Drink Driving Accident

Convicted Driver Insurance

lainychat

New Member
My 20 year old son arrived home at 6am this morning after being released from the police station on a drink driving charge. Not only was he over the limit but he has hit a parked car and done a lot of damage to it. I haven't seen the car yet but apparently has damaged one entire side.The accident happened about 1am this morning. Someone from one of the houses in the street came out and told him who the car belonged to and they were talking about what had just happened when the police arrived. Another neighbour had called them.
My son was breathlysed and his reading was 55 microgrammes. He has to appear in court in 2 weeks. I understand he will get banned from driving but would like to know how long for and if a prison sentence is likely. He has no previous driving offenses as he has only been driving since April this year. I am presuming his insurance will not cover the cost of damage to his car and the parked car as he was over the limit. Not having ever driven myself I am not sure how the insurance works.
On his charge sheet from the police it just states the drink driving charge and that he was over by 55 microgrammes but does not say anything about hitting the parked car.
How will he pay for the damage to the parked car if his insurance doesn't pay out and in the likely event that he will now lose his job?
Any advice would be much appreciated for a worried sick mum.:(
 
According to the guidelines that the court will refer to, as a starting point, your son should expect a ban of between 12 and 16 months. However, the court will also take into account any aggravating factors that make the case more serious and could decide to increase the penalties to reflect this. The fact he crashed the car is an aggravating feature here.
Whilst I think, for a first offence, the court are not likely to send him to prison, they may very well decide it's serious enough to warrant a community order (e.g curfew, supervision, unpaid work, etc) and a longer ban.
This can be counteracted by his mitigation which is why it's important to be legally represented. The drink driving rehabilitation course can also be offered which would reduce his ban by 25%.
You are correct in thinking his insurance is likely to be invalidated. The insurance should pay out for any third party damage but can then seek to recover this from your son. They probably won't pay for the damage to your son's car even if he is fully comp although the insurance position can vary from insurer to insurer.
If you would like a free telephone consultation then please call one of my team on 01942 774172 in office hours or the Carry On Driving helpline outside office hours and we will be happy to provide whatever assistance we can.
 
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Last week, after having a arguement with my partner I stupidly jumped in the car 2 get away and clear my head. I have never dd before, but on this occasion had had a few beers. After driving quite a distance I turned around and was on the way home when I misjudged a bend and lost control of the car, which ended up on its roof. thankfully the road was empty and I walked away from the car, I turned on the hazards and walked up around the bend I had just come from to warm oncoming motorist's of the hazard. the emergency services were called by a passer by, and I failed the breath test. At the station my reading was 72 (breath). I have only been driving for 13 months. I have already resigned myself to the fact I will be banned and get a fine, but will I have to retake my test after my ban is up? Any advice would be very gratefully received. Thanks
 
Should have started a new thread but the answer to you question is yes.

http://www.direct.gov.uk/en/Motoring/LearnerAndNewDrivers/NewlyQualifiedDrivers/DG_4022566

Input your breath test reading into the following guide.

http://www.drinkdriving.org/drink_driving_sentencing_guidelines.php

You're more than likely going to get close to the max length of ban as stipulated in the guidelines because crashing your car is recognised as an aggravating factor. If the court offer you the opportunity to do the dd rehab course which they probably will, your ban will be reduced by 25%.
 
Hi, thanks 4 the advice. Not sure how 2 start a new thread. Using my mobile 2 access this site. Whilst Im aware crashing the car will not look good, do you think the fact that it was a quiet country road, and I was sober enough 2 realise I was posing a threat 2 other user's and by puttin on my hazards and directing traffic, that could help me out? I was in the middle of nowhere, with no witnesses, so could easily have fled the scene, but didn't. Will any of this go 4 me in court? And a resit is defo?
 
THIS IS INCORRECT. You will NOT have to resit your test. The new driver provisions apply to penalty points but not drink driving bans.
At the end of your ban you simply apply for your licence back. You will not be asked to undergo a test or a medical in your case.

The offence is aggravated by the accident and the court could look to give you a stiffer penalty than might otherwise have been the case. For this reason you would be well advised to seek legal representation.

If you would like help organising this then call one of our experts on our 24 hour nationwide helpline on 08450020736.
 
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Firstly I must say that this is a brilliant site. Had it not been 4 this site im not sure I would of got through the past week. Its is reassuring 2 know im not the only idiot in the world. Before this my view on dd was give them what they deserve, no matter what. Whilst I still hold that view, I now undertand that we all make mistakes. It's how we learn by them that define's us. I have legal representation. I have done wrong and deserve 2 b punished however the court's see fit. But damage limitation is now my main concern. I am so very thankful no1 was hurt. 6 months ago my partner and I were out driving with our children when a dd nearly forced us off the road, we reported her and was asked my the police 2 follow at a safe distance and relax information on her location. The next morning I felt guilty that I was responsible for ruinin this person's life, she could lose job family etc. That was quickly replaced however as my children were in the car And I felt anger. Had a not had arguement with my partner I would've never been in car in 1st place. Not a excuse I know. I have been 2 my local police station and obtained the incident no, would that along with a well worded letter to the mags, along with some character ref's do any good? Im not trying 2 worm out of what i've done, but I have a young family and we will really struggle now. As I have said I take full responsibilty 4 my action. All these things taken into account, what do you think the outcome will be? Obviously every case is different, and I wont take any advice 4 granted. I think I will feel better after court then I can look towards the future.
 
Yes, apologies, only drunk in charge will incur penalty points and therefore a resit would be required. It's very strange though how a more severe offence doesn't require a resit.
 
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