drink driving - a scenario

ironman · 21 Jul 2006 at 22:40

Muncher said:
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.

Right that's the kind of thing I was looking for thanks. Will look into it a bit more.

Scrutinize · 22 Jul 2006 at 09:31

gurdas said:
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

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?

He will need a very good lawyer to stand a chance of getting off and the reason i say this is:

1) This situation doesn't sound right as he must have had a strong drink to be over the limit after one drink! Which surely he would have noticed ie a double vodka and lemonade.

2) Or had he already had some alcohol and the girl bought him another alcoholic drink. The only drink he could have was a mixer as I am sure he would have reconised a beer, wine etc.

3) I mean how would you not know you are having an alcoholic drink unless it is with a mixer. A strong or even weak mixer is pretty noticeable.

4) Prosecutions final point, Drivers responsibility tbh.

Poppy · 22 Jul 2006 at 09:41

Sounds to me like a case of a stupid idiot who got caught and is now clutching at straws to try and get out of it.

Vanilla · 22 Jul 2006 at 09:45

I thought a passenger could be found guilty of contributory negligence if knows or ought to know that driver has consumed alcohol in quantity likely to impair ability to drive properly and safely......

Muncher · 22 Jul 2006 at 10:28

Vanilla said:
I thought a passenger could be found guilty of contributory negligence if knows or ought to know that driver has consumed alcohol in quantity likely to impair ability to drive properly and safely......

The wrong term, but yes, aiding and abetting.

iCraig · 22 Jul 2006 at 10:55

What about when they went back to the car after drinking?

Didn't the girl go, "oh you're driving? but I gave you so and so to drink"

It's a pathetic excuse really, there are holes all over the place. I suggest he re-thinks his defence.

barnettgs · 22 Jul 2006 at 11:03

gurdas said:
he asked her to get him a drink, she got him an alcohol drink, not knowing he was driving

He asked for it, didn't he?

Didn't he says 'Coke please because I'm driving!'?

Serj · 22 Jul 2006 at 11:36

Just thought i'd add my weight behind Muncher's comments. There's quite a few cases with similar situations, but it's more in regard to people having been given alcohol and gotten into fights, damaging property etc. The same principal though

IMO, it looks as though he's trying to get off the charge by blaming the girl, she's gone along with it because she thinks it will get him off (ooh err) and she'll be safe too. Not the case unfortunately, it's quite a serious situation to say you were in and it's not easy to get out of if they have already made statements

Vanilla · 22 Jul 2006 at 11:39

Muncher said:
The wrong term, but yes, aiding and abetting.

My version sounds better

jpmonkey69 · 22 Jul 2006 at 11:50

barnettgs said:
He asked for it, didn't he?

Didn't he says 'Coke please because I'm driving!'?

Just what I was gonna say!

I often drive after pubs etc, but the only drink I'll have all night if I'm driving is lemonade.

If anyone asks me if I want a drink / If I ask for a drink, I make sure that I will be getting a soft drink.

The_Dark_Side · 22 Jul 2006 at 12:50

Poppy said:
Sounds to me like a case of a stupid idiot who got caught and is now clutching at straws to try and get out of it.

nail...head..hit.