Drunk drivers, what punishment.

ademort

On Friday a drunken driver in Axel, Netherlands. Apparently was two and a half times the drink drive limit, when he lost control of his car, hit a parked car and then crashed into a group of 5 cyclists who were out on a training run. It was around 20.15 in the evening and according to a police spokesman all cyclists were wearing reflective clothing and displaying the correct lighting at the time. One of the cyclists received a serious leg injury, while another had a shoulder injury. The other three cyclist came away unscathed but obviously shocked. The driver was taken away for questioning. As a CYCLIST THIS MAKES MY BLOOD BOIL.I just wondered if there are any legal eagles or boys/girls in blue out there, what could somebody in the U.K. expect to receive for a similar incident.Greetings Ademort

nwallace

http://www.lawontheweb.co.uk/crimedrinkdriving.htm

Failing to provide a roadside breath test (Code DR70)
Penalty - Fine - up to Level 3 (£1,000)4 penalty points on your licence
Disqualification is at the discretion of the Court

Driving/Attempting to Drive with excess alcohol (DR10)
Penalty - Fine - up to Level 5 (£5,000) and/or up to 6 months imprisonment
Mandatory disqualification for at least 12 months for first offence
Mandatory disqualification for at least 3 years for second offence within 10 years.

Being in charge of a motor vehicle with excess alcohol (DR40)
Penalty - Fine - up to Level 4 (£2,500) and/or up to 3 months imprisonment
10 penalty points on your licence
Disqualification is at the discretion of the Court

After Driving/Attempting to drive refusing to provide samples for analysis (DR30)
Penalty - Fine - up to Level 5 (£5,000) and/or 6 months imprisonment
Mandatory disqualification for at least 12 months for first offence (18 months tends to be the norm as you are considered to have been trying to avoid being found guilty)
Mandatory disqualification for at least 3 years for second offence within 10 years

After being in charge refusing to provide samples for analysis (DR60)
Penalty - Fine - Level 4 (£2,500) and/or 3 months imprisonment
10 penalty points on your licence
Disqualification is at the discretion of the Court

Not much questioning involved, "Can you blow in to this please sir"

Doesn't seem to be any set offences for causing injury though that's covered by "offences against the person"

MattBlackBigBoysBMX

2.5 times the limit in the UK would normally result in a two year ban, but 2.5 times the Dutch limit is only 1.5 times the UK limit, which would generally result in a one year ban.

That's without the complications of an "accident".

ademort

Accident only happened last friday so will have to wait and see what this driver gets. But just to give an example of the punishments handed out by dutch courts here is another one for you. In Haarlem, a town near Amsterdam two men were having a car race on public roads, both cars were more than twice the speed limit(caught on camera)one of the drivers hit a 15 year old girl who was walking accross the road with her bike and she died 6 days later. The driver was sentenced and originally received a one year ban, which has been reduced to 6months after an appeal he is now fighting the 6 month ban. In the first court case it was argued that he used his car as weapon to inflict injury on a person. He now is claiming that he did not know the person and had no reason to injure her.These are his grounds for appeal.Having read this what do you think the drink driver will get now. Greetings Ademort
I,ve lived in the Netherlands since 1992 , however the sentences or punishments hande out for certain crimes REALLY MAKE MY BLOOD BOIL

spen666

ademort wrote:

Accident only happened last friday so will have to wait and see what this driver gets. But just to give an example of the punishments handed out by dutch courts here is another one for you. In Haarlem, a town near Amsterdam two men were having a car race on public roads, both cars were more than twice the speed limit(caught on camera)one of the drivers hit a 15 year old girl who was walking accross the road with her bike and she died 6 days later. The driver was sentenced and originally received a one year ban, which has been reduced to 6months after an appeal he is now fighting the 6 month ban. In the first court case it was argued that he used his car as weapon to inflict injury on a person. He now is claiming that he did not know the person and had no reason to injure her.These are his grounds for appeal.Having read this what do you think the drink driver will get now. Greetings Ademort
I,ve lived in the Netherlands since 1992 , however the sentences or punishments hande out for certain crimes REALLY MAKE MY BLOOD BOIL

Do you really expect to find experts on the Dutch Judicial System and Dutch sentencing practices on an English cycling website?

You'd be better finding a relevant Dutch site to ask the question on.

There is zero connection between sentencing practices in England and Holland. Indeed even the basis of the legal systems are different

Big Red S

ademort wrote:

what could somebody in the U.K. expect to receive for a similar incident.

Not a lot.