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[News] No one was hit, but 12 months community order?



Bevendean Hillbilly

Bevendean Hillbilly

New member
Sep 4, 2006
12,805
Nestling in green nowhere
drew said:
Does she have a drink problem then? All we know is that she got drunk on this occasion and drove. She might have done it before or this could be the first time.

Also, doesn't this conviction become spent under the rehabilitation of offenders act?

As for the glass houses comment, you're probably right that many have driven in the past when over the limit but the way this woman is driving she is paralytic!

I agree with your last paragraph. Loads of dangerous driving on those programmes but never seem to get the appropriate punishment and no doubt the majority of them just repeat the offence!

Finally, I suspect that after her ban she will have to take an extended test.
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I'd say that anyone who drives about in daytime absolutely mortal with drink had a problem. She might not be an alcoholic but she's giving off the right signals.

I don't know if she'd admit it but it does say that she's lost a lot of her ability to make decent decisions
 






happypig

happypig

Staring at the rude boys
May 23, 2009
7,959
Eastbourne
drew said:
Finally, I suspect that after her ban she will have to take an extended test.
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She won't. She will have to re-apply for her license as it is not automatically returned for disqualifications.

Putting myself up for some flak here but....

When I sat as a magistrate I heard a lot of excess alcohol cases, one or two most sittings, sometimes more. From people a few points over the limit to people 5 or 6 times over (the highest reading was, IIRC 176 in breath and the police statement said her driving was not significantly impaired :-O).
I gave out so many disqualifications that the pronouncement was etched in my brain.

There is a "sliding scale" of punishment depending how pissed you are. That is a starting point. Consideration is then given to aggravation and mitigation. Aggravation would be things like the manner of driving, injuries/damage, distance driven. Mitigation is stuff like very short distance, genuine emergency. The list is not exhaustive.

To say "she could have killed someone" isn't relevant to the case; she didn't. In fact this case is quite easy to sentence because it is (unfortunately) such a common
offence.
 


GT49er

GT49er

Well-known member
Feb 1, 2009
46,716
Gloucester
Bevendean Hillbilly said:
As we established on the other thread on DD most of the male respondents advocating throwing the keys away have driven drunk at one time.

Glass houses and all that. On top of her sentence and fine she will lose her job, income, reputation, and will have a lifelong serious criminal conviction so the chances of her getting another job in education, whether or not she turns her life around, are practically nil.

I don't know why she did this crazy thing...she might have mental health, addiction or other contributory factors.

I really don't see how her getting chucked in jail as well will benefit anyone. Her sentence seems in line with similar.

I do t know how many of you watch those police interceptor programs...they are always involved in high speed chases at 70 through 30 zones, driver with no licence or insurance, often stinking of weed, and the sentences they get are lighter than this middle aged teacher with a drink problem.
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Also what was not mentioned in the report was the massive fine - the one that will be levied by the insurance company when she tries to get insurance in two years time (assuming she does try to drive again) - they'll be rubbing their hands as they add '0's to the end of her premiums!. And as for prison, would it really be worth the thousands of pounds of our money it would take? Value for money? - I don't think so, so maybe getting some useful community service out of her is much better value.
 


BNthree

BNthree

Plastic JCL
Sep 14, 2016
10,879
WeHo
Bevendean Hillbilly said:
Glass houses and all that. On top of her sentence and fine she will lose her job, income, reputation, and will have a lifelong serious criminal conviction so the chances of her getting another job in education, whether or not she turns her life around, are practically nil.
.
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As long as she declares the conviction it shouldn't hinder her chance of further employment in Education. CRB check they just check that a. you're telling the truth and b. you aren't a nonce. Also as long as you haven't had a custodial sentence the offence will have lapsed after 7 years so whilst for CRB checks she'll need to declare it for any other purposes she doesn't have to.
 
















Ceej

Ceej

Active member
Feb 1, 2013
331
Manchester
happypig said:
She won't. She will have to re-apply for her license as it is not automatically returned for disqualifications.

Putting myself up for some flak here but....

When I sat as a magistrate I heard a lot of excess alcohol cases, one or two most sittings, sometimes more. From people a few points over the limit to people 5 or 6 times over (the highest reading was, IIRC 176 in breath and the police statement said her driving was not significantly impaired :-O).
I gave out so many disqualifications that the pronouncement was etched in my brain.

There is a "sliding scale" of punishment depending how pissed you are. That is a starting point. Consideration is then given to aggravation and mitigation. Aggravation would be things like the manner of driving, injuries/damage, distance driven. Mitigation is stuff like very short distance, genuine emergency. The list is not exhaustive.

To say "she could have killed someone" isn't relevant to the case; she didn't. In fact this case is quite easy to sentence because it is (unfortunately) such a common
offence.
Click to expand...

In which case, make people do something worthwhile with their time as punishment. Give something back to society for risking so much fricking pain to others.
Not a dig at magistrates at all, but at the law.
 






happypig

happypig

Staring at the rude boys
May 23, 2009
7,959
Eastbourne
Wardy's twin said:
I think it points to everything that is wrong with our criminal system that after a track record like that he was actually free to do this.
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Can't disagree with that. The maximum for driving whilst disqualified is 6 months. Plead guilty at the earliest opportunity and the defendant must be given a one third discount for that (for saving the hassle of a trial amongst other things). 4 months but automatically released after serving half the sentence so they actually serve 2 (and if the release date falls on a bank holiday or weekend then it's the friday before).
My own view is that subsequent offences of DwD should be punished incrementally more severely so a second offence is a year inside, third is 5 years and so on.

Ceej said:
In which case, make people do something worthwhile with their time as punishment. Give something back to society for risking so much fricking pain to others.
Not a dig at magistrates at all, but at the law.
Click to expand...

150 hours unpaid work is exactly that. She will be picking up litter or working in a charity shop or somesuch. She'll be spending virtually every saturday doing it until Christmas.
 


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