Drink Driving

[kat1]

My brother-in-law has just been arrested for the above offence for the 3rd time. Could he be looking at a custodial sentence? He thinks because there is a 10 yr or more gap between the last one he will only get banned and fined. Thanks

[Buenchico]

From reading reports of (roughly) similar cases in our local newspapers, I'd think it unlikely that a custodial sentence would be considered unless, for example, he was substantially over the limit and crashed the car because of it.

[yogi-bear]

Hi kat

The court will not like the fact that this is now your B-in-law's third offence of DD, so he could be looking at a cust.sentence.
What would have happened had he come across someone, even a child, crossing the road when he's drunk at the wheel?
Or ploughed into someones car injuring them badly
I have no sympathy for people like your B-in-law and maybe in future he'd think about before he gets in a car to drive it.
I wont wish him luck that he gets away with a fine or ban, and maybe they should make an example of him with a hard sentence.

[kat1]

He didn't crash the car but was way over limit and wasn't let out of police station until late afternoon.

[kat1]

I agree with you yogi he is a idiot .

[thesecondlaw]

There really is no excuse to drink driving, and I have to agree with Yogi. I was no angel as a youngster, and was caught drink driving 35 years ago, and banned for eighteen months. I vowed never again to drive unless I were stone cold sober. I hope he learns his lesson.

[yogi-bear]

Way over limit, eh?
'Not let out until late afternoon'

This should be a wake up call for him before his being drunk kills someone, and maybe himself.

[New Judge]

The level of alcohol is critical. His previous offence is now conssderably old and will have little influence on the sentence. Let me know what the alcohol reading was (remember to say whether it is a breath, blood or urine reading) and I'll let you know the likely outcome.

[kat1]

He won't say judge just that he was Double over the limit which I Don,t believe as he was drinking for approximately 9 hrs!

[New Judge]

Can't really help then except to say that double the limit (70 in breath) would not normally result in custody.

[kat1]

Ok thanks judge & everyone's comments.