The Law in this country?!

[Clare D]

My sister went out with her boyfriend for a meal last week and had 2 small glasses of wine (2 more than I would have personally) with her meal.
She believed that she would be ok to drive as she had drank her 2 units. On the way home it was icy and there had been a diesel spillage which was now covered in a thin layer of ice. Her car skidded when and she ended up crashing into an old telegraph pole. No body was hurt as was no property including the telegraph pole. They called the police and she was breathalised and her reading was 37 when the limit is 35. She was taken down to the local station in Derby and spent the night in the cells. Believe me she has well and truly learnt her lesson but she has been banned for 20 months reduced to 15 if she takes a course.
As I have said I stick to soft drinks when I drive as I won't even have one drink. As you can imagine she had a real ear bashing from me.
When she was at court there was a man ther who was only 1mg over the limit and he has been banned for 18 months.
I just wanted to post this thread as a warning to all as the Police now have 0 tolerance which has my full backing.
The thing is I question the law as why is it that all crimes do not face such a harsh sentence. If you have pictures of children on your PC most get away with a suspended sentence. I believe the law need to be fair across all offences.

 

[Claire L]

At 37 she would not have got charged, between 39 and 50 for the breath reading back at the station, it would of been statutory option which would of been blood and then that would have to be over 81 to get charged. Also for a first time offence with such a low reading I am surprised the courts would of imposed such a tough penalty.

No drink is the only safe option when it comes to driving.

Claire

 

[Minniespal]

No drink is the only safe option when it comes to driving.
Claire

Couldn't agree more ~ If I go out for an evening and I'm going to drink alcohol I leave the car at home and get a taxi.

 

[mushumadness]

i agree

if we go out one of us stays on soft drinks

 

[Obi Wan Kenobi]

I am sorry but, I do not belive that we have the full story.
If she was just over the limit and this was her first offence, then she would have recieved the minimum statutory sentance 9in law which is 12 months disqualification.
The laid down penalties are as follows
35-65 breath Disq 12 months
66-85 breath disq 18 months
89-110 breath Community sentance and disq 2 years
110+ breath Custody and disq for 3 years

This tarrif then increases dependant upon your criminal record over the past three years in relation to drink drive

 

[Miffy2003]

Thanks Clare for sharing this story. I agree with your view that a 0% tolerance for alcohol is the best one.

 

[Tron[ADS]]

About 10 years ago I witnessed (as a nearby pedestrian) 2 old ladies get wiped out by a drink driver. He came down the road swerving all over the place, they were walking by a concrete wall that formed the base of an overhead road. He mounted the pavement at high speed and crushed them between his car and the wall. They had no chance whatsoever. It was a mess, and it is an image thats never left me. One of them didnt die instantly and I can still remember the sounds that she was making.
So, I actualy think that 2 years is far too lenient. I respect that your own morals are similar to mine, ie "have none for the road", but you seem to imply that you feel she has been treated hashly......what If there had been a pedestrian between her car and that post.........would you still be thinking that she'd been harshly treated.

I also think 35 is far too high a limit. Zero tolerence is the only way to be. I say 5 year minimum ban, and lifetime ban for a second occurance. There are far too many people who just take that chance thinking they wont be over the limit.
Oh, and the young lad who hit the old ladies........He got 8 years (so probably out in 4).....he pleaded guilty in court, so it ended up that me and my mates didnt have to attend as witness'.

 

[mandymouse]

Claire I'm pleased that your sister was unhurt, I have to agree with you that if you're going to have one drink, then leave the car at home

 

[kristieuk]

I am sorry but, I do not belive that we have the full story.
If she was just over the limit and this was her first offence, then she would have recieved the minimum statutory sentance 9in law which is 12 months disqualification.
The laid down penalties are as follows
35-65 breath Disq 12 months
66-85 breath disq 18 months
89-110 breath Community sentance and disq 2 years
110+ breath Custody and disq for 3 years

This tarrif then increases dependant upon your criminal record over the past three years in relation to drink drive

I would have to agree with this. 37 is so close to the limit, it's unusual they would even prosecute in the first place, and even if they did, the disq, period would be 12 months, unless there were very extenuating circumstances, like previous convictions for similar offences - but still unlikely. Clare, do you really think you got the whole picture here? I'm not meaning to stir things up, but it doesn't sound right.

At the end of the day, I suppose it doesn't matter what happened, and I agree with the general concensus here that it's just not worth it at the end of the day.

 

[Claire L]

Obi has the breath part slightly incorrect, as I said earlier between 39 and 50 a blood sample is taken, as a first choice second is urine, and the change , if over, then relates to the blood (urine) alcohol level not the breath alcohol level.

Claire

 

[Clare D]

She has received the sentence because she crashed the car and becuase she was over. She contacted a solicitor who warned her that this would happen.
I fully agree with her ban and those applied to people in a similar situation as I do not drink and drive and posted this thread as a warning to anybody who thinks that having a drink and then getting behind the wheel of the car is ok.
This was point 1 but my second point was why are other offences not dealt with in such a zero tolerance manner?
I have never been in trouble with the police, I do not even have any points for speeding so I am not saying that what she did was ok, it wasn't and now she has to face the consequences.

 

[gilld]

I quite agree with not having any alcohol if driving - we don't drink if driving, but what many seem to forget is the time it takes for the alcohol to leave ones system. If some one has a few drinks then they are not safe to drive next morning. It is commonly thought to take an hour for each unit of alcohol but in fact takes quite a bit longer than that. That is why having zero tolerance would be difficult to enforce.

 

[Laurafoster]

Also i would just like to point out that if you are going to have a drink (which i personally wouldnt) wine is so much harder to tell when your over the limit. 2 small glasses are 2 units if it is a 13% wine or less. If the wine is stronger it has more units!

I know a friend that go caught out that way so always double check!

 

[Cyrano]

It is always better to not have anything to drink or leave the car at home.
Thankful that no one was hurt.

 

[Goofyish]

You cannot rely on the alcohol content and units to give an indication of whether you are over the limit for driving or not!. There are so many other factors involved - a persons weight, general health, metabolism, age, sex, what they have eaten, when they ate, type of drink etc.......

Only way to be sure you are under the limit is NOT TO DRINK AND DRIVE!