Drink Driving - Help Please

#1
One of my soldiers (honestly) was caught drink driving roughly a year ago.
Whilst never acceptable there were several mitigating factors and he is first rate.

He was given and 18 month ban, which could be reduced to 12 months on completion of a drink awareness course. He booked this course and was due to attend last December.

However, the Army required the soldier to go to Kenya and he missed his course, although he phoned in advance to say so. The solider has now been told that he cannot do another course as he has missed his window. He has been told he has no right of appeal.

Does anyone have knowledge of this situation? It seems unfair that he cannot take another course.

I would be very grateful for any advice or a suggestion of who I could call. Have tried Ciitizens' Advice but not much luck.

Cheers.
 
#3
He may jsut have to accept his 18 month ban. But its best to get advice on this from the ALS. Its always worth a try... after all nothing is gained from not trying.
 
#4
I had a very similar experience a couple of years back with one of my lads. He was just over the limit, (had 2 ½ pints). He got an 18 month ban, did the drink awareness course and had the ban reduced to 12 months. He was due to go on a specialist training course during the awareness course which we had to cancel on the advice of the local civ pol who stated that if he missed any of the classes (I think he had to attend 3 or 4) the ban would not be reduced. I don’t think there is any way around it as its government policy controlled by the courts.
 
#5
I agree with the previous answers, however it may be worth a letter from the OC to the relevant Court explaining the unavoidable naure of your toms absence. It's hardly the same as some feckless chav failing to be arrsed to attend.

My only concern would be that, given how slowly the wheels of justice turn, the 18 months may be up anyway before anyones made a decision.
 
#6
Thanks very much for all the helpful replies. I agree with each of them. Suspect that LBE is probably pretty acurate when he says any decision will come after ban would have expired anyway.

Still worth trying, though. Shall start sending letters.
 
#7
18 months is a very long time for a ban, its either a repeat offence or he was more than a pint over the limit, i would treat his story with some sceptisim if i were you.

Trotsky
 
#8
Trotsky said:
18 months is a very long time for a ban, its either a repeat offence or he was more than a pint over the limit, i would treat his story with some sceptisim if i were you.

Trotsky
I think thats now standard, with the course knocking a bit off.
 
#9
Trotsky said:
18 months is a very long time for a ban, its either a repeat offence or he was more than a pint over the limit, i would treat his story with some sceptisim if i were you.

Trotsky
Iffley made no reference to how over the limit this soldier was, so not really helpful.
As your location suggests that you are plod perhaps you would be able to give him some advice?
I know sniping is more fun though..
 
#10
I know what you mean and would probably think the same if I were you but a mate went to court with the soldier so I'm sure it's genuine.

I do hope you're not implying soldiers tell lies. Next you'll be saying they don't love hill walking.
 
#11
TBH by the time he gets agreement to attend another course and actually complets it, his 18 mths will be up.

Well done the unit for supporting him and allowing him to complete the course (Not)
 
#12
Bit of advice please. One of the lads here in Deutchland was pulled for D&D by GCP. Was taken to the nick for bloods. Dr took 2 hours to come out to the nick (and the lad ended up having to take his own blood as the Dr was 4 sheets to the wind and was stabbing him to death.) Blood results not back. The GCP have confiscated his licence and are now saying they haven't. The lad is convinced that he will not fail the Blood test. The CoC are preparing to move against him in respect of AGAI action army into disrepute and all that milarkey. Should he just accept (as he is considering) or should he fight it? (the army side of it I mean)
 
#13
how can you take your own blood sample??

Very difficult to do that and am sure not allowed in a legal situation such as this.....
 
#14
Agree with Applehead am not a Medic nor a legal eagle but you can't take your own bloods. It has to be a Police Surgeon and somebody with qualifications. I do understand about the Quck being drunk. I know of One Police Surgeon who if called out has to get lifted by the peelers and taken to the station. He had "a couple of glasses of wine" so was not fit to drive. He was often drunker than the DUI scrote he was testing. But at least he didn't use the car to to the Police Barracks. He was a legend.

Whilst I hate DUI I think that this case should be thrown out & the German GP reported. Yer man has quite a strong case and could even counter sue for for being injured by a drunk German GP !!
 
#15
BPS666 said:
Bit of advice please. One of the lads here in Deutchland was pulled for D&D by GCP. Was taken to the nick for bloods. Dr took 2 hours to come out to the nick (and the lad ended up having to take his own blood as the Dr was 4 sheets to the wind and was stabbing him to death.) Blood results not back. The GCP have confiscated his licence and are now saying they haven't. The lad is convinced that he will not fail the Blood test. The CoC are preparing to move against him in respect of AGAI action army into disrepute and all that milarkey. Should he just accept (as he is considering) or should he fight it? (the army side of it I mean)
Sounds like someone is jumping the gun.

He should be seen as innocent until proven otherwise. At least that's my understanding of the law. Thereafer, the severity of administrative action is generally guided by the civilian sentence.

No results and/or charges = no evidence to support administrative action - yet.

Simple. Fight it.
 
#16
German rules are different-if he had alcohol in system at whatever level and had an accident, he's screwed. If he's been driving for a short time (can't remember if its two or three years) he's screwed. I think if under 21 with alcohol....you get the picture.

I'd be stunned if he's telling the whole truth about the blood...

As for AGAI, you can be discharged at court without sentence but still be AGAI'd-in certain situations. I can't see drink-drive being one of them. He's either over the limit or he's not.

If not, he can't be AGAI'd - unless the whole tale hasn't been told.
 
#17
Unlucky.

He got banned a year ago for 18 months and leaves it almost a year to take the course? Should have booked it straight away rather than leaving it to the last minute.
 
#18
Northern Monkey said:
TBH by the time he gets agreement to attend another course and actually complets it, his 18 mths will be up.

Well done the unit for supporting him and allowing him to complete the course (Not)
I can’t agree with you on that one mate.

He was guilty and got convicted of drink driving (or whatever the charge). That is his fault (even if it was the morning after for instance).

Why should the unit arrange their schedules around him?

What if by releasing him it would have meant another (innocent) soldier having to deploy and having to cancel a career course for instance.

I know it’s an old cliché, however, “Commit the crime be prepared to do the time”

As for the other case, it sounds very much like the good old angelic soldier with the puppy dog eyes swearing blind that “it wasn’t me sir, honest” for the umpteenth time :wink:
 
#19
I partly agree on the first point CAARPS. On the other hand before the introduction of these courses, he probably would have got a 12 month ban. In other words, the goal posts have shifted. Then again, if you don't drink and drive you don't get any ban, like you say.

The second instance is balls. If true, he can only hope GCP back it up. He should have asked for RMP to be called who could at least have witnessed events. Fact is, if initial tests were failed, he isn' t that far off the legal limit, so God knows where his confidence comes from!
 
B

Biscuits_AB

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#20
in_the_cheapseats said:
BPS666 said:
Bit of advice please. One of the lads here in Deutchland was pulled for D&D by GCP. Was taken to the nick for bloods. Dr took 2 hours to come out to the nick (and the lad ended up having to take his own blood as the Dr was 4 sheets to the wind and was stabbing him to death.) Blood results not back. The GCP have confiscated his licence and are now saying they haven't. The lad is convinced that he will not fail the Blood test. The CoC are preparing to move against him in respect of AGAI action army into disrepute and all that milarkey. Should he just accept (as he is considering) or should he fight it? (the army side of it I mean)
Sounds like someone is jumping the gun
Sounds more like someones telling lies. Can you honestly see any police force allow a drunk prisoner near the sharps? Yet another squaddie in denial? You got caught, tough sh*t.
 
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