Caught drink driving while banned-for drink driving!

[kandl]

Hi folks,

This is my first ever visit to this site so please be gentle

My Mums rather stupid ex partner was caught drink driving (driving from pub to his house) a couple of weeks ago. I dont know what he blew, my Mum never asked him, but they went through all the normal procedures-he was arrested, charged and was up in court last week. He told my Mum, who by the way has never driven and has had her mind warped by this guy for the last 8 years, that he had NOT been banned and only received a fine. She believed him until friends and family told her otherwise. He HAD been banned but was still drink driving and the idiot got caught AGAIN 4 days after he had been in court for the same offence! Does anyone know what kind of sentence/conviction/penalty that can carry?

Also is there a forum on here where i can get advice for my Mum re harrassment as the guy ive mentioned has been following her for the last 3 years since they split and is aggressive and controlling and getting worse. Shes been nice to him just to keep the peace because she scared to death of this man. She found him snooping around the outside of her house the other night and the police are involved but she is scared of any repurcussions as hes a very nasty piece of work.

Thank you in advance

[Bazooka Boo]

With a little luck this latest D&D episode will see him put behind bars.

 

Get onto the old bill again and have them advise your Mum, I'm thinking she should get a restraining order put on him, and change the locks if he is likely to have a key, bolster the security in the house, deadlocks, door chains, get a panic alarm for her,

[BankFodder]

We don't have a forum for harassment - and we probably should have.

For the moment, post it all here and we can help.

 

If she wants to deal with the harassment, clearly it is going to get worse before it gets better.

She will have to complain to the police and she may have to start her own action as well. She will need lots of support from you and other friends and she may need somewhere else she can stay while things are in process.

 

I think that she should start off by making a detailed written account of everything that has happened since the beginning.

 

She should take a few days about it and add things as she thinks of them because I am sure that new things will occur to her as she writes it up.

 

The statement should be as detailed as possible including detailed accounts of conversations. Everything should be dated - as far as possible.

 

Very importantly, she should not keep the statement at home or anywhere where he might have access. If he gets hold of it, he will destroy it and also it will inflame matters.

 

It will be painful for her to remember everything and to write it down but it will probably do her a lot of good as well.

 

Once this is done, then she should go to the police and lodge a formal complaint and give them a copy of the statement as a basis for the complaint.

 

She should also start a civil action and get an emergency interim injunction t prevent him approaching her. We can help you do this.

[kandl]

We don't have a forum for harassment - and we probably should have.

For the moment, post it all here and we can help.

 

If she wants to deal with the harassment, clearly it is going to get worse before it gets better.

She will have to complain to the police and she may have to start her own action as well. She will need lots of support from you and other friends and she may need somewhere else she can stay while things are in process.

 

I think that she should start off by making a detailed written account of everything that has happened since the beginning.

 

She should take a few days about it and add things as she thinks of them because I am sure that new things will occur to her as she writes it up.

 

The statement should be as detailed as possible including detailed accounts of conversations. Everything should be dated - as far as possible.

 

Very importantly, she should not keep the statement at home or anywhere where he might have access. If he gets hold of it, he will destroy it and also it will inflame matters.

 

It will be painful for her to remember everything and to write it down but it will probably do her a lot of good as well.

 

Once this is done, then she should go to the police and lodge a formal complaint and give them a copy of the statement as a basis for the complaint.

 

She should also start a civil action and get an emergency interim injunction t prevent him approaching her. We can help you do this.

 

hi folks thanks for your replies. My poor mum has been abused in so many ways by this man over the years. Hes demanded sexual favours in return for lending her money, held a knife to her throat, tried to run her over, said he would pay to have my younger brother killed, hid food from my younger brother, stopped him from seeing family and grandkids (my kids)...

[Desperate Daniella]

Your poor mum.

 

She's in a very frightening situation at the moment and obviously more frightened of what he may do if she takes action against him. However, he could already have succeeded in killing her when he ran her over.

 

She really needs to take action. She might feel happier knowing he is inside when she starts this. Drink driving cases usually come to Court very quickly and I hope he'll be dealt with harshly especially in light of his immediately re-offending. Do you know when his case will be heard?

[erickawear37]

People who drink drive always receive a ban not a fine. A solicitor friend of mine was pulled for drink driving and even him with all his law knowledge got banned for a year. If hes been banned already a prison sentence is could be likely. Bless your mum

[kandl]

People who drink drive always receive a ban not a fine. A solicitor friend of mine was pulled for drink driving and even him with all his law knowledge got banned for a year. If hes been banned already a prison sentence is could be likely. Bless your mum

 

hes even threatened to have my younger brother killed and would hide food from him. My brother was only 17 when they met so still lived at home and he never wanted him around so would do everything to drive my brother out and he did eventually. My Mum has lost everything as shes had to move 3 times to try get away from him, shes even had to rehome her dog and cats. Shes living with her cousin now and he had started to get the message finally but hes started again....shes finally plucked up the courage to involve the police but she still scared. She doesnt want me involved cos of my little ones but it was me who reported him for drink driving and thats whats spurred her on to report him. My brother and mums relationship has really suffered as he always said she picked her ex over him but he didnt fully understand what was going on

[borisbeaver]

All I can say that I echo what the guys have posted. You need to lodge a complaint with the police. No-one should suffer harrasment.

[kandl]

All I can say that I echo what the guys have posted. You need to lodge a complaint with the police. No-one should suffer harrasment.

 

thanks. I totally agree with you. Poor woman has been through hell because of this horrible person. Hes added years to her hes tried to alienate her from her family especially me and my brother and my children. She has reported it to the police-they came to see her yesterday and are writing up a report. They said they are going to see he ex and are going to tell him to keep away. Whether it will work or not i do not know-if he will still drive while banned then i doubt he will keep his distance from my Mum. He warned her that if she ever rang the cops on him it would be the last thing that she would ever do as they would find her dead. So how will she go about getting an injunction/restraining order. Does she need to go through a solicitor?

[Desperate Daniella]

She should get a solicitor to make an application to the Court. The local CAB should be able to advise her on a suitable solicitor.

 

I can understand her complete and utter terror. Follow the security suggestions made by Bazooka Boo above.

 

You said the police were involved the other night. Go back to them, tell them he has been charged with the second drink driving offence if you haven't already done that, and that you are applying for a restraining order, but that you and she are very scared right now, and can they keep an eye on things around where she lives.

 

His behaviour towards your mother shouldn't affect his sentence for the drink driving, but at least the police will know they are dealing with a very nasty individual and hopefully they will throw the book at him.

[Aretnap]

Drink driving and driving while disqualified both carry maximum sentences of six months in prison. In practice it's rare to go to jail for a first offence of driving while disqualified - but the fact that he was drunk, and it was only 4 days after the ban was imposed - for the same offence - may well tip the balance. The court has to consider the risk posed to the public by someone who's obviously not going to abide by any ban - or even lay off the booze for a bit. Did he get bail after he was arrested? The risk of him reoffending before his next court hearing must be pretty high.

 

It sounds like prison's the right place for him. However, with automatic release after half his sentence, or even release on a home curfew after quarter of his sentence, he probably won't spend more than a few weeks inside - for the driving offences at least.

[Desperate Daniella]

Sadly it won't put him away for very long, as you say, but it may give kandl's mum a bit of breathing space to get a restraining order in place.

[kandl]

Hi Aretnap-im not sure if he has been bailed,like I said I dont have anything to do with him and my Mum is trying to ignore his calls. He needs the book throwing at him for the drink driving and. for what hes done to my Mum. Hes a danger to everyone, including himself. And youre right Daniella, my Mum would be so grateful of the peace and quiet while she gets the ball rolling with some kind of restraining order. Im worried that hes going to start kicking off now that he knows shes told the police everything. But shes got a great support network-she lives with her cousin, her other cousin lives across the road,their friend lives round the corner and my brother and his OH a couple of streets away. I live 11 miles away in the next town but Mum knows im only a phone call away. Im not alone in reporting him for drink driving either, my Mums just told me that her cousin and their friend reported him too to crimestoppers

[Desperate Daniella]

If any of your family or friends can get him caught again it can only make things worse for him. Tell them all to keep an eye out and call 999 if they see him in a car.

[kandl]

Mums cousin has been calling the police everyday by the sounds of it! Hes been arrested charged and banned and then caught again and STILL driving so they will catch him again, sooner the better

[Kiki1]

From the first post, the car he was/is driving cannot be in his name, as he would get caught almost immediately with the ANPR stuff around.

 

Whatever registration numbers you can find on the cars, write them down and pass them onto the police. Whoever he is borrowing them from is also up for aiding and abetting.

[caro]

This link may help your mum get help locally. http://www.womensaid.org.uk/

[jackieandwayne]

Ditto re Caro's link above. Also, get mum to take a trip to see the local homeless advisor at the Council - due to the circumstances, and the good evidence trail with the police, you night find she is classed as homeless on the grounds of vulnerability etc. In any case they can quickly get her in touch with Womens Aid and such like.

 

Also, how about getting your mum one of those really loud panic alarms that are worn on the person? Anytime he approaches, she pulls the pin, the noise is ear shattering and attention is called to any unpleasant situation immediately.

 

Good on your mum - when she is truly angry rather than frightened she'll find he has no power over her. X

[kandl]

Hi folks, just an update on the situation with my Mum. She text this morning to say he had been "rubber necking" as she calls it (driving past her cousins REALLY slowly trying to peer in windows) then drove off. I told her should he come back, park outside and not move like he usually does, then she was to phone the police without hesitation. He didnt come back. Last nite he left her a series of voicemails saying "why keep turning your f***ing phone off you b**ch" and he was being really aggressive. Ive told her to save ALL these messages as proof if the cops are called again. The police have not been to see him yet so my poor old Mum is thinking that shes in this alone with no help from the police as she thinks they arent bothered. The officer she saw said he was going to write a report up and ring her back with another crime number but shes heard nothing yet and its been 2 days. Ive been in touch with a solicitor today re advice on restraining orders, just waiting for someone to call me back

[Desperate Daniella]

Are the police allocating an officer who specialises in domestic violence? If you haven't already done so, ask specifically to speak to someone in that unit.

 

Also, report that he has been rubber-necking; it doesn't matter if he doesn't stop, it is still menacing.

 

You should also ask that they come over today and listen to the voicemails.

[Bazooka Boo]

Here is some more info I found from Victim Support.

 

http://www.victimsupport.org.uk/Help-for-victims/Different-types-of-crime/Stalking-and-harassment

[renegadeimp]

Are the police allocating an officer who specialises in domestic violence? If you haven't already done so, ask specifically to speak to someone in that unit.

 

Also, report that he has been rubber-necking; it doesn't matter if he doesn't stop, it is still menacing.

 

You should also ask that they come over today and listen to the voicemails.

 

To add to this, do NOT speak to your local unit. Go to your nearest main Police station. You will get results faster.

Edited April 17, 2013 by renegadeimp

[kandl]

Hi

The officer my Mum spoke to on Monday should have been back in touch with her but he hasnt been. The solicitor howevet has been and has said she must keep voicemails etc and must ask for help with a restraining order /injunction asap as although things are settling down and getting quiter now, his next little outburst could be worse than the last eg instead of snooping around the outside if the house he could smash windows and try force his way into the house. The policeman Mum saw on Monday said it wasnt a criminal case as the only physical violence there has been is when he held a knife to her throat 2 years agi. What about the time he trapped her arm in the door and it was black and blue and the time he tried to run her over? Domestic abuse isnt just physical, theres emotional, financial, sexual and mental abuse-all of which my Mum has suffered at the hands of this man.

[renegadeimp]

GO to your nearest MAIN police station. You will get to see a member of the domestic abuse team then. Not a simple street officer who doesnt know the rules. Street officers or desk officers think its only a crime if something physical happens. The Domestic Abuse unit knows EVERYTHING about what goes on. Inside and out. They will help.

[Desperate Daniella]

This is verbal assault and harassment and he can be arrested for either.

 

The policeman you have got sounds very inexperienced and you must insist that you and/or your mother gets to speak to someone in the Domestic Abuse Unit who will know what they are talking about. They will understand and they will help.

 

This man sounds very dangerous. I have thought about saying this and I don't want to worry you further, but if your cousin doesn't have a smoke alarm in the house she needs to get one, and they should also follow all the other security advice Bazooka has given here.