drink & driving (will I go to jail)?

Question

Very ashamed pensioner Granny. Someone reported me to the police I was not stopped on the rd the police arrived at my home.I did not cause any damage or harm to myself or anyone.6 hours in a cell was quite a shock.(I have to go to court I am worried that I wil have to go to prison)do I need a soicitor? I have been driving for 42 years and up untill now a clean licence

Answer 1

You will not go to jail. Most probably if the police carried out the usual 'tests', breath and blood etc., and they have proof you were over the booze limit, then what will happen is you'll get points on your license or your license may be suspended for a period. You need a solicitor, someone to help you in court.

No worries. Take care. Remember, you are innocent until they prove otherwise and they may not have the proof they need to find you guilty. This is where you lawyer comes in.

Good luck.

Edit: Tim above is quite right. How indeed did the cops know you have been drink-driving? You must have made some sort of confession, verbal or written. Get your lawyer to deny this, say it's a pack of lies that you felt threatened, they the fuzz told you that you could not be released until you confessed. That sort of thing. Force the fuzz to bring everything into court. Go for it!

Remember - you are a senior citizen who feels she has been held unlawfully, arrested in her own home and made to confess to something she has not done.

Answer 2

got to agree with ascoile on this one-the regulations state that you will be prosecuted if the evidence shows 'you were driving ,had been driving or were about to drive any mechanically propelled vehicle in a place to which the public have access' while either unfit to drive or over the alcohol limit. to gain a conviction the police have to prove conclusively that you were driving the car-if you were not seen to be driving the vehicle by the officer/s (or even sitting in the driving seat-the engine doesn't have to be running neither do the keys have to be in the ignition) then they cannot convict. although the person who reported you had every reason to believe you had been drinking they do not have the resources to determine whether you were over the limit or not. so on this occasion i would deny driving the vehicle (but this is what i would do-i am not suggesting you do the same-but check the facts out first). this does not mean to say what you did was right-it was damn foolish not only did you put your own life at risk but the lives of others as well-don't do it again. if the police can prove you were driving the car then it will usually be (for a first time offence) an automatic ban on the licence (usually for a minimum of 12 months) and a heavy fine. you will in all likelyhood not go to jail if you ask for leniency (remember-when dealing with the bench politeness always pays dividends). and in any case in todays climate of prison overcrowding a custodial sentence is even more unlikely.

Answer 3

Drink driving is very rightly frowned upon, down right dangerous for you and all other road users, how ever, that said, you got home in one piece, no damage was caused, and then the police arrived. What evidence do they have to proceed with a proscecution?

Did you have a drink in the house before they arrived?

There is certainly no need to be worried about going to jail, at worst you will get a 12 month ban and a fine.

You ought to be talking to a solicitor

Answer 4

If I had my way you'd be looking at a life long driving ban and a lot of community service - in response to putting the community at risk.

Anyway.

You'll get a 12 month ban. That's the standard for a first drink driving offence. There's absolutely no way you'll go to prison.

If you're pleading guilty you don't need a solicitor - there's nothing to say. If you're contentisting the charge a solictor will do a better job than you explaining your reasons.

Really hope you learn your lesson from this.

Answer 5

DRINK DRIVING KILLS!!!!!..how many messages do the Police and other driving agencies have to get it over to you people!! My brother (fireman 22yrs old) me ( policeman 28yrs old )..have seen babies/children/adults killed, lose there fight for live at the road side, because of drink driving!. and yeah im not afraid to say that I too have needed counciling for what I have seen!!!! That is someone else son/daughter/brother/sister etc..and we are the people that have the task of telling the relatives and the circumstances to there deaths!

fortunately, you didn't kill anyone..but thats not an excuse you were caught and good too!

The magistrate court will decide your fate..you will lose your license for normally about year if is your first offence and depending on what your two samples were?..I very much doubt they would send you to prison..and would take into account that youu are a pensioner...but I CANT tell you EXACTLY what would happen..every case is different!..If I had my way you should be locked up..shown graphic photos of people that have been killed...and speak to the relatives that have lost loved ones through drink driving..then I still don't think it will get the message across

Answer 6

It's probable that the police have evidence that you were driving, perhaps they saw you on the road but weren't able to stop you at the time.
If they can prove you had been driving, or if you perhaps a little unwisely admitted that you had been, they could indeed prosecute you.
It's up to you whether you contest it or not, but I suspect you don't intend to. In that case you don't need a solicitor, you just plead guilty before the court and they will look at your record before deciding on a sentence. It won't be prison. It is likely to be a 12 month ban and a hefty fine.

The court will doubtless ask you if you have anything to say before they pass sentence, and no doubt you will be apologising for ruining your spotless record and for taking up the court's time. They will listen.

Answer 7

I thought you were a kid asking when I read the title.

Solicitor... you should have clarified what country you are driving in... as that affects whether or not you'll go to jail.

Consider yourself blessed by God that you didn't harm yourself or anyone else. Bottom line: They should take away your license and not allow you to drive any more. I've been driving 48 years and I'm ashamed of you !!!

Answer 8

I think what you have been through will be enough to ensure this won't happen again, drink driving is very dangerous, for yourself and others. Get yourself a good solicitor, and give the magistrate (judge) a letter of apology and show your remorse. I very much doubt you will go to prison if this is your first offence but you will have your license taken of you for a period of time and get a fine.

Answer 9

I'd say you do not have to worry about prison one bit. As long as you did not damge public property or a person, you will be alright. Now, you probally will get points on your license and fines, but don't worry abut jail. If you hit an oncoming car and hurt the driver, you probally would have a chance of going to jail.*

Answer 10

It's a statutory ban for drink driving and so it should be!

Ironic really that women drivers and people over 50 generally get cheaper car insurance because they are classed as 'better' drivers......