Cahrged with drunk driving

[Carriemunky]

My husband was arrested for drunk driving on Saturday night. He has no idea what he actually has been charged with as he had taken an overdose at the time. Yes he was trying to commit suicide; he is clinically depressed. He was two miles away from the car when he was arrested but he had the car keys on him.
When he showed me the print out of the breathalyser machine, they have got his date of birth wrong. What will happen

[Teleph0ne]

If he was arrested 2 miles from the car, had the car keys on him and it was obvious that he had driven to where he is then he can be charged. The fact that his wife had reported him reinforces this. the police can arrest you in your house now for drink driving if they have reason to believe that you have driven home so the old trick of diving through the door and swigging a can of beer quick will not work. I would imagine that a good solicitor could get the case dismissed if they could somehow prove that he drank after he left the car but if his wife has rang and reported him for drink driving and presumably made a statement to this effect then they have a pretty strong case.

[fredpuli47]

What you are calling "drunk driving" might be "drunk in charge" of a motor vehicle of, course, but, from what you say, the police may have enough from what he said to them and what they know of the circumstances, to charge the main offence.His lawyer will know and advise.In the event, the distinction between the two is unlikely to matter in your husband's case and the result will be as others have said.You've done the right thing.

[cherrychapstick]

ah ok thank you telephone i think that makes sense ,i had never heard of anyone being done for drink driving while not actually being with the motor

[dizmouk2009]

The classic DR40, maximum fine of up to £4,000 or 6 months imprisonment. Chances of imprisonment is unlikely though.

[dizmouk2009]

I got landed with a DR10 in April 2005. 46mg in breath, £40 fine (extemely low fine). Insurance is a Bi**h now though....

[cherrychapstick]

naughty diz :(

[Teleph0ne]

I was developed for the drivers that have a crash and dump the car to run home then claim that they had been drinking following the accident and wern't drunk at the time.It would be pretty obvious if for instance he was found wandering round in a remote area and it was obvious that he had driven there. If for instance he had a bottle of vodka with him then he could have been sober when driving so they could only charge him with being in charge of a motor vehicle whilst under the influence. I am not sure what the penalty is for this.

[dizmouk2009]

Yeah well there were certain circumstances and it's not like I had any intentions on driving. The OT decided to go out into Doncaster and start picking fights (she was emotionally messed up and it was hey 'way' of dealing with it) so I went to pick her up. I didn't cause any accidents and the police said that if I had turn right instead of left they would of never pulled me over - nothing wrong with my driving apparently.

[dizmouk2009]

Teleph0ne see above ^ or below..

It is an offence for a person to be in charge of a motor vehicle on a road or other public place with excess alcohol in his breath or in blood or urine as evidenced by a certificate of analysis or statement.

Max penalty: 3 months prison sentence.
Max fine: £4,000
Penatly points: 10 penalty points on your licence

[dizmouk2009]

The fine depends entirely on the breath reading, previous convictions, state of mind and who sits in the chair. My fine for my offence was so low because I wrote them a letter telling them how little I earn, how much it would cost to get to work by bus and how much I was paying my mum for a computer she bought for me. I even mentioned how much it costs for the price of living.

[dizmouk2009]

The most embarrasing thing was after they had punished me; my mother stood up and held up her hand and said "I've been on the bench for 20 years at sheffield magistrates court". Your own mother a magistrate and you go and do something like this, man that was depressing. Well I've learnt my lesson! time to go out on my motorbike! cya all

[fredpuli47]

DR40 referred to above is 'drunk in charge', in case anyone is wondering.It's a defence to show there was, what translates into, absolutely no chance of the defendant driving again while above the limit (for which purpose any damage to the car making it undriveable as the result of an accident is ignored), but it doesn't seem likely here.It's a pretty difficult defence to establish and the courts are cynical !

[Androcles]

A couple of questions I cannot see the answer to in all this. You shopped him to the police but was that because he drove away, or because you thought he might drive? Did he actually drive or did he just go for a walk to kill himself with the car keys in his pocket. They may both be an offence, but actually driving the car must be worse than going for a walk with the car keys in his pocket.

[joko]

why did you mention the clerical error on his print out? - please dont think this charge will be squashed because of that...it wont.

[tweenyb]

the same thing happened to a friend of mine several years ago now. following a relationship break down he got drunk and drove at excess speed and into a lamp post in a suicide attempt.
he had a driving ban, was forced to attennd a compulsary drink driving awareness, had a massive fine and following 3 months inside 130 hours community service.
although he did get to see an awsome psychologist and is now happily married to some one new and has kids - so his life is worth living for in the end.

i hope your hubby gets the help he needs