Advice - RE: Over the limit

jake000

jake000

jake000

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Hello all,

I got a call today from my mum, saying that her husband had been in a crash yesterday. He's fine but he blew 39 on a breathalyzer and is being done for being over the limit.

He got into trouble last year as well for something minor and was given a fine and a 12 month good behaviour bond.

With the drink driving offence, what do you think will happen to him?

Thank you :)

Edit: Not sure if it helps but he said he's never had points on his licence before this.
 
That was helpful, thank you :)

Any thought's on if the prison penalty could be more likely due to his good behaviour bond?

Thank you :)
 
What did he blow for the roadside test (the breathalyser) and what did he blow at the station in the intox machine?

A person may get arrested for blowing a 39 at the roadside but the other number is important in determining whether they actually get charged with the offence.
 
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He said he blew 39 at the roadside and at the station on the machine. I find that hard to believe but I asked and that's what he said.
 
jake000 said:
He said he blew 39 at the roadside and at the station on the machine. I find that hard to believe but I asked and that's what he said.
Click to expand...

Hmm... If I remember correctly CPS charging guidelines don't normally result in a person being charged with a section 5 drink drive offence if someone gets less than 40mg per 100ml of breath. I'm inclined to believe he blew higher than 39 at the station if he's getting charged with the offence.

He will have been given an mg4 charge sheet most likely and should have a print out from the intox machine anyway so he should know exactly what the charge is and why.
 
With what you've said, I'm sure he blew more than 39 as well. My mum and him are probably trying to make it not sound as bad by saying 39 but probably is higher.

Thank you for the help and I will see if I can find out more.
 
I just found the Guidelines, as you mentioned above, Will:

Charging Practice/Acceptability of Pleas

In most cases of drink/driving, there will be scientific and/or medical evidence to show that the driver has exceeded the prescribed limit. In such cases a charge under section 5 will be proper.

Although the prescribed breath alcohol limit is 35 micrograms, a driver will not be prosecuted under section 5 with a breath alcohol level of less than 40 micrograms. This is in accordance with the guidelines contained in Home Office circular 46/1983. That level will usually be taken as that recorded by an evidential breath testing machine or by analysis of a blood/urine sample. However, it may be the level as determined by back calculations.
 
Driving or attempting to drive while above the legal limit or unfit through drink
You may get:

6 months’ imprisonment
an unlimited fine
a driving ban for at least 1 year (3 years if convicted twice in 10 years)


If just above 40 then probably a fine for a few hundred quid and a ban for 12-18 months I guess.
 
I'd be amazed if he got anything other than the usual ban reduced to 12 months if he attends a course, and a fine.

It's quite difficult to get a custodial sentence for criminal offences really.
 
You should never be in a position where you're even close to the drink drive limit, so hopefully he gets a decent punishment is my opinion.
 
On the machine in the station:

35-40 they don't charge you - just make you walk home.

40-50 you have the option of a blood test which is more accurate and is used in any defence you may attempt. If you're lucky by the time the doctor turns up you've dropped under 40.
 
I hope he hit a sign or something rather than someone else?

I'm sure I'll get told to get off my high horse, but it's pretty a ****ing selfish and inconsiderate thing to do and IMO there's NO excuse for drink driving.
 
I agree with you Craig and Haggis. He's an idiot, to say the least! Him and my mum know my opinion on drinking and driving. I hope it gives them a wake up call.
As far as I know he went into a fence. He squashed the front of the car up.

The more comments I read on here, the more I believe he blew more than 39. I'll find out more next week when he's at court.
 
EddScott said:
On the machine in the station:

35-40 they don't charge you - just make you walk home.

40-50 you have the option of a blood test which is more accurate and is used in any defence you may attempt. If you're lucky by the time the doctor turns up you've dropped under 40.
Click to expand...


The statutory option has gone now. You don't get to do blood or urine anymore.
 
He was at court earlier today... He was given a 2 year ban (option to do a course to reduce it to 18 months) and a £405 fine.

Yes, I do think he blew more than 39.
 
If he was (still) on a bond for good behaviour I'd imagine that would come into effect even if he had blown under 40. Though if that was the case I'd have expected to see something other than just a ban/fine.

Other than that if it went to court I doubt he blew under 40.
 
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