drink driving

Up one level

Can I use the Rehabilitation of Offenders Act to avoid declaring a drink driving conviction to my insurer? — by conrad — last modified 2008-08-24 11:32

If you receive a DR10 and a fine at age 17 do you only have to declare it to insurance companies for 2.5 years due to the Rehabilitation of Offenders act? I believe the crucial thing is age. It's 5 years if 18 at time of offence but 2.5 years from the date of conviction if under 18?

Can a lorry driver banned in the UK still drive in Europe? — by conrad — last modified 2008-08-05 18:08

I have been banned from driving in the U.K for a period of 20 months, which I'm appealing against. My question is, can I drive on European roads? I'm a international truck driver and am in the middle of purchasing my own truck for international work. I have a driver who will drive it to the docks and board the ferry. From there it would be me that will be driving on continental roads if it's possible from a legal stand point.

Is there any way I could shorten the three year ban I got for drink driving? — by Maria Mason — last modified 2008-07-02 12:56

Is there any way I could shorten the three year ban I got for drink driving in March 2007? I was only just over the limit and they couldn't make a decision on the breath sample so they had to take blood, that's how close it was.

I was banned in March 2006 for three years for drink driving. I did not complete the drink driving course due to child care problems. Can I apply for my licence back now? — by Maria Mason — last modified 2008-06-26 12:17

I was banned in March 2006 for three years for drink driving. I was given the opportunity to take the drink driving course which can reduce your ban by 25% but I failed to complete it as I am a single parent and had no child care. Can I apply for my licence back or another chance to do the course?

If I drive in Europe and commit a driving offence can I be fined in the UK and get points on my UK licence? — by conrad — last modified 2008-06-25 18:38

I am due to go on holiday to Spain soon and want to hire a car out there. I am very unsure on motor offence criteria. If I was caught for an offence would I (a) get a fine and (b) receive penalty points on my UK licence? I have tried to read as much as possible on this and it was suggested that foreign authorities were about to contact the DVLA for any offences committed abroad. This would mean not only could you get fined twice but also get penalty points and not have any way of contesting it. Has this come in to force now?Also if you are caught on a camera does this mean you could also get points/fine and would have no idea about it until you get back home. I would be happy to pay a fine on the spot for an offence committed but object to a fine which I would not be able to contest after the fact which would seem to be a licence to print money !

I was stopped by the police and given a breath test which I failed. I need my licence for my job, will I be able to keep it? — by Maria Mason — last modified 2008-06-23 17:25

I was stopped for overtaking on double white lines and was given a roadside breath test which I failed. I was then taken to the police station and given more tests. The first test was 44mg and the second test was 42mg then I had to wait for a doctor for a blood test and I am still waiting for the results. I have never been in trouble with the police before. I live in a village so need my licence to keep my job, do you think I will keep my licence?

I have been refused an HGV on the grounds that I drink too much but have never been convicted of anything: can I claim compensation — by conrad — last modified 2008-06-23 10:20

I was running a pub and decided to reapply for my HGV licence. I was interviewed by my doctor and subsequently I was refused my licence HGV on the grounds that I drink too much. I have never been convicted of anything. What are my rights to appeal and can I claim compensation

Charged with Drink Driving causing damage and leaving scene. What penalty might I face? — by conrad — last modified 2008-03-31 14:07

I have been charged with driving over the limit, causing damage to another car, and leaving the scene of accident. I can not remember the accident driving my car. I was wanting to know what charge I'm looking at this is a first offence.

Had a car crash and suffered injury. Blood showed over the limit but the offence has not been reported: will it be an abuse of process if a summons is issued? — by conrad — last modified 2008-03-25 22:43

A family member had a car crash and was taken to hospital where blood was taken. This has come back 2.5 times over the limit. As yet he has not been reported for the offence by the police. If a summons arrives without having been reported would this constitute and abuse of process?

Person injured in car crash where blood tests showed he was over the limit: can he be prosecuted if he has not been given a Notice of Intended Prosecution? — by conrad — last modified 2008-03-19 12:53

A family member had a car crash and was taken to hospital where blood was taken. This has come back 2.5 times over the limit. As yet he has not been reported for the offence by the police. If a summons arrives without having been reported would this constitute an abuse of process?

Had car accident but had failed to notify the insurer at time of quotation of a long-past drink driving charge and now they are refusing to pay out... — by conrad — last modified 2008-02-14 22:56

I had an car accident on 22 January and I am insured with elephant .co.uk. The accident was blamed on me because I hit the car from behind. The insurance company is saying that because I had a conviction DR1 in 2001 and I did not inform them about it they wont pay any cost of damage against my car and the have written it off. I had fully comprehensive cover with 6 years' no claim bonus up to the crash. Can you please advise me what to do now?

Drink driver banned for three years: how soon can I go to curt to ask for a shorter ban and how much reduction will I get for undertaking a Driver Rehabilitation Course? — by conrad — last modified 2008-02-02 13:38

I have currently served 18 months of a 3 year ban for 2 Drink Driving convictions within the space of a month. I undertook a court-imposed drink drive programme for Drink Driving and was also given the option to sit a rehabilitation course to reduce my ban by 9 months. I intend to do this within the next fortnight. After completing this can I return to a court to ask for my licence back early as I have a new job offer for March which requires me to have a licence.

I have been arrested for drink driving: can the prosecution bring up a previous 13 year old conviction up in court and how will this affect the sentence? — by conrad — last modified 2008-01-29 16:38

I have just been charged with drink driving and am worried about the outcome as I was convicted about 13 years ago for the same offence. Can they bring the previous offence up in court and how will this affect my current sentence?

Found guilty of drink driving at double the limit four months after passing my test: will I have to resit my test when the ban ends? — by conrad — last modified 2008-01-28 10:39

I was found guilty of drink driving and lost my licence in a 2 year ban and got a £300 fine. I had only held my licence for 4 months and was twice over the limit. Will I have to resit my test when ban is up?

Disqualified in Northern Ireland but Lithuanian driver receives only NI provisional licence in exchange and DVLNI have lost his Lithuanian licence... — by conrad — last modified 2008-01-21 06:43

My friend was disqualified from driving for 12 months, due to drink driving. He lives in N. Ireland and was the holder of a Lithuanian licence. He never received his licence back and was told by DVLNI just to apply for a transfer of licence. He did this and eventually was issued with a provisional licence. He was never told that he would get a provisional licence and was always under the impression from the DVLNI that this was just a transfer to N. Ireland licence. At that time they said that they posted his Lithuanian licence back to him almost 10 months earlier but he never received it. Is he entitled to have his Lithuanian licence back? Should it have been sent back to him? Should it have been sent back to the authorities in Lithuania?

Involved in argument with aggressive boyfriend so I drove somewhere in an attempt to be safe but was reported for drunk driving... — by conrad — last modified 2008-01-18 09:46

I was done for drunk driving 2 weeks ago and have a court date shortly in Scotland. I was over the limit (reading was 70, limit 35) but wondered if there was a chance of a reduced ban/fine given the extenuating circumstances as follows: I had had a huge row with my boyfriend and was immensely upset so, around 2am, to escape the row I got into my car to sleep there. he came out, battered on my window until I went back in. There was more rowing and I hated his anger so went back out. He came back out and battered at the window some more. I went back in - more rowing and anger - so I went back to the car. I was so upset and so scared of his anger that all I wanted to do was find somewhere I could go that I would feel safe until the morning. I stupidly drove half a mile to Tesco car park and while driving in to park, I hit an advertising sign. I parked and security people at Tesco took me into store and called police. The police said I would get 1 year ban and probably a £300 fine but seeing how upset I was and hearing my story suggested I speak to a lawyer. I have never done anything like this before and am totally shocked about it. I haven't touched alcohol since and have told boyfriend I will never see him again. I have 30 year history of depression that I get 3 session a week counselling for that I will have to stop if I don't have a car; I share the care of my children which involves a lot of driving and this would hugely impact upon my ability to be there for them; I run my own business with clients all over Scotland and beyond, and again very much dependent on my car. Can you let me know if you think it is worth me setting this case out to see if the sentence is reduced - if so, how should I do this?

Young driver survey finds 25% admit to having driven under influence of drink or drugs — by Conrad Murray — last modified 2007-11-22 07:22

Almost a quarter of young male drivers have got behind the wheel having had alcohol or drugs, a survey suggests.

Person suspected of being driver but was not refuses to give breath test or blood sample... — by conrad — last modified 2007-11-12 10:13

If I am suspected of being the driver, although I was not, do I still have to give a breath specimen and give a blood sample?

Drink driver caught for third offence: what are the likely penalties and can we assist? — by conrad — last modified 2007-10-11 10:58

I have been charged with a driving offence my level being 57 as compared to the 36 normal. I have two previous offences of the same nature, the first for a year, the second for 3 years, a £750 fine, 6 points and 120hrs community service. I finished my sentence in July this year. My dad passed away last week and my sister also died last Sunday which is the day I was arrested for drink driving. I had just been in an argument with my partner over money matters and that she wants a divorce. I have not been driving for a long time but with all this pressure on my mind it was an impulse thing for me to take the car and go to meet a friend just to talk over my problems. I had two drinks which I did not think would be over the limit. I also took some pills to make me go to bed and Nurofen for headache. I was stopped on my way home and failed the drink test. The previous time I was caught I was under so much stress because I had lost my mother. With all this in consideration, what is the worst case scenario? Could this be a custodial sentence? How can you help me in terms reducing my sentence as well as avoiding a custodial one? I have three children all under the age of five and one who is 10months. I am the bread winner but my business has just collapsed.

Driver receives discretionary ban and is caught again for more than 100mph in a 70mph limit: what penalty can I expect? — by conrad — last modified 2007-10-08 18:21

I am currently serving a discretionary 3 month ban for speeding. In the period between receiving the summons for this offence and the date of the hearing (some 3 months later) I was caught again (over 100mph on a 70mph motorway) and have received another summons. Obviously I do not have a license to surrender at the new hearing. My question is should I expect to receive a similar discretionary ban at this hearing to run concurrently, or is there a minimum ban that will be applied? I have 3 points from just over 3 years ago (although within 3 years of the two offences this year) but no points from the recent offence.