Drink driving

[impne]

A member of my family got pulled and taken to the police station just over 5 weeks ago, he was over the limit but we don't know my how much.

The policeman at the station phoned a relative and said he should loose his lecience for 12 months and get a small fine.

Thing is he has not heard anything from the police at all???

Does this mean he has got away with it or does it take time? if it goes over a month can they still do anything.

On another note about this, he has now started to get the bus to and from town and drinking more, I know it's different for everyone but I this he should have been forced to go to an AA meet as it's making him worse than ever. some people never learn I suppose.

[jamesson]

He won't hear anything from the police. Assuming he blew sufficiently high, he would have been charged to go to court within a few days of being arrested. A twelve month ban is mandatory upon being found guilty. The fine will depend on his level of income.

He most certainly has not got away with it. I'm betting he just hasn't told you the outcome. The fact that he's getting the bus suggests he has already lost his licence.

[impne]

He has told someone in the family that he has not heard anything, also he is still driving.

He is retired and never even has a ticket before so if he had lost it he would not be driving. It sounds like he assumed he would loose his licence straight away so he had arranged for his friend to have his car while he was not able to use it but this has not happened.

I assume also he has blow high???? only a guess

So if this goes to court could it takes a few months?

Seems odd if you are probably going to loose it they would let him drive around a weeks before banning him?

[jamesson]

He may have been bailed for a blood sample analysis. If you blow just a bit over, you have the option of asking for a blood sample to be taken. The blood sample will be taken there and then, or with a slight delay if a nurse or doctor is not present at the time.

This can take up to six weeks (judging by my force anyway) to come back and when the result is known, it's either no further action or charge.

A charge would result in him attending court a few days later.

[GDC]

This person has been stupid to drink & drive in the first place.

No sympathy from me - not very helpful I know, but there you go.

[impne]

I am not after a debate on how stupid it is for anyone to do it, this is why I have never drunk. Where I play golf the amount of people who drink at minimum 3 pints and drive home would shock a lot of people but you always get people at golf clubs that do this, also the number of people who have a skin full the night before then are up early to play golf the following morning. If the police wanted to clamp down and sent a message I dont know why they dont wait outside somewhere like that, they would have a field day and very productive one.

[jamesson]

I am not after a debate on how stupid it is for anyone to do it, this is why I have never drunk. Where I play golf the amount of people who drink at minimum 3 pints and drive home would shock a lot of people but you always get people at golf clubs that do this, also the number of people who have a skin full the night before then are up early to play golf the following morning. If the police wanted to clamp down and sent a message I dont know why they dont wait outside somewhere like that, they would have a field day and very productive one.

Perhaps you could tell them about it. You might save someone's life - even your own.

[impne]

Everyone knows someone who does it and the police know about clubs not just golf clubs like this so why don't THEY do something about it?

I know a policeman that I went to school with and he knows every golf club and other clubs are like this but they choose not to target them??

I have mentioned this a number of years ago but I have never seen anybody once outside our golf club stopping anyone.

People do inform but the police choose not to do anything, possibly again not for not wanting too but due to lack of officers available?

[GDC]

This is unbelievable!! Police officers turning a blind eye to a potential death on the road. Should be ashamed.

[Mickey]

They often sit outside the working mens club where i often drink and believe you me they get results there for sure, 1 or 2 ex police officers have actually fallen fowl too so trust me they can and will do it!!

[jamesson]

This is unbelievable!! Police officers turning a blind eye to a potential death on the road. Should be ashamed.


:oold:

[M--O--L--E]

Just continuing on this topic of drink driving :

Ive been searching around for hours trying to find an answer but to no luck :-(

Basically I was wandering what the Drink Drive law was for 17 year old drivers, and whether a 17 year old is allowed by law to have a small drink (ie. with a meal) (staying under the limit) and still drive, or whether because they're under 18 and technically not 'allowed' to drink, they are not allowed to drive with any alcohol content in their body ?

Thanks in advance :-)

[channa]

Interesting question MOLE like one

[oldcodger]

The laws about alcohol and driving apply to everybody who is driving, attempting to drive or in charge of a motor vehicle regardless of age and/or possession or not of a driving licence. So the 11 year old TWOCer i had in the other day had the same limit as an adult.

As far as I can recall from the days when courts dealt with alcohol licensing before it went over to the council, there is no age limit for drinking at home. People who are 16 (?14) can drink beer, cider or wine - but not spirits or fortified wine - with a meal on licensed premises. Note drink NOT purchase.

[fatboyjim154]

Just continuing on this topic of drink driving :

Ive been searching around for hours trying to find an answer but to no luck :-(

Basically I was wandering what the Drink Drive law was for 17 year old drivers, and whether a 17 year old is allowed by law to have a small drink (ie. with a meal) (staying under the limit) and still drive, or whether because they're under 18 and technically not 'allowed' to drink, they are not allowed to drive with any alcohol content in their body ?

Thanks in advance :-)


No different.
You can drink alcohol under 18 as long as you don't drink it in a pub or club and it is not in a public place.

I'm trying to remember back when I was helping with licencing checks I think that If you are aged 16 or 17 you are allowed to buy and drink alcohol with a meal bought in the same place an example is in a restaurant. I may be wrong or it might have changed since then.

[spinlondon]

As I understand it, you must be 18 to purchase alcohol, whether it is with a meal or not, and whilst it is legal for some one over 14 to drink alcohol with a meal in licenced premises, it is up to the discretion of the licencee.

[Masked Marauder]

You are not allowed to give someone under 5 alcohol at all. Anywhere in the UK. It is legal for anyone over 5 to drink alcohol. The restrictions apply to purchasing (under 18 ) and location - on licensed premises or in alcohol exclusion zones.
In England and Wales an adult can buy a 16 or 17 year old beer, wine, cider or perry as long as it is consumed with a meal in an area solely used for meals.
In Scotland 16 and 17 year olds do not need to have an adult present to buy beer, wine, cider or perry with a meal.

[M--O--L--E]

Ok thx for the replies but i think I may have worded my question slightly unclear. I know that under 18's are able to drink at home etc.; the bit I was slightly unsure about is whether 17 year olds can still drive with alcohol in their body, as long as its below the drink driving law limit?

[LXT]

A 17 year old driver can have alcohol in their body as long as it is less than the prescribed limit, the same as for an 18+ year old driver.

[fatboyjim154]

Can drink. but not buy and must be with person 18 or older.

150 Consumption of alcohol by children
(1) An individual aged under 18 commits an offence if he knowingly consumes alcohol on relevant premises.
(2) A person to whom subsection (3) applies commits an offence if he knowingly allows the consumption of alcohol on relevant premises by an individual aged under 18.
(3) This subsection applies—
(a) to a person who works at the premises in a capacity, whether paid or unpaid, which authorises him to prevent the consumption, and
(b) where the alcohol was supplied by a club to or to the order of a member of the club, to any member or officer of the club who is present at the premises at the time of the consumption in a capacity which enables him to prevent it.
(4) Subsections (1) and (2) do not apply where—
(a) the individual is aged 16 or 17,
(b) the alcohol is beer, wine or cider,
(c) its consumption is at a table meal on relevant premises, and
(d) the individual is accompanied at the meal by an individual aged 18 or over.

[Halski]

The obvious question for me is then, define a meal- does a sandwich count? packet of crisps? what happens if they have the meal in front of them but someone else eats it?

[Arryace]

at a table meal
it doesn't say who's table meal
a 16yo could go into a pub with his 18yo mate they order a bowl of cheesy chips and drink until closing time

[oldcodger]

I binned most of my information related to alcohol laws when the granting of licences was transferred from from the courts to the local council so I don't have any statute or case reference to back this up.

My recollection is that consumption of alcohol by a person aged 16 or 17 must be as part of a bona fide meal served at a table. Whether or not a meal would be classed as bona fide will depend on a number of things, among them being if it is being eaten by the young person and if there is enough of it to be reasonably called a meal.

[7db]

I've certainly ordered a bowl of cheesy chips to enable me to carry on drinking in some establishments after hours.

[channa]

I binned most of my information related to alcohol laws when the granting of licences was transferred from from the courts to the local council so I don't have any statute or case reference to back this up.

My recollection is that consumption of alcohol by a person aged 16 or 17 must be as part of a bona fide meal served at a table. Whether or not a meal would be classed as bona fide will depend on a number of things, among them being if it is being eaten by the young person and if there is enough of it to be reasonably called a meal.

Having ran a pub, A step backwards that was in my opinion in comparison to my father that held a Mags issued licence.

I had a situation in my pub where I actually broke the law, but in the most innocent manner, and thankfully no one was the wiser.

I had a father and 17 year old son drink in the place on a Saturday afternoon. The Dad would have a few but the lad was always as good as gold ( apparently didnt like alcohol) and always without exception had a soft drink.

On the day in question it was Dads birthday and the lad asked me if he could buy his Dad a Sambuca as a treat....That is were I fouled up I accepted payment and sold to a minor.

In terms of the Sambuca, I poured it and TOOK IT to his father, Dad knocked it back and that was that.

It occured to afterwards and only afterwards that although the lad hadnt had any contact with the product, or even the glass I had dropped a clanger.

The point is on occasion you can act in best intention and after the dust settles fiind out you were in the wrong.

The licencing laws in respect of Minors, what constitutes a meal, is complex IMHO further complicated for a lot of establishments by the fact Environmental Health have a set of guidelines which dictate to a lot of establishements as what they can and cant do (home made foods v Bought in pre packed)

Channa

[jimzzr]

Everyone knows someone who does it and the police know about clubs not just golf clubs like this so why don't THEY do something about it?

I know a policeman that I went to school with and he knows every golf club and other clubs are like this but they choose not to target them??

I have mentioned this a number of years ago but I have never seen anybody once outside our golf club stopping anyone.

People do inform but the police choose not to do anything, possibly again not for not wanting too but due to lack of officers available?

a cynic might wonder what percentage of golf club members are also freemasons

[fatboyjim154]

a cynic might wonder what percentage of golf club members are also freemasons

Or members of the RAC.

[oldcodger]

a cynic might wonder what percentage of golf club members are also freemasons Why would that be relevant?

For the last 11 years all members of the judiciary have been required to disclose membership of any masonic organisation. A review has shown no evidence of impropriety or malpractice. Note the word "evidence" as opposed to comments by people who have lost cases and blamedit on masonic membership by the judge rather than accept that their defence wasn't good enough.

Before you ask - I am not a mason. I have never been a mason. I have never seen anything during the conduct of a case in court which would lead me to be concerned about the influence of masons.

[Masked Marauder]

I am not a Mason, but I have a mate who is a bricklayer!