Moving a Car Whilst Drunk

[houlihan]

Hi, I have a friend who is in the unfortunate position of being caught for drink driving. Whilst I do not agree with his actions he was only moving the car from a place likely to cause an obstruction the following morning. He moved the car only about 10 feet but the police where called by a neighbour who had heard the party next door.

My question is: I'm sure there would be mitigating circumstances surounding this as he was only moving the car so as not to cause danger the following day.

some advice I can pass on would be great.

[Ethel]

No mitigating circumstances at all, sorry.

A few years ago it was reported in the newspapers that a registered keeper was woken up in the middle of the night by the police who needed him to move his car from the country lane outside his home.

He drove it a very short distance, a police officer could smell alcohol and breathalysed him. He was done for drink driving.

[Pippa68]

I heard somewhere that a guy came home drunk, got into a ruck with his wife & slept in the car.

He had his keys in the ignition as he wanted to listen to the radio, and his headlights were on as they hadn't been switched off earlier..a passing police car noticed his lights were on full beam, so stopped to tell him. The guy was breathylised and done for D&D.

I cannot say if this is true as it was a friend of a friend story...

[Barmaid]

I don't know all the facts but it seems as he is in an indefensible position. However, when convicted he may (albeit its a long shot) be able to raise an argument of "special reasons" due to the shortness of distance driven. Special reasons relate to the offence and not the offender. If the magistrates find special reasons (and it is for HIM to prove on the balance of probabilities), they then have a discretion either not to ban him or to ban him for a shorter period. Special reasons is a complicated area and I would suggest that he seeks urgent legal advice.

Incidentally, did the police actually catch him driving? if not, how long after was he breathalysed and had he consumed alcohol in the meantime?

[dannydingbat]

I have heard the "I was only moviing it to avoid a ticket/obstruction/crime being committed" story about 6 times now in my legal career. I think he may well be trying to convince himself and others that he isn't as stupid as he obviously is.

[RATTER15]

How old is that story LOL!!!

Ban him!!!

[Catso]

You give the impression that he moved the car, possibly went back to the party, and the police turned up afterwards. If that were so, he would have some defence.

Alternatively, if he did only move the car 10 feet, how did the police manage to appear in that small time-frame after they were called by the neighbour? As Barmaid says, did they actually turn up, and see him driving, in the few seconds you claim he was driving?

[JudgeJ]

If convicted of the offence of excess alcohol the magistrates have no option but to pass a minimum disqualification of 12 months. (This may be reduced by 25% if the offender is offered and successfully undertakes a drink-driver�s rehabilitation course). The �special reasons� argument to which Barmaid refers is not available for the offence of excess alcohol.

If the magistrates believe that the vehicle was moved the short distance described they will take this into account as mitigation, but this will only serve to reduce the fine/community penalty/term of custody imposed. It will not reduce the disqualification below 12 months.

[klondike118]

if you drink and drive you should be baned for life and named and shamed .