Drink Driving Query

[Greentinted]

I was told of a person residing in England who was convicted of drink-driving (£500 fine and 15 months disqualification) but there seems to me to be some inconsistencies.
As I understand it from second-hand information imparted on me by the accused.
Admitted to being over the limit and drove home.
A domestic argument ensued and police attended.
Both parties interviewed in different rooms; accused was in kitchen drinking a glass of wine.
Other party, when interviewed, tells police of accused having driven home drunk. Police then breathalised accused and arrest for DD, removed to police station, charged and processed.
At no time was the vehicle checked by the police.

I'm no expert but this just doesnt seem right and the reason that I am interested is that I gave the accused the outstanding amount when a warrant for arrest for non-payment was issued.

Also, what is the correct legal term for Drink Driving (the charge details, as in: section ? under the ? act.) I was under the impression it was, in Scotland at any rate, Section 5: Criminal Justice Act (Scotland) but I may be well wrong.

[Steve-O]

I was told of a person residing in England who was convicted of drink-driving (£500 fine and 15 months disqualification) but there seems to me to be some inconsistencies.
As I understand it from second-hand information imparted on me by the accused.
Admitted to being over the limit and drove home.
A domestic argument ensued and police attended.
Both parties interviewed in different rooms; accused was in kitchen drinking a glass of wine.
Other party, when interviewed, tells police of accused having driven home drunk. Police then breathalised accused and arrest for DD, removed to police station, charged and processed.
At no time was the vehicle checked by the police.

I'm no expert but this just doesnt seem right and the reason that I am interested is that I gave the accused the outstanding amount when a warrant for arrest for non-payment was issued.

Also, what is the correct legal term for Drink Driving (the charge details, as in: section ? under the ? act.) I was under the impression it was, in Scotland at any rate, Section 5: Criminal Justice Act (Scotland) but I may be well wrong.

Isn't it the Road Traffic Act rather than the Criminal Justice Act?

[Greentinted]

Isn't it the Road Traffic Act rather than the Criminal Justice Act?


Every chance, this stuff is miles out of my ken. I recall hearing police offers using the term 'section 5' when referring to a drink driver way back. A pal of mine ended up doing time for persistently drinking and driving and he told me at the time that it was covered by the justice system as opposed to the road traffic one. I really dont know, all I'm interested in is whether this person has taken the piss or not.

[Woody1985]

A boy I know got caught, the police simply stuck their hand on the bonnet and it was hot so they done him. I think someone reported him and they went to his house and arrived a couple of minutes after him.

[Conrad Gray]

I was told of a person residing in England who was convicted of drink-driving (£500 fine and 15 months disqualification) but there seems to me to be some inconsistencies.
As I understand it from second-hand information imparted on me by the accused.
Admitted to being over the limit and drove home.
A domestic argument ensued and police attended.
Both parties interviewed in different rooms; accused was in kitchen drinking a glass of wine.
Other party, when interviewed, tells police of accused having driven home drunk. Police then breathalised accused and arrest for DD, removed to police station, charged and processed.
At no time was the vehicle checked by the police.

I'm no expert but this just doesnt seem right and the reason that I am interested is that I gave the accused the outstanding amount when a warrant for arrest for non-payment was issued.

Also, what is the correct legal term for Drink Driving (the charge details, as in: section ? under the ? act.) I was under the impression it was, in Scotland at any rate, Section 5: Criminal Justice Act (Scotland) but I may be well wrong.

Greentinted, It's Section 5 of the Road Traffic Act 1988. I would agree that the circumstances appear odd.............

[Allant1981]

A boy I know got caught, the police simply stuck their hand on the bonnet and it was hot so they done him. I think someone reported him and they went to his house and arrived a couple of minutes after him.

Did they actually see him drive? dont understand how they can charge someone for drink driving/drunk in charge if they didnt see him in it. I would have been taking it further

[Greentinted]

Greentinted, It's Section 5 of the Road Traffic Act 1988. I would agree that the circumstances appear odd.............

Thanks for that, as I say, my knowledge is well rpoey in this field


Did they actually see him drive? dont understand how they can charge someone for drink driving/drunk in charge if they didnt see him in it. I would have been taking it further

The cops only attended for the domestic (no action taken) and did not witness the car being driven. I too was always under the impression that you had to be 'caught in the act' for court proceedings to ensue.
(It was a she by the way).
I think taking it further would have exposed what I think was a hastily constructed sympathy story, and as I say, I handed her a fair few bob when the fine was well overdue. The whole matter was dealt with extremely quickly too which, having been involved in a few court matters, is not indicative of the usual protracted procedure. England, of course, may be different. (This occured in the Thames Valley police juristiction)

[Steve-O]

Thanks for that, as I say, my knowledge is well rpoey in this field



The cops only attended for the domestic (no action taken) and did not witness the car being driven. I too was always under the impression that you had to be 'caught in the act' for court proceedings to ensue.
(It was a she by the way).
I think taking it further would have exposed what I think was a hastily constructed sympathy story, and as I say, I handed her a fair few bob when the fine was well overdue. The whole matter was dealt with extremely quickly too which, having been involved in a few court matters, is not indicative of the usual protracted procedure. England, of course, may be different. (This occured in the Thames Valley police juristiction)

Not the case, particularly if he admitted it. Had he denied driving, there wouldn't have been much of a case I wouldn't have thought.

[Woody1985]

Did they actually see him drive? dont understand how they can charge someone for drink driving/drunk in charge if they didnt see him in it. I would have been taking it further

He'd been in a bit of bother and got home and left the front door open, the police arrived and just walked in his house and found the keys on him. He's still to go to court for it but he's been charged with another related 'incident'. Basically he's an ********.