Motoring Discussion > Fair Sentence for these infringements? Legal Questions
Thread Author: Meldrew Replies: 27

 Fair Sentence for these infringements? - Meldrew
A 29 year old male, on a 6 figure annual salary is going to court charged with

1, Drunk Driving
2. Driving while disqualified
3. Driving while uninsured
No charge for the collision which occurred, so far.

What does the forum think would be a reasonable sentence and is it likely to happen?
 Fair Sentence for these infringements? - Iffy
The biggest impact on sentence will be how drunk he was, and if he's done it before.

He's done something before to get disqualified.

 Fair Sentence for these infringements? - Jetski
Red card?
 Fair Sentence for these infringements? - Zero
I hope he has got a good brief.
 Fair Sentence for these infringements? - R.P.
Any injuries ? (Not to him, he doesn't matter in this case). Did he stop ? Any mitigation ?
Last edited by: R.P. on Mon 30 Apr 12 at 16:18
 Fair Sentence for these infringements? - Old Navy
>> Any mitigation ?
>>

Are you serious? Drunk, no licence or insurance, maybe a few others.

That would need a brief with a brass neck and a huge invoice. :-)

 Fair Sentence for these infringements? - zookeeper
5 year ban....and hefty fine
 Fair Sentence for these infringements? - Runfer D'Hills
3 Months sharing with Big Eric. Likes young rich guys does Big Eric...
 Fair Sentence for these infringements? - R.P.
He'll probably get a "bender" - he'll need a good brief as well. Again there are other matters to consider...he must have some form, depends whether he was done for drink driving to earn his ban, whether he's had a community sentence. Also depends on the Bench, availability of prison spaces and he quality of a PSR.
 Fair Sentence for these infringements? - R.P.
Oh and if it's a guilty plea...
 Fair Sentence for these infringements? - Meldrew
Isn't one possible penalty for uninsured driving to have the car confiscated and crushed? That would sharpen the child up!
 Fair Sentence for these infringements? - R.P.
Have the cops seized it ? They won't crush anyway just return it after evidence of insurance is produced by someone...
 Fair Sentence for these infringements? - Lygonos
I'll reckon 3-5 year ban and £2000fine/costs.

Probably an extended test, especially if previous ban for DD.
 Fair Sentence for these infringements? - madf
I heard hanging,drawing and quartering is being reintroduced to cut the jail queues...
 Fair Sentence for these infringements? - Old Navy
>> I heard hanging,drawing and quartering is being reintroduced to cut the jail queues...
>>

Far too lenient for some. :-)
 Fair Sentence for these infringements? - Meldrew
Supplementary Question! If he saves his car from being crushed, by presenting valid insurance, what premium will he have paid for it?
 Fair Sentence for these infringements? - R.P.
He won't get insurance if he's a disqualified driver. Someone else could though, but that might be complex or simple..depending on who now owned the car so to speak. At some point they may well "dispose" of it, depending on condition/value not necessarily by crushing it
 Fair Sentence for these infringements? - L'escargot
>> A 29 year old male, on a 6 figure annual salary is going to court
>> charged with
>>
>> 1, Drunk Driving

There's drunk and there's drunk. I wonder how drunk he was.
 Fair Sentence for these infringements? - Meldrew
More than twice over the limit. The court case was heard today. In mitigation it was stated that the accused had been dumped by his lady friend and he went to a night-club to get over it. He drove home because he couldn't get a hotel room in Central Manchester. I wonder how hard he tried, perhaps it is a problem area or there was some big event on which filled the hotels?

He has been given a 3 year ban and an 8 week prison sentence, suspended for 12 months.
 Fair Sentence for these infringements? - Bromptonaut
Ahh so it's this young man then??

www.bbc.co.uk/news/uk-england-18073816
 Fair Sentence for these infringements? - Meldrew
The suit is a blot on the landscape!
 Fair Sentence for these infringements? - L'escargot
His suit was nice but it would have looked better with a black velvet collar.
 Fair Sentence for these infringements? - borasport
Hmmm - 'home alone' in Sandbach and your mates invite you to join them at a nightclub 20/30 miles away - nobody I know would travel that far to that sort of place without thinking of what they might drink and how they would deal with it.

And I'm sure the taxi fare would have been affordable for somebody on his salary
 Fair Sentence for these infringements? - Iffy
The Stoke Sentinel has the sentence:

www.thisisstaffordshire.co.uk/Jermaine-Pennant-handed-suspended-jail-sentence/story-16088023-detail/story.html

And another story about Pennant being involved in an alleged punch-up in a nightclub.

Footballers brawling drunkenly in the early hours?

Highly unlikely.

 Fair Sentence for these infringements? - Runfer D'Hills
Lifetime ago, a mate of mine came out of a nightclub in London totally leathered. His car was outside but he was absolutely off his face. The guys he was with were going on somewhere else and didn't really want to have to lug the wobbly man with them so they put him on the back seat of his Capri ( shows you when it was ) to sleep it off.

Following morning he woke to a tap on the window. The car was on a single yellow which had come into force at 08.30 and a copper was trying to get him to move it.

Still Brahms and Liszt, he told the copper the truth about why he found himself there. Initially, Mr Plod told him he was therefore probably in deep fertiliser as he was technically in charge of the vehicle. This all got a bit heavy duty until it transpired that either deliberately or otherwise, his mates had actually taken the keys away with them. Presumably to prevent him from driving if he woke up or maybe just by mistake.

This led to a conclusion by the cop that Mr Hangover wasn't actually in charge of the car as he had no keys and in fairness had been found fast asleep on the back seat. Still got a parking ticket though.
 Fair Sentence for these infringements? - Meldrew
The keys are the crux of it, as you observe. Years ago a friend of mine skidded his car into a ditch and set off to walk home, at night. 2 miles for the scene he was stopped and subsequently charged in connection with the incident on the basis as he had the keys in his pocket he was in charge of the car, legally.
 Fair Sentence for these infringements? - Harleyman
>> Hmmm - 'home alone' in Sandbach and your mates invite you to join them at
>> a nightclub 20/30 miles away - nobody I know would travel that far to that
>> sort of place without thinking of what they might drink and how they would deal
>> with it.
>>
>> And I'm sure the taxi fare would have been affordable for somebody on his salary
>>

"Professional footballer" and "think" in the same sentence? Doubt it! ;-)

But I agree with you about the taxi.
 Fair Sentence for these infringements? - Leif
The ban seems fair, the lack of a prison sentence is a bit off IMO. I would have thought that since he was already banned, he would need a real punishment, such as a week of porridge. And as said, there was no reason not to order a taxi. I wonder how often he drove the car without insurance or a licence?
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