pipme, if you are referring to comments i made then i suggest you re- read them. My problem was with the comments made by various people afterwards. Ninebob has made his bed and he totally accepts he has to lie in it. I have no problem with that. That is why i have tried to give some constructive advice to assist him so his life is not totally destroyed by a regretable action. If i didnt feel that he came across in that way i wouldnt have bothered.
A very serious post...
- Thread starter ninebob
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This is it pipme. You don't have to be drunk to drive badly and cause injury. People do that anyway. I was thinking about ninebob's situation again and wondering if the 'might have caused injury' scenario should be treated more leniently than the 'did cause injury' one. The conclusion is that I think it should be.pipme said:
Take another motoring situation. That of driving across a Zebra Crossing. Many motorists drive across these when it's obvious that someone wants to cross the road. I believe the rule is that if the pedestrian has one foot on the crossing and is waiting to cross, the motorist is supposed to stop and let the pedestrian go. Well, in practice there are occasions when this doesn't happen. I've seen cases where people are actually on the crossing yet the motorist still proceeds.
This can be considered breaking the law but because the driver didn't actually hit anyone, nobody is going to think much more about it. An everyday occurrence maybe warranting no more than a few tuts. The potential to cause injury was real enough though.
The driver is only going to be held accountable for this dangerous action if he or she does actually hit somebody on the crossing. So how is driving across a Zebra Crossing sober when people are on it but not injuring them, socially more acceptable than driving a car under the influence of drink but not injuring anyone? Both situations seem equally bad to me. Yet it seems that somebody driving under the influence will be judged on what might have happened, wheresas the driver going across a Zebra Crossing sober won't be.
Motorists get away with "what might have happened" all the time and they don't even have the excuse of being drunk. God knows how badly they'd drive if they were!
Do me a favour and read this. http://tinyurl.com/5rhn5 It's what happened when someone didn't stop for a pedestrian on a crossing. Any other time she might have got away with it and nobody would have thought any more about it would they? As I say, a couple of tuts perhaps. The cards fell wrong for her and the victim that day though. This caused more of a disaster than ninebob's action did but Hey! no drink was involved, so that's not so bad then. The driver got a few points on her licence and a fine.
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rider, in any case that goes before a court te facts of a case would be heard ie time of day, any injury, etc etc and the mitigation given by the defence ie in work truley sorry etc etc, so any punishment will be given weighed up on all these factors and not oh drink driver thats 1500 fine etc. There are certain however certain things which are mandatory ie minimum length of ban
An update. Decided to come clean and have spent this afternoon in a meeting with the GM and senoir HR at work.
I don't know a lot so far about what my fate will be, except that the preliminary will be on Wednesday. At that point I will be bailed pending a pre-sentence report approximately 2 weeks later. A custodial sentence is 90% likely.
Given the circumstances, the agreement with work is now that I will "cash in" my holidays and accrued lieu days. This will give me a couple of weeks "breathing time" to not have work to worry about. They've been very good about it, however, the general opinion is that they're doing me a favour - when I'm sentenced I can say I'm still employed by Hilton group. Obviously this will be looked on more favourably than being unemployed.
In reality though, whatever the sentence, I have been told that it will not be feasible to continue my job. My hope was, at some point, to be the GM of my own hotel. To do so, I would need to hold the liquor license for the establishment. With 2 drink drive convictions the magistrates would laugh me out of court for even applying.
Wednesday won't really tell me anything. I'll enter a guilty plea and sentencing will be deferred until I've seen the probation service for a report. There's no reason not to grant me bail so I will stay at liberty until the sentencing.
The worst thing of all about this is that I have had to tell my grandparents today. For reasons best left to another time, I was brought up by them rather than my parents. Grandad is 92 and I'm petrified that this could kill him.
Once again people, please learn from my idiocy. I'll keep you updated....
Si x
I don't know a lot so far about what my fate will be, except that the preliminary will be on Wednesday. At that point I will be bailed pending a pre-sentence report approximately 2 weeks later. A custodial sentence is 90% likely.
Given the circumstances, the agreement with work is now that I will "cash in" my holidays and accrued lieu days. This will give me a couple of weeks "breathing time" to not have work to worry about. They've been very good about it, however, the general opinion is that they're doing me a favour - when I'm sentenced I can say I'm still employed by Hilton group. Obviously this will be looked on more favourably than being unemployed.
In reality though, whatever the sentence, I have been told that it will not be feasible to continue my job. My hope was, at some point, to be the GM of my own hotel. To do so, I would need to hold the liquor license for the establishment. With 2 drink drive convictions the magistrates would laugh me out of court for even applying.
Wednesday won't really tell me anything. I'll enter a guilty plea and sentencing will be deferred until I've seen the probation service for a report. There's no reason not to grant me bail so I will stay at liberty until the sentencing.
The worst thing of all about this is that I have had to tell my grandparents today. For reasons best left to another time, I was brought up by them rather than my parents. Grandad is 92 and I'm petrified that this could kill him.
Once again people, please learn from my idiocy. I'll keep you updated....
Si x
My plan is to take the duty solicitor at court on the day, just so I have one present. But I intend to represent myself in terms of standing up and talking in mitigation etc. I'm an articulate guy, I feel that I can put things in my own words and perhaps show that I'm not the a**ehole the charges would suggest.Thermo said:
ninebob,
by all means do what you wish, but dont go for the duty on the day. Your future depends on what happens there, so do you really want to entrust it to someone you havnt met before and who you dont know? Take some advice, get yourself a solicitor tomorrow. He will have time to review your case and advise on the best course of mitigation to take. Im sure you are a wholly articulate man, but on the day you will feel under enourmous pressure, standing in an alien environment, not really knowing what goes on. I used to love appearing in court, but only because i knew what i was doing, knew the magistrates, the clerks, solicitors and the way it all worked. Get yourself a solicitor, it will help with the presentance reports as well.
by all means do what you wish, but dont go for the duty on the day. Your future depends on what happens there, so do you really want to entrust it to someone you havnt met before and who you dont know? Take some advice, get yourself a solicitor tomorrow. He will have time to review your case and advise on the best course of mitigation to take. Im sure you are a wholly articulate man, but on the day you will feel under enourmous pressure, standing in an alien environment, not really knowing what goes on. I used to love appearing in court, but only because i knew what i was doing, knew the magistrates, the clerks, solicitors and the way it all worked. Get yourself a solicitor, it will help with the presentance reports as well.
My plan is to take the duty solicitor at court on the day said:i dont know if being articulute is nesiseraly a good thing [your a clever bloke you should know better]
would definatly get as much advice as possible if they want to tie you up in legal jargon you want some idea of what they are on about and the propper answer to give [eg what they want to hear]
D
david and julie
NO ninebob, Take thermo's advice on this it could make all the difference. You want a specialist lawyer in this area really, if he can save you going down it means everything, not just your liberty mate.
When you talk about magistrates and your future job prospects this depends when the convictions become spent and when you apply, it may be illegal for them to hold it against you after a certain time. Read this link
http://www.lawontheweb.co.uk/rehabact.htm
As I said if you can avoid going down it means everything to you. I wouldn't wish to offend but I can't see the duty solicitor having the same interest in it myself.
I
When you talk about magistrates and your future job prospects this depends when the convictions become spent and when you apply, it may be illegal for them to hold it against you after a certain time. Read this link
http://www.lawontheweb.co.uk/rehabact.htm
As I said if you can avoid going down it means everything to you. I wouldn't wish to offend but I can't see the duty solicitor having the same interest in it myself.
I
put it another way ninebob, how did you present yourself at the meeting you had with your bosses today? Nervous wreck? Thats an environment you feel comfertable in. Ive seen lots of people shoot themselves down in flames in court. We used to love it when someone defended themselves, we knew we were onto a winner. It is a game. They all know each other. Cps want to win the case, but will normally let the mitigation go to a certain extent, so get the solicitor to do it for you. If you dont like what he says, or feel you want to add to it then you can ask the bench to hear what you have to say, but he will make the opening gambit and basically say it in the way they want to hear. Hope it makes sense.
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