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

[tamborine]

Definitely lose his licence for 1y at least - possibly referred for psychiatric treatment for his/others safety. All for his benefit; no-one wants to distress him un-necessarily.

Poor man, what lead him to this?

[Carriemunky]

His mum was beaten up by her husband when he was younger. She was pregnant with twins at the time and lost the babies. He has a social worker and has been getting help for about 5 years at least

[tamborine]

His remedy wont sort out his mum's probs; only make it worse for her.

[sara3]

a woman drunk driver, also trying to commit suicide, killed someone whilst out in her car a short while ago. I think it was a child.

[Carriemunky]

I phoned it in in case he killed someone. I wanted him arrested. I know what you are saying. I am not asking about that. Because I phoned 999, he was arrested and didn;t kill anyone. HIs mum died 5 years ago but he still suffers flashbacks

[ChuckFickens]

Absolutely no point going into any details on this.

There are only a couple of valid mitigating circumstances for drink driving (such as having your drink spiked) and your husband isn't even close to qualifying for them.

He will get minimum 1 year ban and £150 fine (the ban may be reduced by 25% if he does a alcohol awareness course)

[Carriemunky]

Thanks Chuckfickens. I know he is guilty I am only asking a question. Don't expect to be judged.

[tamborine]

you did the right thing Carrie but never tell him as he will lose trust in you. He needs strong trusting ppl to lean on.

[Carriemunky]

I told him as soon as I did it and he understands why

[waterboatman]

You did the right thing carrie. You have a lot to deal with right now. The CAB would be a good first stop. They are nice people and will do all they can to help you.

[Carriemunky]

He is going to a lawyer tomorrow. I hope he gets the help he needs. Just feel like there is no help out there. People keep telling me to go to Breathing space or the samaritans

[waterboatman]

A lawyer is a good move for the legal side. CAB might be able to help as well on the logistics side.

[Carriemunky]

Sorry, I don't actually know what you mean logistics

[tamborine]

Your GP can help by confirming depression & organising suitable medication or short spell in hospital psychiatric to get him back on track.

[waterboatman]

Anything to do with general problems.

[Carriemunky]

He has been getting psychiatric help for 5 years and has a social worker. Nothing seems to help. He has been on medication for 17 years

[ChuckFickens]

I wasn't judging!

you asked what he will be charged with, he will be charged with "Driving or attempting to drive with excess alcohol" and will get a minimum 1 year ban and £150 fine.

Any other details are irrelevant, as I said there are only a couple of mitigating circumstances for drink driving, depression is not one of them, he may get advised to seek help regarding the depression by the courts but it won't effect the outcome of the court case.

[waterboatman]

It certainly needs sorting out carrie. Explain all this to you solicitor tomorrow. You need to be with your husband when he goes. you will be able to explain better I would think.

[magicmerlin]

If he was 2 miles from car I can't see how he has been charged with driving under influence. Do they have actual evidence that he had been driving?

If I go out for a few beers I leave car at home but I have car keys on key ring. Could I be charged with drink driving on way home.

Also there used to be an advertising campaign that suggested that if you had been drinking in a pub etc and had one too many that you leave keys with landlord and get a taxi home and collect car next day.

You have to be in charge of car to be charged. i.e. you have to have car door unlocked.

[cherrychapstick]

i agree with magicmerlin in this although you would have told them he was driving they do not know that unless they seen him which is very doubtful when he was arrested 2 miles away from the car for all the police know he was drinking when he got out of the car i know this isn't the way we should be looking at it but this is the evidence