Drink Driving

[Guest Jan V]

Nick as far as your poll is concerned I would vote none of the above.

You are an honest man who made a stupid mistake like every other person on this planet has done in one way or another at some time in thier lives. Scapa.

 

Nick, I don't know either you or Scapa, but what was said is so true. You didn't physically injure yourself or any one else. That's the most important. Also, it's obvious all think you were a blithering idiot, but love you all the same. I quit drinking near 20 years ago after one too many blackouts. Too many nights, and morning's after, of not remembering what happened finally drove me to do something about it. I've had 2 brothers, my father and numerous uncles to die from substance abuse issues and I love Newt too much to put him through that. I had a cousin killed by a drunk driver, as well. But the decision is an individual one and no one can make it for anyone else - no matter how much you love them.

 

Sermon over, and maybe I don't even have a right to express my opinion, but I've been there and it's a lonely and nasty place to be. Kudo's for recognizing what happened was a big error in judgement and not trying to push it off on someone or something else. Luckily your family will be able to have Christmas and a New Year with you still here.

Edited December 12, 2005 by Jan V

[Fastd]

Nick,

 

I would not vote on something like this. You made a mistake and will have to face the consequences. But at least you are man enough to admit to you made a mistake here in public to your friends.

 

We all have low moments and make mistakes. The one thankfull thing is you caused no one else any harm as is often the case when people drink drive, and as such it is a good thing you were pulled before you could get out on the open road as who knows what could have happened.

 

I admire your honesty and hope everything works out for the future although things will be very difficult.

 

As far as buying a bycycle and living in Ardgour is concerned I would certainly think twice about it as from memory the best way to describe the roads round there is "The only way is up!"

 

Chinup...we are all human.

 

Dave

[Newt]

For any who are interested, a short Q&A http://www.alcoholscreening.org/ and since it asks for a zip code (US based page althouth the questions are not location related) you can use any 10001, 10018, 10019, 10020, 11354, 11355, 11356, 11357, 11358, 11359, 11360 if you want to place yourself in the New York City area.

 

Do you have a drinking problem? Do you want to know it if you do?

[chevin]

Far as I know the fact that it is private land has no bearing on it, one part of the offence is committed if the constable believes that you intend to drive on the highway, not easy to proove that you don't have that intent when you are reversing out of a parking space and pointing your car straight at the road...

 

However the part about entering onto private property is an interesting one, in England they have a right to enter any property where they have reason to believe you may be, but in Scotland that right is specifically not granted by the 1988 Act. Worth persuing.

 

And that is just based on a quick reading of the Act, but I'll certainly take another look and I'll be seeing a solicitor tomorrow.

 

Hi Nick, I know that I live on the other side of the world and that our laws differ but there is one thing that will be the same - the police hate being beaten on a technicality when they have done what they consider to have been a good job in preventing you from going on the road. They will never stop watching you! It might make a magistrate look on you more benignly if you were to write to the court, apologise for your actions and thank the police for ensuring that the results of your behaviour did not become as serious as they could have done.

Edited December 13, 2005 by chevin

[MJB]

One of the poll options is " A good guy who got unlucky". TWADDLE! I would say he's very lucky.....Lucky that he made it no further than the hotel car park to go and kill himself or someone else. He should be truly grateful he's not facing a 'death by reckless driving' charge! The company laid on digs for him, but he still got behind the wheel of a car. All this talk of trying to get off the charge on a technicality or using mitigating circumstances to reduce the fine are ****s. I would like to see drunk driving carry a custodial sentence.

[Guest Ferret1959]

One of the poll options is " A good guy who got unlucky". TWADDLE! I would say he's very lucky.....Lucky that he made it no further than the hotel car park to go and kill himself or someone else. He should be truly grateful he's not facing a 'death by reckless driving' charge! The company laid on digs for him, but he still got behind the wheel of a car. All this talk of trying to get off the charge on a technicality or using mitigating circumstances to reduce the fine are ****s. I would like to see drunk driving carry a custodial sentence.

 

MJB.

You don't hold back on your punches do ya?

 

Would you say the same things if it was a member of your family or a friend in the same position as Nick?

 

We are only trying to help Nick with his problem as he's one of our mates.

I have never met Nick but over the years I have known him I can call him a friend, so I don't want to see my friend suffering over a mistake.

 

He admits doing the 'crime' but also says it wasn't done deliberately.

 

My girlfriend is a acoholic and suffers from depression and unless you are involved then you may not understand the circumstances.

 

I'm not going to get into a row over this as I've been there dun that with the girlfriend.

 

 

From a 'mate' I hope Nick gets the least punishment possible.

[Guest NickInTheNorth]

One of the poll options is " A good guy who got unlucky". TWADDLE! I would say he's very lucky.....Lucky that he made it no further than the hotel car park to go and kill himself or someone else. He should be truly grateful he's not facing a 'death by reckless driving' charge! The company laid on digs for him, but he still got behind the wheel of a car. All this talk of trying to get off the charge on a technicality or using mitigating circumstances to reduce the fine are ****s. I would like to see drunk driving carry a custodial sentence.

 

I would have to agree with the bit about "lucky to get no further than the car park".

 

However I have no interest in "getting off on a technicality", I will be pleading guilty. I would very much like to escape a ban, purely to be able to keep my job. Not for my sake, or the sake of the family, we'll manage - but you probably won't like paying my benefits either. No I would like not to be banned so that the school I was working at will still have a school cook. Otherwise lots of kids will be going back to eating very poorly - especially the ones whose parents don't or won't feed them properly! It took 4 months for them to recruit me, and there is no-one else in the area that wants the job.

 

Because I earn very little the fine will be very small. Because YOU will be paying it out of my benefits you should hope the fine is small.

 

I did not intend to drive - I still don't know why I did, or even remember getting into the car. Maybe my friend you too will one day do something and regret it in the morning.

 

As I have said several times, I'm guilty, I'm not looking for absolution, I just hope that I can help prevent someone else doing the same thing!

Edited December 13, 2005 by NickInTheNorth

[habilis]

Nick,

 

I haven’t voted, despite watching this thread since you posted, because it appears that you don’t fit into any of the categories and there must be more to this incident than meets the eye. Nor does it all add up. I have a peculiar knowledge of chefs and serving alcohol and as this thread develops, so does a theory of mine that may explain and mitigate your error.

 

You don’t say what time you arrived but the party started at 7:00pm and you left at 8:00pm. Was it a dinner? You mention the “pulling of crackers” which suggests it was. You started with lager (pre-drinks) then switched to wine (at the table?), also indicative of a dinner. In which case it may have been 7:00 for 7:30, meal started at 7:30-7:45. Assuming a starter, how could you finish the main course by 8:00pm, the time at which you left the table and went to your room to pack?

 

In my experience you’d be hard pushed to drink two pints and three glasses of wine in one hour so could you:

 

1) Clarify the time you arrived at the hotel.

 

2) What time you started drinking.

 

3) Was a meal was included?

[Guest NickInTheNorth]

I arrived early at the hotel as I was staying over, and wanted to get there, get changed, and have a couple of drinks before everyone else arrived. I HATE social occassions, I find them very difficult to deal with, and cannot do it stone cold sober. So I was in the bar at 5.55. I had 2 pints of lager between then and 6.45, and then ordered my first glass of wine to drink whilst waiting for others to arrive.

 

It was 7.00 for 7.30, so folks started arriving just before 7.00. When the boss arrived at about 7.15 he ordered a round of drinks, which we took through to the table with us. We ordered food at the table. And waited to be served. Another round of drinks also arrived during this time. While waiting we pulled crackers chatted etc

 

This is where it becomes a blank. I remember ordering food. I have a vague recollection of some food being served - but not for certain...

 

...the next clear memory I have is the police car turning into the road which the car park entrance is on and stopping across the exit/entrance. At this point I was in the car with the engine running in the middle of the car park with the car pointing at the exit.

 

My intoximeter test started at 20.37

 

Somewhere in the blank I left the table, walked up 2 flights of stairs found my room, packed my bag, handed my keys in and left the hotel. I got into the car and started the engine. I know that quite often it takes a while to get into the car when I have locked it, which I did that night, and the starting also sometimes takes a while.

[Alan Stubbs]

I admire you pleading guilty if you were guillty of an offence, but unless the law is different in Scotland, my understanding is that you were on private property and you can't be prosecuted.

 

That isn't a technicality - that's the law.

 

It is also blatently obvious that your own particular lesson has been well and truly learned - so what's the benefit to anyone of prosecution here?

 

Moreover, it seems that the benefits to the community of you keeping your job far outweigh the consequences of any punishment that can be meted out.

 

I used to drink a lot as a youngster, but as soon as I passed my driving test I pretty much stopped drinking altogether. It was easier to say 'No!' to the first one than the second one. So I took the easy option.