A friend of mine depends on being able to drive for her job (her employer will sack her if she gets a driving ban) - she failed a breath test in her car (outside her house) at 84mg. She has six non-drink related points - how can she avoid a ban and get a big fine instead?
2006-06-08 11:42:19 · 9 answers · asked by Nefeco 3 in Politics & Government ➔ Law Enforcement & Police
MaleJocelyn - I can't message you as your "contact you" thing on your profile is switched off! Thanks, though...
2006-06-08 11:49:08 · update #1
bev k - see, the point is that that's what *usually* happens - instant ban - but not always, depending on the defence or plead you give - which is why I asked for answers from people who know what they''re talking about, not just members of the public who THINK they do (but thanks anyway)...
2006-06-08 11:51:17 · update #2
Oh, and, bev, it's "instant", not "instance".
Try www . dictionary . com
2006-06-08 11:52:25 · update #3
Oh for goodness' sake - will all the know-it-alls who know nothing just shut UP! My ex- got off a drink driving charge a while back because of similar circumstances sk I KNOW it can be done...I'm asking for someone with expert knowledge to explain HOW...so, if your answer is going to be like the other "sorry, instance [sic] ban" goofs please just don't bother!!
2006-06-08 11:59:02 · update #4
Probably best if you message me on this one. Your friend has some possible options depending on the circumstances.
2006-06-08 11:46:46 · answer #1 · answered by malejocelyn 2 · 1⤊ 1⤋
If she is convicted she is going to get the points, no matter the fine. Points don't work like that.
In many places you lose your license for 6 months even if found Not guilty or the charges are thrown out, by the licensing agancy.(which I think is a crock)
The only way id to beat the charges and if you get a good DUI lawyer, and ther are not a lot, get one. It is going to be expensive, but well worth it as many have very high success rates!
She may be able to take a degensive driving course, before a nonviction and get some points taken off her record!
Some places, not mine, Have hardship cases which allow you to drive to work only!
In GB they are tough. You get 3-11 points just for a DUI conviction and if she also gets the 84 speeding conviction. If her licences is taken she must reapply AFTER he period of revocation. Her Best Bet is to Beat it. There is anly 1 challenge to the conviction an that is on a basis in law!
2006-06-08 19:00:20 · answer #2 · answered by cantcu 7 · 0⤊ 0⤋
I have recently returned from a 3 year ban - for 87Mg breath test.
However, the 3 years was imposed (I just escaped jail this time!) as I had a previous DR10 within the specified period stated in the law.
But, sadly to say - your mate is losing the right to drive for at least 12 months. Not only that, she will incur all of the added expenses as follows:
FINE + COSTS
LOSS OF EARNINGS FOR COURT ATTENDANCE
POSSIBLY NEED TO SELL CAR AND LOSE OUT
TAXIS, TRAIN & BUS FARES
...and, worst of all.....
RENEW INSURANCE IN 12 MONTHS TIME.
Answer from someone who knows already (I am back on the road now at a price), is this:
Drink indoors - and have your car stolen on the evening!
2006-06-08 20:05:48 · answer #3 · answered by Kewl Dude Ganda 3 · 0⤊ 0⤋
Hi, first and foremost the facts of the case are a bit sketchy, she was in her car outside her house. Had she been driving it? If not it would be a different charge altogether. Did she even have her keys on her? in this event it would be highly unlikely any charge could stick. Will check again in a few days time.
2006-06-09 19:30:40 · answer #4 · answered by ligiersaredevilspawn 5 · 0⤊ 0⤋
What special circumstances? Why do these people break the law, in this case, endangering innocent people while drunk-driving, and then expect the law to be lenient, fair and reasonable, when they couldn't be..? I'd sooner see all drunk drivers get thirty days in jail for the first offence. It would be a deterrant, and once would be enough for all but the stupidest .
2006-06-08 18:59:45 · answer #5 · answered by Anonymous · 0⤊ 0⤋
If it is in the UK she is f*cked, unless she was driving her ageing mother to hospital because she was having a massive heart attack and all of the ambulances has disappeared off of the face of the Earth at the time.
She would need to find a loophole in the law - something that no one else has yet done !!!
2006-06-08 18:55:11 · answer #6 · answered by cavinue 3 · 0⤊ 0⤋
Are we to assume she was in the process of leaving and hadn't started the engine, but was still accused of being drunk "in charge" of the vehicle?
(you will need to say so an expert can answer (not me!))
2006-06-08 19:05:19 · answer #7 · answered by Quasimojo 3 · 0⤊ 0⤋
get driving in Pakistan. You can never ban. or you can get everyday a fresh licence to drive.
2006-06-09 03:13:15 · answer #8 · answered by Anonymous · 0⤊ 0⤋
in the uk its a instance ban sorry
2006-06-08 18:48:01 · answer #9 · answered by bev k 3 · 0⤊ 0⤋