Discussion in 'Off Topic' started by stumoores, Mar 26, 2015.

  1. stumoores

    stumoores New Member

    my old apprentice rang me this morning, he got busted last weekend in Old Swan. He had a barney with his girlfriend and jumped in his car after having had a drink. He got pulled and arrested, bailed to appear in June. He was 2mg over in his blood test. Now, he needs his license for his job and they've just had a kid. My question is:- will any amount of pleading help him or is he basically up the junction?
  2. Soviet

    Soviet New Member

    I think it can be done if you can prove you need a licence for your job but most likely will need legal representation to make / prepare a solid case - this is what that Nick Freeman He gets up to when gets footballers and soap stars off the hook ! I think a lot will depend on the magistrate / judge too as they can be inconsistent - previous driving record will obviously count too ( if you're on 9 points already for example, or none) - I think when freedom is granted you still get the points and a big fine and of course your insurance is f***ked but you remain on wheels ....
  3. victor meldrew

    victor meldrew The Tosser formely known as Cupid stunt VIP Member

    Sorry mate but i think hes on a loser as its an automatic ban :(
  4. johnnyrotten13

    johnnyrotten13 New Member

    when you say he was 2mg over, the legal limit which is 35mg i've seen many a police programme on telly were they said they allow upto 39mgs before prosecuting,so was he 2mg over the 39? if so he was 6 over really confusing i know lol
  5. smudger

    smudger I Love SV650's

    12mth ban regardless with option to do £300 course to take 25% off and a fine that's his minimum
    Any previous dui 3 year ban maybe jail
    Worse case scenario 18mth ban big fine
    If he has not held his licence more than two years extended retest at judge discretion
  6. Mozzersaints

    Mozzersaints MOZ VIP Member

    Id ban all drunk drivers for 10yrs
    12 people like this.
  7. Darthsmidge

    Darthsmidge New Member

    Helping a drunk driver get away with it? :palm:

  8. stumoores

    stumoores New Member

    I agree with you Moz, there's no excuse. Shame tho he's a good kid, just gone on full money as well. He's telling the gaffer today, could be worse ie living with a death on your conscience.
  9. Mozzersaints

    Mozzersaints MOZ VIP Member

    when we were kids my.mates sister was run over by a drunk driver, thankfully she wasnt badly hurt. If you had been out drinking and it genuinly a matter of life and death, like your child was dying or summet then ok,but there really is no excuse for it, i can honestly hand on heart say iv never done it under any circumstances
    2 people like this.
  10. Chops Mcgee

    Chops Mcgee Back Marker VIP Member

    I think the minimum is 12 months now, I know two who have pleaded and got no where. Best he can do is plead with work and see if they can make an arrangement.
  11. Alex

    Alex Nankers VIP Member

    :ban:He's Fooked:ban:
  12. johnnyrotten13

    johnnyrotten13 New Member

    i've rode after a pint but only one but would never ride tipsy or drunk and i would never get in a car with a person who has been drinkin
  13. Dave

    Dave Moderator Staff Member

    i sure they will take into account , his previous good record, His age, His job , His admittance, his missus having a kid etc etc etc , they will all sit down with their wigs on and discuss this for 2 hours drinking green tea why he shits himself , then they will appear back in court and Ban him for 12 months
    3 people like this.
  14. smudger

    smudger I Love SV650's

    Mags don't wear wigs and gowns just saying
  15. Barts Dad

    Barts Dad New Member

    This is how the system works.
    If someone fails a road side breath test they are arrested on suspicion of driving with excess alcohol. The device used is a screening device only and gives the officer reasonable grounds to suspect that a person may be over the prescribed legal limit. Those devices are calibrated, but not to the extent that the readings can be used as evidence.
    Once at a police station the arrested driver will be required to provide two further samples of breath on a home office approved device. Failure to provide the two samples without good reason (ie medical reasons) is a straight up offence of failing to provide. If only one sample is provided, the outcome is the same. Person gets charged with failing to provide.
    My experience is that the devices at the police station are incredibly accurate.
    After a person has provided two samples at the police station the device will provide a reading for each sample. It is the lower reading which counts for evidential purposes.
    In number terms 35 is the legal limit. No further action is taken if they blow up to 39.
    Should a person blow 40 up to 49 they have the right to take up what is referred to as the statutory option. The statutory option gives a person the right to have the breath sample replaced by a blood or urine sample. If the statutory option is taken up and a sample subsequently provided, the person will be bailed to return to the police station pending the blood/urine sample being checked at an approved lab for it's alcohol content. The person is given part of the same sample as they have the right to have it checked for themselves. This must of course be done at one of the said approved labs. (Both samples are tamper proof)
    Once tested the blood/urine sample reading replaces the breath readings. If it is over the prescribed limit for alcohol in blood or urine the person is charged when they answer bail.
    Going back to the breath samples provided at the police station. If a persons lower reading is 50 or above it is a straight charge. They do not have the right to take up the statutory option.
    In any event. A conviction for driving with excess alcohol carries a mandatory ban.
    So your old apprentice is fooked.
    A person previous good character/driving record will not avoid a ban.

    For what it's worth Nick Freeman and his company, Freeman & Co, ain't all they are cracked up to be. Ask Barbara Knox aka Rita off Coronation St. She recently got convicted for drink driving after she turned up pissed at a police station to pick her daughter up. Nick Freeman himself represented her to no effect, but he won't gloat about that one, or many others.
    8 people like this.
  16. Soviet

    Soviet New Member

  17. antzx6r

    antzx6r New Member

    I did once on a bike

    Long story short I ride around the corner from a house with my arm thur my bike helmit To get my bike away from the house as it was being attacked with a pan an a hammer

    When the police car pulled up I was sat on the kerb pissed with a hammer tucked in my pants

    They stayed in the car told me to the hammer on the floor lol and stand still

    One thing thing that saved me was the fact I rang the police about 10 minutes before explainning I had a crazy bint trying to kill my bike ( they said its ok for this to happen )

    They said if they see me riding the bike they would do me for

    The drink an riding
    The so called weapon

    I was lucky I pushed the bike to a mates house then the bint knocked on saying she was locked out the house ?
    Me bring insane walked back to the house tried to climb up to the bedroom window which was strangey open a little hanging on be my finger trying to left my self up to the window the crazy bint pulled me off the by pulling on my leg

    After hitting the grass winding my self the bint proceeded to open the front door with her key


    Moral of this story is

    Booze cars/ bikes / bints sometimes don't mix
    4 people like this.
  18. Dave

    Dave Moderator Staff Member

    I didn't mean " those wigs " smudge I meant hair pieces , quite a few JPs have wigs or transplants , cos they think they are ace and superior .....when they are not
  19. Dave

    Dave Moderator Staff Member

    Was you pissed when you wrote that ant ? Hic ....I can't understand sin tellins language
  20. antzx6r

    antzx6r New Member

    I'm high on yorkshire tea bags
    5 people like this.

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