Notices
ScoobyNet General General Subaru Discussion

Legal Eagles please !

Thread Tools
 
Search this Thread
 
Old 17 October 2007, 07:51 AM
  #1  
dunx
Scooby Senior
Thread Starter
iTrader: (3)
 
dunx's Avatar
 
Join Date: Jun 2006
Location: Slowly rebuilding the kit of bits into a car...
Posts: 14,333
Likes: 0
Received 0 Likes on 0 Posts
Default Legal Eagles please !

My neighbour crashed and killed a passenger, now emerges that he's being charged with "DUI" driving under the influence of (prescription) drugs, and we think driving without due care....

Anyone like to guess at the possible punishment, I think a ban is likely or am I wrong ?

TIA

Dunx
Old 17 October 2007, 08:08 AM
  #2  
Snazy
Scooby Regular
 
Snazy's Avatar
 
Join Date: Dec 2006
Location: S.E London
Posts: 13,654
Likes: 0
Received 0 Likes on 0 Posts
Default

Errm killing someone is usually quite serious, so I would think maybe a little more than a ban. Unless of course there are circumstances to be considered, but yeah I would think a couple of years ban minimum. Or would like to hope so anyway.
Old 17 October 2007, 08:09 AM
  #3  
Snazy
Scooby Regular
 
Snazy's Avatar
 
Join Date: Dec 2006
Location: S.E London
Posts: 13,654
Likes: 0
Received 0 Likes on 0 Posts
Default

Here you go, from the horses mouth.

Causing death by careless driving when under the influence of drink or drugs carries a maximum penalty of 14 years in prison, a minimum 2 year driving ban and a requirement to pass an extended driving test before the offender is able to drive legally again.
Old 17 October 2007, 08:15 AM
  #4  
billythekid
Scooby Regular
 
billythekid's Avatar
 
Join Date: Mar 2004
Posts: 3,574
Likes: 0
Received 0 Likes on 0 Posts
Default

IME, he is looking at 2 to 4 years depending on circs if found guilty of DDD.
Old 17 October 2007, 12:18 PM
  #5  
SteveScooby
Scooby Regular
iTrader: (2)
 
SteveScooby's Avatar
 
Join Date: Nov 2005
Location: Doncaster
Posts: 896
Likes: 0
Received 0 Likes on 0 Posts
Default

DUI is an american offence, not an English one
Old 17 October 2007, 01:13 PM
  #6  
stilover
Scooby Regular
 
stilover's Avatar
 
Join Date: May 2005
Location: Here, There, Everywhere
Posts: 10,619
Likes: 0
Received 0 Likes on 0 Posts
Default

As they were pescription drugs, his defence could argue that he isn't a drug taking chav, and just unlucky that the side effect impared his driving.

Of course if he was told not to drive, or if he took a glass of alchohol (if advised not to) then he's going to jail, I would have thought.
Old 17 October 2007, 03:22 PM
  #7  
Dracoro
Scooby Regular
 
Dracoro's Avatar
 
Join Date: Sep 2001
Location: A powerslide near you
Posts: 10,261
Likes: 0
Received 0 Likes on 0 Posts
Default

He ought to consider himself lucky if he gets any sort of driving ban (whether it be 1 year or 10), he's possibly looking at a jail sentence. Without knowing what happened other than what you've told us (which isn't enough to make any sort of judgement).
Old 17 October 2007, 03:36 PM
  #8  
WRX Blues
Scooby Regular
 
WRX Blues's Avatar
 
Join Date: Apr 2005
Location: East Sussex/Kent Border
Posts: 841
Likes: 0
Received 0 Likes on 0 Posts
Default

What a self-righteous bunch we are! None of us ever speed, unless of course on a 'private road' and now none of us have ever driven whilst taking prescription drugs. Next time your doc puts you on a course of antibiotics, will you take the bus for 2 weeks until you have completed it - I dont think so. Come on folks, this guy didn't set out to kill anyway and without any other evidence we can't assume what happened - it is most likely a terrible accident and could have happened to any one of us.
Naturally, I could be totally wrong but until I know more I cannot castigate him.
Old 17 October 2007, 03:42 PM
  #9  
Snazy
Scooby Regular
 
Snazy's Avatar
 
Join Date: Dec 2006
Location: S.E London
Posts: 13,654
Likes: 0
Received 0 Likes on 0 Posts
Default

Not really self rightious, but with the info presented here, it would appear to be more than a little bump.
Which would lead people to the replies they have posted.

Either the drugs had a profound effect, in which case driving should not have happened, or they were driving badly.

Of course there is the 3rd option which is, they were just involved through no fault of their own, breathalised and tested and found to be over the limit or under the influence of drugs.
Old 17 October 2007, 04:01 PM
  #10  
DCI Gene Hunt
Scooby Senior
 
DCI Gene Hunt's Avatar
 
Join Date: Jun 2006
Location: RIP - Tam the bam & Andy the Jock
Posts: 14,333
Likes: 0
Received 0 Likes on 0 Posts
Default

Scooby Net in "SENSIBLE POSTING SHOCKER..."
Old 17 October 2007, 04:08 PM
  #11  
dunx
Scooby Senior
Thread Starter
iTrader: (3)
 
dunx's Avatar
 
Join Date: Jun 2006
Location: Slowly rebuilding the kit of bits into a car...
Posts: 14,333
Likes: 0
Received 0 Likes on 0 Posts
Default

To add single vehicle accident, driver badly injured, passenger wrapped round a tree, dead on impact.

Call me self-righteous but how many have killed someone, not "JUST" speeding....

And the guy has just gone out and bought a brand new Megane, confident or what ?

Thanks for the feedback to all,

Dunx
Old 17 October 2007, 04:10 PM
  #12  
simonbb1328
Scooby Regular
 
simonbb1328's Avatar
 
Join Date: May 2007
Location: Huddersfield/ Wakefield
Posts: 4,702
Likes: 0
Received 0 Likes on 0 Posts
Default

POSSIBLY 3 YEAR BAN AND IF SERVES A PRISON SENTENCE 6 YEARS BUT WOULD DO 18MONTH
Old 17 October 2007, 04:17 PM
  #13  
DCI Gene Hunt
Scooby Senior
 
DCI Gene Hunt's Avatar
 
Join Date: Jun 2006
Location: RIP - Tam the bam & Andy the Jock
Posts: 14,333
Likes: 0
Received 0 Likes on 0 Posts
Default

Its not the speeding that kills, its the sudden stop at the end that usually does it...
Old 17 October 2007, 04:22 PM
  #14  
fivetide
Scooby Regular
iTrader: (1)
 
fivetide's Avatar
 
Join Date: Dec 2006
Location: Central Scotland
Posts: 3,687
Likes: 0
Received 0 Likes on 0 Posts
Default

Originally Posted by dunx
To add single vehicle accident, driver badly injured, passenger wrapped round a tree, dead on impact.

Call me self-righteous but how many have killed someone, not "JUST" speeding....

And the guy has just gone out and bought a brand new Megane, confident or what ?

Thanks for the feedback to all,

Dunx

Can't tell if you like the guy or not but if he dodges prison and you see him driving i'd report him immediately. No way he will have avoided a ban.

5t.
Old 17 October 2007, 05:51 PM
  #15  
cster
Scooby Regular
 
cster's Avatar
 
Join Date: Mar 2007
Posts: 3,753
Likes: 0
Received 1 Like on 1 Post
Default

It probably will depend as to whether he is found guilty or not of either of the charges.
The information presented is scant to say the least.
I would have thought the CPS would have charged him with causing death by dangerous driving in the hope at least of getting a guilty of a lesser charge.
Seems to be the way these things usually go.
Old 17 October 2007, 06:31 PM
  #16  
Adidas
Scooby Regular
 
Adidas's Avatar
 
Join Date: Apr 2005
Location: I've joined the Focus family
Posts: 7,623
Likes: 0
Received 0 Likes on 0 Posts
Default

Originally Posted by stilover

Of course if he was told not to drive, or if he took a glass of alchohol (if advised not to) then he's going to jail, I would have thought.
If he was told NOT to drive, he could be looking at causing death by dangerous driving, which IIRC, carries a 10 year prison sentance. No doubt a lenghty ban and definately an extended driving test if he tries to get his licence back.
Old 17 October 2007, 07:12 PM
  #17  
Brun
Scooby Senior
 
Brun's Avatar
 
Join Date: Apr 2002
Location: Harrogate
Posts: 14,229
Likes: 0
Received 5 Likes on 5 Posts
Default

Make sure you let us know the outcome
Old 17 October 2007, 08:19 PM
  #18  
dunx
Scooby Senior
Thread Starter
iTrader: (3)
 
dunx's Avatar
 
Join Date: Jun 2006
Location: Slowly rebuilding the kit of bits into a car...
Posts: 14,333
Likes: 0
Received 0 Likes on 0 Posts
Default

The guy is being a little cagey about all the details, tho' not smug....

I can't say I like him, but he thinks Daddy's money will make it go away....
I really hate that attitude...

He has a history as well, so I think a stretch inside is possible, and the info from here suggests an extended re-test after a ban... sadly Daddy will pay the insurance for him.....

As for grassing him up, certainly would....

Dunx
Old 17 October 2007, 11:52 PM
  #19  
Snazy
Scooby Regular
 
Snazy's Avatar
 
Join Date: Dec 2006
Location: S.E London
Posts: 13,654
Likes: 0
Received 0 Likes on 0 Posts
Default

Originally Posted by dunx
The guy is being a little cagey about all the details, tho' not smug....

I can't say I like him, but he thinks Daddy's money will make it go away....
I really hate that attitude...

He has a history as well, so I think a stretch inside is possible, and the info from here suggests an extended re-test after a ban... sadly Daddy will pay the insurance for him.....

As for grassing him up, certainly would....

Dunx
Respect for the honesty mate And for being willing to do the right thing too

Sounds like he is living in a little dream world to me. Would be interested to know more about the accident. There will be an inquest no doubt.

He has got to find an insurer first.
Old 18 October 2007, 10:39 AM
  #20  
Bakerman
Scooby Regular
 
Bakerman's Avatar
 
Join Date: Jul 2001
Posts: 523
Likes: 0
Received 0 Likes on 0 Posts
Default

He will (and maybe should based on what I have read) go down for a while.
As for driving under the influence, if you have any medication that states that you should not drive nor use heavy machinery and you do then you have to accept the responsibility if it all goes wrong, which it sounds like it did in a bad way. Speeding and ignoring medical advice are two different topics altogether.
Old 18 October 2007, 10:57 AM
  #21  
Abdabz
Scooby Regular
 
Abdabz's Avatar
 
Join Date: Oct 2003
Location: Tellins, Home of Super Leagues finest, and where a "split" is not all it seems.
Posts: 5,504
Likes: 0
Received 0 Likes on 0 Posts
Default

Originally Posted by DCI Gene Hunt
Its not the speeding that kills, its the sudden stop at the end that usually does it...
Some accidents are as a direct result of someone failing to stop in time dontya know
Old 18 October 2007, 11:05 AM
  #22  
DCI Gene Hunt
Scooby Senior
 
DCI Gene Hunt's Avatar
 
Join Date: Jun 2006
Location: RIP - Tam the bam & Andy the Jock
Posts: 14,333
Likes: 0
Received 0 Likes on 0 Posts
Default

Originally Posted by Abdabz
Some accidents are as a direct result of someone failing to stop in time dontya know
That's all good and well... but the concept of 'in time'... I mean who actually bothers to time themselves...
Old 18 October 2007, 11:19 AM
  #23  
Abdabz
Scooby Regular
 
Abdabz's Avatar
 
Join Date: Oct 2003
Location: Tellins, Home of Super Leagues finest, and where a "split" is not all it seems.
Posts: 5,504
Likes: 0
Received 0 Likes on 0 Posts
Default

Originally Posted by DCI Gene Hunt
That's all good and well... but the concept of 'in time'... I mean who actually bothers to time themselves...
Not me, that's for sure . I did once have a stitch in time and it saved nine
Old 18 October 2007, 12:44 PM
  #24  
vindaloo
Scooby Regular
 
vindaloo's Avatar
 
Join Date: Apr 2003
Location: South Bucks
Posts: 3,213
Likes: 0
Received 0 Likes on 0 Posts
Default

Originally Posted by Bakerman
He will (and maybe should based on what I have read) go down for a while.
As for driving under the influence, if you have any medication that states that you should not drive nor use heavy machinery and you do then you have to accept the responsibility if it all goes wrong, which it sounds like it did in a bad way. Speeding and ignoring medical advice are two different topics altogether.
Medical advice is what you're told by a qualified individual. Not what's written in tiny print on an intricately folded leaflet in the pill packet.

IMO and with enough £££s he might be able to show that yes, it was due to his perceptions being impaired by medication but that it's not his fault as the possible side effects were not made known to him.

Reading between the lines... He was driving like a c*ck, killed someone by completely losing control. In view of his "previous", the Police did everything they could to obtain evidence as they also believe he's "a c*ck".

I really hope this goes to court properly and the Police and CPS don't fsck it up.

J.
Old 18 October 2007, 10:13 PM
  #25  
dunx
Scooby Senior
Thread Starter
iTrader: (3)
 
dunx's Avatar
 
Join Date: Jun 2006
Location: Slowly rebuilding the kit of bits into a car...
Posts: 14,333
Likes: 0
Received 0 Likes on 0 Posts
Default

Will let you all know what happens next week....

In my experience stopping in time isn't the problem....

It's being in the wrong place, at the wrong time, as a result of getting there too soon....

Dunx
Old 18 October 2007, 10:21 PM
  #26  
bob r
Scooby Regular
iTrader: (46)
 
bob r's Avatar
 
Join Date: Nov 2005
Location: Probably polishing it.Lol
Posts: 5,381
Likes: 0
Received 0 Likes on 0 Posts
Default

Causing death by careless driving.

I wasn't aware that there was such an offence.
Old 18 October 2007, 10:23 PM
  #27  
dunx
Scooby Senior
Thread Starter
iTrader: (3)
 
dunx's Avatar
 
Join Date: Jun 2006
Location: Slowly rebuilding the kit of bits into a car...
Posts: 14,333
Likes: 0
Received 0 Likes on 0 Posts
Default

If he spoke any sense, we'd all be the wiser....

That's why you have a decent job, and mine's **** !

Dunx
Old 19 October 2007, 08:36 AM
  #28  
Snazy
Scooby Regular
 
Snazy's Avatar
 
Join Date: Dec 2006
Location: S.E London
Posts: 13,654
Likes: 0
Received 0 Likes on 0 Posts
Default

Originally Posted by bob r
Causing death by careless driving.

I wasn't aware that there was such an offence.
most certainly is mate. Not sure if death by dangerous driving is the same, but the careless driving was taken directly from a proper website, a gov safer driving one
Old 19 October 2007, 08:52 AM
  #29  
Adidas
Scooby Regular
 
Adidas's Avatar
 
Join Date: Apr 2005
Location: I've joined the Focus family
Posts: 7,623
Likes: 0
Received 0 Likes on 0 Posts
Default

Originally Posted by bob r
Causing death by careless driving.

I wasn't aware that there was such an offence.
I think you'll find its causing death by careless driving though drink and/or drugs.
Old 22 October 2007, 10:02 PM
  #30  
dunx
Scooby Senior
Thread Starter
iTrader: (3)
 
dunx's Avatar
 
Join Date: Jun 2006
Location: Slowly rebuilding the kit of bits into a car...
Posts: 14,333
Likes: 0
Received 0 Likes on 0 Posts
Default Update !

Apparently case was deferred, possibly till 2009 !!

The family want the guy nailed to a tree, and "The Press" are out in force....

Retford/Notts. area is best I can offer for a search.

Dunx

The family seem to want justice, not mere compensation for a life lost, R.I.P.
Related Topics
Thread
Thread Starter
Forum
Replies
Last Post
Abx
Subaru
22
09 January 2016 05:42 PM
Mattybr5@MB Developments
Full Cars Breaking For Spares
28
28 December 2015 11:07 PM
Mattybr5@MB Developments
Full Cars Breaking For Spares
12
18 November 2015 07:03 AM
shorty87
Other Marques
0
25 September 2015 08:52 PM



Quick Reply: Legal Eagles please !



All times are GMT +1. The time now is 02:31 AM.