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drink driving - a scenario

Discussion in 'Motors' started by ironman, 21 Jul 2006.

  1. ironman

    Sgarrista

    Joined: 18 Oct 2002

    Posts: 8,416

    Location: South Central L.A.

    A bit of a disclaimer, I don't drink and don't even have a car so if someone wants to be a pillock then hit the back button:p

    Friends in a dodgy situation, he and a girl mate of his were out one night and he asked her to get him a drink, she got him an alcohol drink, not knowing he was driving.

    He drank it, drove back with her in the car. He scraped a car....long story short he could face a 12month ban for drink driving, with the possible let off for him 'not knowing he consumed alcohol as the drink was bought for him'. In essence the girl taking the blame but she didn't know he was driving. What is the worse that could happen to the girl? Remember the girl was in the car at the time of the report, so the police know she was in there.

    I'm thinking she could get into trouble as she knew he was under the influence and let him drive (even though she didn't know he was driving at the time of alcohol purchase), is this true......or is it full responsibility of the driver?
     
  2. [TW]Fox

    Man of Honour

    Joined: 17 Oct 2002

    Posts: 157,280

    Why did he drink the drink?
    How did he not notice it was an alcoholic drink?
     
  3. DannyDan

    Mobster

    Joined: 6 Jun 2005

    Posts: 2,669

    Location: Wirral, UK

    Tbh I don't think I could drink an alcoholic drink without knowing it. Sounds like a stupid excuse to me.
     
  4. MrMatteh

    Wise Guy

    Joined: 22 Feb 2004

    Posts: 2,418

    Location: Essex

    that's the question
     
  5. Maz

    Soldato

    Joined: 18 Oct 2002

    Posts: 7,387

    Location: Newcastle.


    Maybe he was thirsty, and thought it was a coke?

    Depending on what brand of Vodka, you can barely taste it with some mixers.

    Smirnoff with Lemonade for example.
     
  6. agw_01

    Capodecina

    Joined: 11 Apr 2004

    Posts: 19,681

    Sorry, somebody please tell me where it said he drank a Vodka :)

    Also, if you had one shot of Vodka with coke (40~%) how much would it put you over the drinkdrive limit?
     
  7. MrMatteh

    Wise Guy

    Joined: 22 Feb 2004

    Posts: 2,418

    Location: Essex

    you can still taste it :o

    if only one drink pushed him over the limit, chances are it would've been a noticeable measure

    also, if he felt fine and still scraped another car! :o :o
     
  8. ironman

    Sgarrista

    Joined: 18 Oct 2002

    Posts: 8,416

    Location: South Central L.A.

    Just say he didn't know it was alcohol. What is the likely thing that could happen to the girl? That's all im concerned about, not what happens to the guy.
     
  9. Nozzer

    Banned

    Joined: 17 Oct 2002

    Posts: 9,495

    Location: Sunny South-East

    Not a lawyer etc, but surely the girl is totally innocent, it's the driver's responsibility completely.
     
  10. Bigsy

    Mobster

    Joined: 17 Oct 2002

    Posts: 4,308

    Location: Bristol

    Didn't know it was alcoholic? A a single drink that managed to put him over the limit and he didn't think it had alcohol in it?

    Who on earth is going to buy that?
     
  11. Maz

    Soldato

    Joined: 18 Oct 2002

    Posts: 7,387

    Location: Newcastle.


    I never said he did.

    I merely stated that some brands of Vodka are barely noticable depending on what mixer.

    I think the girl could probably get done for spiking the kid, or whatever pete doherty got done for.
     
  12. ironman

    Sgarrista

    Joined: 18 Oct 2002

    Posts: 8,416

    Location: South Central L.A.

    I'm hoping thats the case. BUT, what if he says 'oh i didn't know it was alcohol' and then they put the light on her because she DID know it was alcohol. Would that have any affect or is it still completely up to the driver?

    Also i've been told the breathilise test was almost passed, he was just a tiny bit over the limit and also in the blood test, if that makes any difference..
     
  13. agw_01

    Capodecina

    Joined: 11 Apr 2004

    Posts: 19,681

    I wasn't being funny, if that's how my post came across.

    My question was genuine, hence the smiley.

    Playing it dumb won't work I'm afraid. It's the drivers responsibility :)
     
  14. Kitchster_uk

    Soldato

    Joined: 18 Oct 2002

    Posts: 5,058

    Location: The remittance desk

    Indeed. Him 'not knowing' he was having a drink is very unlikely to wash - to consume enough to be over the DD limit you WOULD taste it, END OF.

    It's the same as saying "I didn't know the car was nicked...." certainly doesn't wash with the old bill!!!
     
  15. ironman

    Sgarrista

    Joined: 18 Oct 2002

    Posts: 8,416

    Location: South Central L.A.

    So it's unlikely the girl will get prosecuted with anything? Not even with the knowledge that he was under the influence and in the car with him at the same time?

    Ignore the guy for the moment, I know he will probably get done still, i'm just enquiring about the girl...
     
  16. spoonz

    Wise Guy

    Joined: 18 May 2004

    Posts: 2,218

    ignorance is no defence

    ban, no questions AT ALL and no defence.
     
  17. ironman

    Sgarrista

    Joined: 18 Oct 2002

    Posts: 8,416

    Location: South Central L.A.

    That wasn't the question I wanted answering:p
     
  18. Scuzi

    Man of Honour

    Joined: 18 Oct 2002

    Posts: 19,840

    Location: Екатеринбург

    The guy could possibly press charges on the girl for spiking him with alcohol. That won't have any effect on the drink driving prosecution. That's the drivers responsibility and will still stand.
    As far as I know, unless he wants to press charges against the girl then nothing will happen to her. She's innocent IMO as it appears there was no malicious intent.

    I'm not that savvy with law so take everything I say with a pinch of salt until someone in the know comments.
     
  19. ironman

    Sgarrista

    Joined: 18 Oct 2002

    Posts: 8,416

    Location: South Central L.A.

    Nope he won't press charges. She is innocent, just not that much so when she was in the car as she 'knew' he drank alcohol.....in that case does that put her in any threat?
     
  20. Muncher

    Soldato

    Joined: 17 Oct 2002

    Posts: 7,169

    Location: Ipswich

    It's entirely possible she would be charged with Aiding and Abetting the offence of driving under the influence of drink or drugs. This carries exactly the same penalty as the principal.

    Both people concerned need to seek legal advice before making any statements to the Police, and I don't mean from an internet forum. There is a very real danger that both will be prosecuted.