Double the drink drive limit and still not banned WTF

Trickedem

Guru
Location
Kent
This story in the Standard sums up everything that is wrong with our car dependent culture. I really couldn't believe this story. Can't be banned because he drives thousands of miles a year. Aaaargh. WTF
 
Lucky boy, the prosecution went for drunk in charge, rather than drink driving.

Drink driving is a minimum 12 months disqualification, drunk in charge does not carry automatic disqualification, although the magistrates could have banned him.

Page 126 of this right riveting read explains all:

https://www.sentencingcouncil.org.uk/wp-content/uploads/MCSG_web_-_October_2014.pdf
 
[QUOTE 3975309, member: 9609"]its a difficult one, the being in charge whilst under the influence bit. I Used to spend a lot of time tramping in a lorry, would often have a few pints and sleep in the cab, i was definately in charge of the vehicle but was I ever breaking any law, Or even as I type this, I have just had a couple of tinnies, (which in Scotland will quite rightly put me over the limit) I have access to three vehicles parked on the driveway, it could be argued I am in charge of them.[/QUOTE]

Even though the public may have access to your driveway, I suspect the vehicles being off road may be sufficient to protect you in this instance.

So no harm in fetching something out of the car, but best not to hang around while doing it.

What I wouldn't do is go to get something out of my car if I was drunk and it was parked in the street.

The tramping lorry drivers is an interesting one.

I've never heard of a driver being charged in that instance, but I suspect a driver could be.

I wouldn't trust my livelihood to the common sense of a copper.
 
He even admitted driving the car. I suppose the prosecution never expected that he would get off so lightly

The prosecutor will have been aware of the sentencing guidelines in the case.

The admission of driving is interesting.

It is made in two parts 'I have had a drink tonight' and "I drove a short distance earlier'.

We don't know the timeline, or the full story the defendant gave.

Perhaps he said: "I drove home (sober), went inside, had the drink, went out to fetch my fags from the car and fell asleep in it."

Whatever he said, there wasn't enough evidence to charge him with drink driving or he would have been - it's nonsense to suggest the coppers are going to go easy on a property developer in a flash car.
 

swee'pea99

Legendary Member
“These are not, if you will excuse the phrase, digs like those we have seen on The Young Ones. These are relatively high-value digs." What in God's name does that have to do with anything? Is that not just posh-people talk for 'This is not just your average chap; this is a *rich* chap.' Shame on the court. "Funaro, of Chelsea, was also fined £400, ordered to pay prosecution costs of £300, a £150 court charge and a £40 victim surcharge." Talk about a deterrent...
 

slowmotion

Quite dreadful
Location
lost somewhere
He's rich, a property developer and he has a flash car. Oh, he's good looking, bearded and young. (Bast#rd!) . That's at least three trip-wires. That's nothing to do with it. He commited no driving offence, he was pissed inside his car, that's all. You can speculate endlessly about what he might have done later, or might have done before if he wasn't nabbed, but that's not really relevant. He was in a car drunk. Not ideal, but that's it.
 

Accy cyclist

Legendary Member
He's rich, a property developer and he has a flash car. Oh, he's good looking, bearded and young. (Bast#rd!) . That's at least three trip-wires. That's nothing to do with it. He commited no driving offence, he was pissed inside his car, that's all. You can speculate endlessly about what he might have done later, or might have done before if he wasn't nabbed, but that's not really relevant. He was in a car drunk. Not ideal, but that's it.

But doesn't he admit to driving while drunk?

"He said that when they approached, they found “Mr Funarowa attempting to leave the vehicle and he was extremely unstable on his feet”. He told the officers, ‘I had driven from my friend’s house down the road, I have had three glasses of wine and spirits tonight’. He was clearly heavily intoxicated and had his car keys in his hands. He was arrested.”
 

slowmotion

Quite dreadful
Location
lost somewhere
They couldn't nab him for drunken driving, and , legally, rightly so in MHO. That's it really. Do you want to convict people whose faces you see in the paper and don't like because of their occupation, their car, or whatever doesn't fit your world? It's tempting, but it really isn't a good idea in a court.
 

vernon

Harder than Ronnie Pickering
Location
Meanwood, Leeds
“These are not, if you will excuse the phrase, digs like those we have seen on The Young Ones. These are relatively high-value digs." What in God's name does that have to do with anything? Is that not just posh-people talk for 'This is not just your average chap; this is a *rich* chap.' Shame on the court. "Funaro, of Chelsea, was also fined £400, ordered to pay prosecution costs of £300, a £150 court charge and a £40 victim surcharge." Talk about a deterrent...

Oh but there is a deterrent, an eye watering hike in his insurance premiums. Fifteen to twenty years ago someone I know had to shell out £7,000 per year for the minimum insurance insurance cover, Road traffic Act?, something that I don't think is available now. The property developer will have difficulty getting one of the mainstream insurers to consider covering him and he will have to use a specialist broker to fleece him.
 
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