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Rubyred
Dedicated August 2027

Driving ban?

Rubyred, 18 August, 2008 at 16:19 Posted on Off Topic Posts 0 14

Is there a hard and fast rule as to what ban you get when you have been caught driving whilst drunk?

Someone i know had been banned for DD but had been seen on two occasions driving her car. I can't believe that she only got a 2 month ban.

Is there anyway i can find out what ban she was given? It just doesn't sit well with me.

Thanks

14 replies

Latest activity by Carrot, 18 August, 2008 at 20:56
  • Rubyred
    Dedicated August 2027
    Rubyred ·
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    I have no idea how that smiley got on here, and i have no idea how to get it off. Sorry

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  • Mrs Magic
    Beginner May 2007
    Mrs Magic ·
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    Each case is judged individually in court so (although lenient) 2 months is perfectly possible.

    Why would she lie?

    Edited as I sounded too harsh.

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  • Diamond Star Halo
    Beginner October 2004
    Diamond Star Halo ·
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    This https://www.araglaw.co.uk/blog/ says that the minimum ban would be 12 months for a first offence.

    I'm not a lawyer, and have no first hand experience though - I'm sure others would be able to confirm this or put me right.

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  • NumbNuts
    Beginner October 2004
    NumbNuts ·
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    It is perfectly possible, getting less usual, but a good case and you can get it - however her fine maybe huge. I don't know how/if you can find out though

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  • nickynackynoo
    Beginner September 2007
    nickynackynoo ·
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    Generally all the drink drivers that I have brought to court have had min 12 month ban, but I suppose it could be possible if she had a reeaallly good reason (can't think of one, mind, that would get you such a low disqualication for DD)

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  • kjfc100
    Beginner August 2008
    kjfc100 ·
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    I have some legal knowledge and it is my belief that there is an automatic 12 month driving ban for drink driving. I've certainly never seen anything less and I've sat through hundreds of drink driving cases. It can be reduced by a quarter if the accused undertakes a drink driving awareness course.

    You may well be able to find out by calling the listings office at the court she was at, tell them her full name and address and ask for the outcome of the case. Some courts have differing policies but most should tell you.

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  • D
    Beginner June 2005
    Deano ·
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    If it's a 1st DD conviction it's usually a 12 month ban, that can be reduced to 9 months if you take a driver awareness course. Never heard of a 2 month ban for DD.

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  • Emsy Truff
    Beginner
    Emsy Truff ·
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    Can you check with the court if the records of convictions are published? I've done this before for an employee we thought had lied to us about a conviction and the court's clerk told me what his conviction was when I called them.

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  • Rubyred
    Dedicated August 2027
    Rubyred ·
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    Thank you all, as far as im aware there wasn't any reaaaallly good reasons for her to get a shorter ban, she was pulled for being on her phone and then failed a breath test.

    I just wondered if there was any way of checking what ban she got as she hasn't told anyone directly. No of my business of course but if she's still under a ban then thats breaking the law.

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  • NumbNuts
    Beginner October 2004
    NumbNuts ·
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    Actually, just got my highway code out (yes I have one on my desk) and "in the case of serious offences such as dangerous driving and drink driving, the court MUST order disqualification. The minimum period is 12 months, but for repeat offenders or where the alcohol level is high, it may be longer. For example a 2nd drink-drive offence in the space of 10 years will result in a minimum of three years disqualification" (Law RTOA sect 34).

    Did she actually get convicted?

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  • Rubyred
    Dedicated August 2027
    Rubyred ·
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    Thanks NumbNuts - See there was a reason you had that highway code on your desk!

    Yes she did get convicted, she had to go to court and the ban was given at court i just dont know for how long.

    Thank you all anyway.

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  • MD
    Beginner
    MD ·
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    My OH used to work in a pub and a man drank there that had a driving ban. They found out he was driving to the pub, drinking then driving while banned.

    They just contacted the local police and they took it from there - they were very helpful though and said if there were ever any queries realting to drunk drivers they wanted to know.

    You can report things anon. so it might be worth giving them a call?

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  • Roobarb
    Beginner January 2007
    Roobarb ·
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    As others have said I believe the min is 12 months.

    I would call the police, driving while disqualified is viewed very seriously by the courts if that is indeed what she is doing. Presumably she's not insured if she's disqualified, what if she's involved in an accident?

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  • M
    Beginner
    MistyM ·
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    Our local paper used to list the outcome of some court-cases - perhaps check her local paper to see if it was listed? Otherwise, if I suspected she was driving while banned, I would tell the police and let them follow it up - they would easily be able to check if she was still banned or not and then take it from there.

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  • C
    Beginner February 2006
    Carrot ·
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    I'd tell the police what I suspected and let them follow it up. I'm sure they'd be able to keep you anonymous.

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