which is probably cheaper than a round of drinks?) or arrange for a partner to collect etc etc etc.

There is no excuse to be in charge of a vehicle in anything other than a sober condition.

I enjoy a drink as much as anybody. But not when I drive.

There are loads of laws in the country I don't like but ignoring the ones you dont like does nothing for society as a whole. Either keep to the laws or get the laws altered or face the consequences !
Drink Driving? - David Horn
I find it hard to understand why the current threshold is as high as it is. I cannot easily ride a bike (which obviously depends on fine motor control) after a drink, and I suspect my ability to drive a car would be similarly impaired.
Drink Driving? - FotheringtonThomas
I find it hard to understand why the current threshold is
as high as it is.


It's a moderate limit to allow a reasonably high degree of freedom combined with reasonably low level of risk.


>>I cannot easily ride a
bike (which obviously depends on fine motor control) after a drink,
and I suspect my ability to drive a car would be
similarly impaired.


In that case, you should not have "a drink", whatever that is, and drive a car or ride a motorcycle. In your admitted case it would be illegal.
Drink Driving? - artful dodger {P}
The big problem with the DD law is that the legal limit is known but it requires a machine to test either breath or blood, unlike a speed limit which you can see your car's speed on the instrument panel.

We do have a fairly generous DD limit compared to many other European countries, so we should not complain that we still have a small choice of whether to have a drink, not drinks, and then drive.

If someone is found over the limit, the law is harsh in its punishment and quite rightly so. You will loose your ability to legally drive a car for at least 12 months. But the punishment does not end there as you will still pay for your crime once you get your licence back and need to take out insurance. I hate to think what the total cost is, but no doubt someone will calculate it or post an estimate. The sound advice is always, do not drink and drive.


--
Roger
A fine is a tax for doing wrong. A tax is a fine for doing well.

Drink Driving? - Altea Ego
The current threshold is not high in my opinion, yes its higher than most european levels but then our penalties are considerably higher than most other countries.


------------------------------
TourVanMan TM < Ex RF >
Drink Driving? - Micky
...... and yet I can remember the ritual 3 pints at lunchtime and back to work (on a construction site!), another couple in the evening and then drive home, The perception of DD has changed, for the better. Tough luck if you run a pub out in the sticks though.