Drink Driving

[Elton]

That law was changed ages ago, partly due to boy racers in car parks.

 

See earlier in the thread

[habilis]

Nick,

 

Thanks for the clarification: that’s exactly the scenario I’d pictured. Later in the thread we find out that you’re a chef. I’ve more than a passing knowledge of serving alcohol to chefs over the years. Likewise, alcohol+depression+drugs.

 

Firstly, chefs are invariably dehydrated at the end of a shift, dehydrated and stressed. So their bodies need fluid and their minds a relaxant, hence the choice of Stella/Kronenberg. If you had a long journey to the hotel, and if time was pressing, would I be right in saying you had neither time nor opportunity to rehydrate? So you arrive at the hotel, unpack and hit the bar.

 

We already know that you dislike social functions, you and most other chefs. Happy in the company of other kitchen staff, chefs loathe limelight and smalltalk. My theory on this is that a time when these skills are learnt (teens and early twenties), they’re stuck in a kitchen: opportunities to socialise are rare. So you’ll take Dutch Courage to integrate.

 

You mention depression: Alcohol is a depressant.

You mention medication: I’d be surprised if that mixes with alcohol. Very surprised.

You mention weight loss: this affects your ability to process alcohol

 

So you arrived at the bar dehydrated and nervous. First pint in ten minutes, second takes longer. At 6:45 you switch to wine because 1) You’re thinking it’s best to pace yourself and mistakenly think you’ll drink less if you’re on wine or 2) you think it’ll look better to be drinking wine (you’re trying to integrate). Unfortunately, you’re a quaffer, and a nervous one at that, probably still dehydrated, so even reckoning that the wine is weak you’re consuming more alcohol than if you’d stuck to lager. By now you’re in trouble: regardless of your mental state when you left the table, the alcohol would continue to worsen your condition for another twenty minutes at least. Whatever reason was left made you leave the company and go to your room, by which time you just wanted out, hence packing and leaving. By this time you’re no longer in control of your actions. Pity you didn’t pass out – I’ve seen decent, respectable chefs, built like rugby players, suddenly just “go”, much to their subsequent embarrassment.

 

So in mitigation:

 

You had no intention of driving that night, having previously booked a room for the night, and occupied that room.

 

You drank whilst dehydrated and on medication, the latter not bearing any warnings.

 

You had recently lost a large amount of weight and had not been drinking regularly prior to the party.

 

Despite being in the company of friends/colleagues they made no attempt to stop you. Nor did the concierge, who has a duty of care.

 

You’ve publicly berated yourself on this forum, making no excuse for yourself.

 

You’ve a previously unblemished record, require transport to undertake a socially-responsible job and are unlikely to re-offend.

 

The defence rests Nick.

 

Make sure your solicitor doesn’t

[chevin]

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.

 

Sorry, I obviously misunderstood that part of your post.

 

Do you have such a thing as an "Extraordinary License" which would allow you to drive to and from work but nothing else? People banned from driving here in Western Oz do have that facility which allows them to keep their job, but disallows them to drive to maintain their social lives.

 

 

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

 

Of course it is a technicality. Lawful technicalities are the law that is why they can be used as they are. But are they always in the best interests of all concerned?

[MJB]

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?

 

 

Yes I would.......I know this because I have done so with a good friend (incidently, he's still a good friend too).

[UK-Fishing-Tackle.co.uk]

I don't know Scottish law, but I was under the impression the offence of drink driving was wordered along the line of being drunk in charge of a motor vehicle.

 

My understanding is even if you are asleep on the back seat, if you have the keys in the car or on your person you can still be found guilty, even if you haven't turned the key. It's a hard line, but I believe the legislation was introduced because in the UK people pretty much flaunted the drink driving laws - especially in rural/farming type areas (too young to remember, but I've heard a lot of stories).

 

On that basis, I am guessing that whether it is a highway or not you are still 'in charge' of the motor vehicle, and therefore 'capable' of taking it onto a public highway.

 

It sounds like something must have reacted with your alcohol somehow, whether it be medication, a bout of illness or just the mix of drinks. Either way it's good no one was hurt, and even though it is going to result in a year or two ban - it could have been much worse.

 

I don't drink much, and if I do it's never more than a couple of pints - I suffer from very bad migraines and drink just doesn't do them any favours the day after - it's funny how you soon learn to live without it though.

Edited December 13, 2005 by UK-Fishing-Tackle.co.uk

[merlino bill]

oi oi no excuse's should be banned for LIFE he is a MORON if he had got of the car park god know's

who he may have killed apart from himself,.........sorry old son i hope they make an exsample of you

i always said if a drunk or drugged driver hit my kid's or grandkids i would do time my self.

 

cos your just a selfish b******d & you know it all,

[Ian FG]

Nick,

 

I will not vote thanks. I will not judge you (that's the magistrates job). Iwill not give you legal advice (that's your solicitor's job).

 

But I have to say that something doesn't add up here - you say you started drinking at 1755 and were breathalysed at 2037 and after two pints and two glasses of wine you tested at 87 mg per 100ml of breath. That is a very high reading, I assume you are aware that the legal limit is 35mg/100ml? You also say you suffered memory loss.

 

Even taking into account low food intake/medication/weight loss etc. You appear to have had a lot more alcohol in your body than four drinks could provide. How strong was the lager by the way? Regular or Special Brew lager?

 

You must have gotten a lot of alcohol into your body somehow, perhaps in your memory loss period? Because 87mg/100ml is a very high reading.

[Scapanapper]

oi oi no excuse's should be banned for LIFE he is a MORON if he had got of the car park god know's

who he may have killed apart from himself,.........sorry old son i hope they make an exsample of you

i always said if a drunk or drugged driver hit my kid's or grandkids i would do time my self.

 

cos your just a selfish b******d & you know it all,

 

Don't know if you are a religious man but look here. John 8:7

[snotty]

I don't condone drinking and driving, but when I was young and stupid (in the 70's) I did both to excess, to my shame, so I can't vote even for a 'bit of fun'.

 

What I really don't understand Nick is why did you leave if you had intended to stay? have you asked at the hotel to see if anyone remembers you checking out, and what state you were in, or anyone at your table who may be able to fill in the blanks.

 

It all sounds a bit sus and it may well be that you have been a victim of drugs.

I wish you well in finding another job after you have received your due punishment and I admire your 'caballeros' in going public with this.

[UK-Fishing-Tackle.co.uk]

I agree with Snotty, even at twice the drink drive limit it is unlikely you'd have a blackout from just alcohol - of course, everyone is different, but 85mcg equates to what, about five or six pints, which might be enough to get an occasional drinker legless BUT even so blacking out usually is going to take quite a bit more than that.

 

If you was a woman I'd say risks of date rape style drugs such as Rohypnol would be worth checking out, but very -very- unlikely for it to be given to a bloke -unless it's a practical joke gone very wrong-.

 

That said, most commonly anti-depressents like Zopiclone or Amitryptiline (Elavil) do react with alcohol. I took the latter as in minute doses (1 tenth of the usual prescription) as it is thought to reduce the occurence of migraines (it's also used for FMS) - didn't work though - but if I recall I was warned the tablets increased the effects of alcohol considerably.

Edited December 13, 2005 by UK-Fishing-Tackle.co.uk