What Punishment Can He Expect

[CartyOwl]

My friend's ex-husband is in the Magistrates Court this Friday, and I was wondering what punishment he can expect?

He was caught drink-driving, with only a provisional licence (no-one else was present), he had no tax, Insurance or MOT.

Any thoughts of the likely outcome?

[shoota]

If found guilty he will get a ban of at least a year, points, a fine and costs all depending on his previous history.

[CartyOwl]

P.S He was also banned for drink-driving approx 15 years ago

[hc4361]

He could get a 6 month prison sentence. All offences and penalties here:
http://www.drivingban.co.uk/drivingoffencespenalties.htm

[EDDIE51]

I think the 15 year ago ban is 'spent' now so can't be used to increase the penalty. He will get a ban plus a fine and be reported for the no tax.
It is possible he will get a 6 month prison term , if so he will only serve 3 months and probably get out 'on tag' for the last month so only 2 months actually 'inside'. With only a provisional licence and no supervising driver he could not be insured anyway so the 'no insurance' is not going to change anything. The car should have been impounded and will be crushed or auctioned depending on if it is worth anything. The government keep any money from selling impounded cars it will NOT go towards his fine.

[FredPuli43]

Can't think that prison is at all likely. A ban and a fine are inevitable. The ban may turn out to be longer than 12 months if the reading was very high or if the court thinks that no insurance merits a longer ban.

Driving uninsured is taken seriously by the courts, but this is a first offence by a man with a comparatively good record.

[EDDIE51]

Fred depends on the court, our local court is notorious for sending no insurance cases to jail, other places barely use that option.

[New Judge]

Look on page 126 of this document:

http://sentencingcouncil.judiciary.gov.uk/docs/MCSG_Update9_October_2012.pdf

You will see that the penalty (and the length of ban) for excess alcohol depends on the level of alcohol in breath (or blood or urine if applicable). You will also see that custody is not normally considered until a level of 120 in breath is reached (about three and a half times the limit). A disqualification of at least a year is mandatory.

I don’t know where Eddie’s local court is but in England and Wales (and I believe the same holds true for Scotland and Northern Ireland) one cannot be sent to prison for the offence of no insurance. A glance at page 130 of the same document will show that the maximum sentence is a level 5 fine (£5,000). This, and the licence offence, will be dealt with by way of a fine and an endorsed licence. No points will be awarded as one cannot receive a ban and points for offences arising from the same incident.

Your friend’s ex may be offered the chance to take part in the drink drivers’ rehabilitation programme. If he completes this (the cost is around £192 in most areas) his ban will be reduced by 25%.

[FredPuli43]

It's unlikely that your friend's husband will have a reading of 120 in breath (276 in blood). That is nearly 3 times the legal limit. To give you an idea, a normal person would not only be incapable of driving with that level of alcohol. they'd be comatose. Only really hardened drinkers, alcoholics though seldom admitting it, get anywhere near that; social drinkers manage only about one and half times the limit at worst. At 150 in blood (80 is the limit) they'd have difficulty in standing or walking at all.

That's why people over 3 times the limit and above are jailed. The level must mean that they are over the limit virtually every time they drive, because they can't function without alcohol below the limit, being alcoholics, and so they are undetected repeat offenders.

So unless this man is a very serious, addicted, drinker with that very high level, he won't be jailed.

[EDDIE51]

Sorry I was getting confused between no insurance and no insurance because the driver was disqualified, it is no insurance and disqualified that I was thinking of.

[FredPuli43]

^function with alcohol below^