When a good deed leaves you feeling deflated....

[Guest Brumagem Phil]

Saw a car in a ditch tonight..............of course me being the eager kind soul that I am, I stopped to help the poor fellah.

 

Turns out he was turning into his OWN cul-de-sac and missed the turn........probably had something to do with the fact he stank like a brewery!!! Claimed he had no idea how he'd managed to get in that position........I was wondering how he'd managed to get that far without hitting anything!!

 

Anyway, I said I'd help so being a man of my word I did and he drove his car (now leaking fluids from underneath) down the cul-de-sac and home (after almost colliding with my car as I pulled him from the ditch despite THREE reminders from me that he best not hit my car as he came out the ditch).

 

He came back for the obligatory 500 handshakes as he told me how I'd saved his life. Although I'm very much anti drink driving, I lied and told him I'd lost my license and that he really should consider that being without his licence would be a nasty hardship.........he then says 'I should know better, I've been done for drink driving before'........the fookin cheek of the bloke, I felt like lamping him one!

 

He was lucky actually that he crashed his car cos if I'd followed him in that state I'd have had no hesitation phoning 999 and following him till they got there.

 

Ah well, just thought I'd get that off my chest by sharing it with you guys.

Edited March 27, 2007 by Brumagem Phil

[billy50000]

you are a kind soul:)

 

id have called the cops,during the "il get the rope speech" and then bundled around abit.

 

i dont drink at all and would never get behind the wheel drunk(probably getting my license at 27-28 avoided the teen temptations)and not being able to drink for medical reasons kept me away from stupid stunts like that.

 

but from what you say(or i guess),he was an older gent-ish? so he should have known better,it could have been a child instead of a ditch(he would have legged it if it had been a child)maybe!!

 

he will be out again and just as pi**ed!!!

 

his lucky day i suppose:)it could have been a cop pulling over to help:)

 

even if he would have been banned,it wouldnt have stopped him anyway,the minority of the time it never does.

 

too much watching traffic cops :)

Edited March 27, 2007 by billy50000

[Guest Brumagem Phil]

Actually billy he wasnt an old gent he was probaly 21/22 ish......a complete idiot (but as you say the type who will be at it again tomorrow).

 

I drank and drove once or twice in my teens but woke up to myself and due to the amount of time I spent behind a wheel and the distance it was to work, I went teetotal (or near enough) for around 15 years. Since quitting smoking I've got into drinking a bit again now....just a bottle of wine when I'm sat in front the PC (i'm half way down a bottle now as it happens) but wouldnt dream of driving while I was drinking.

 

I've followed people home before now, bumping and bouncing off kerbs with me 50 yds behind em with my hazards on warning other drivers until the police have arrived (or not as is usually their tardy response time).

 

I guess the kid really had the luck of the irish today.......not only did he make it home without MAJOR incident, he also bumped into me in a good mood......now theres a turn up for the books!!!!

[Andy_1984]

Actually billy he wasnt an old gent he was probaly 21/22 ish

 

 

please phil, next time report him, im still learning to drive and already fed up with idiots like that. hes going to kill someone, maybe even you. could you imagine if he run over you while trying to get the car out the ditch, too smashed to even comprehend where he is.

Edited March 27, 2007 by Andy_1984

[Steve Walker]

Can't help thinking it would have done us all (and him) a favour if you'd grassed him up instead. Next time he goes off-roading, he might kill someone. Still, awkward situation to find yourself in.

[Colin Brett]

Phil,

 

I'd call the police anyway, tell them what happened and no doubt they will keep an eye open for him especially if they have his home address.

 

In my previous life [working] I came across cars and vans that were not fit to be on the road, I always told the owners their vehicle wasn't safe, some listened others didn't, I always took their registration numbers and phoned the police.

 

It could be your Mother, Father, Son, Daughter who they kill. Just as important they could kill anybody!!

 

Shop him!!

 

Colin

Edited March 27, 2007 by Colin Brett

[Ian FG]

Phil,

 

If you pause for reflection about your actions (which clearly you are doing here).

 

You have aided and abetted a drunk driver.

 

You have aided and abetted 'leaving the scene of an accident.'

 

You have probably driven an unroadworthy vehicle and who knows how legal the vehicle was before the accident even.

 

You may have committed conspiracy.

 

Section 1(1), Criminal Law Act 1977 provides:

 

"...if a person agrees with any other person or persons that a course of conduct shall be pursued which, if the agreement is carried out in accordance with their intentions, either -

 

(a) will necessarily amount to or involve the commission of any offence or offences by one or more of the parties to the agreement, or

(b would do so but for the existence of facts which render the commission of the offence or any of the offences impossible, [added by Section 5 Criminal Attempts Act 1981]

 

he is guilty of conspiracy to commit the offence or offences in question."

I know you were only trying to help this guy but I hope you will consider all of this should you find yourself in similar circumstances again.

 

This woman got three years in jail for aiding and abetting another woman who was driving drunk and killed a child.

 

Ian

Edited March 27, 2007 by Ian FG

[Steve Walker]

Based on what Ian's said, if you do go on to report him, you might want to do so anonymously...

[chesters1]

did you get a drink out of it

[UK-Fishing-Tackle.co.uk]

In terms of the legal issues - unless the accident caused damage to property or another vehicle/person then I think according to the highway code is not a notifiable offence (might be wrong, but putting a car in a ditch I don't think requires reporting, and if it was removable easily then it most likely wasn't a serious smash).

 

Secondly aiding and abetting is all well and good but surely the prosecution would have the burden of proof to prove you knew he was over the limit. Just because someone smells of beer doesn't legally make them over the limit (Before anyone starts I am looking at this from a defensable perspective, not a moral perspective).

 

Worst case you felt physically threatened by the guy and complied in so far as aiding him for your own personal safety. You'd already exited your vehicle and in such a case it would be your 'trustworthy' view against the drunks.

 

Finally the case above is a slightly different story - two drunk women get into a car knowingly arseoled, with the owner being the passenger. Not only does the owner have a duty of care to ensure they try and prevent the vehicle being used by a drunk driver, BUT, by sitting in the vehicle and presumably encouraging the drunk driver to drive makes them an accomplice. The sentence also is probably reflecting the fact that the owner and passenger in said vehicle was only banned one week previous to the incident. Also both were arrested, and both gave positive breath specimens (I think) - in this instance that is not possible, and the net result would be the police would have to prove he was drinking at the time.