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-   -   caught drink driving.. (https://britishexpats.com/forum/spain-75/caught-drink-driving-839020/)

dorishaslop Jul 18th 2014 8:42 am

caught drink driving..
 
Hi again my friends...

Just a quick question, What happens when you can't pay a fine?

My friend was in the Consum car park when he had a ding with another car... the owner of the other car was spanish and didn't want to accept any money... he wanted to call the police,, there was allegedly no damage to the other vehicle (I don't know as I wasn't there), but the police arrived and breathalised my friend, first test showed a level of .68 which apparently was an arrestable offence, the second test 30 mins later showed .54. he was issued with a fine of €1000.00, which is reduced by 50% if paid within 20 days...

my friend has no way of paying either of these amounts.. and I am just wondering what the outcome may be... will he go to Jail, will he be deported??? Will the authorities let him pay a little each month.. I have no idea.. but I am hoping someone out there will at least have a clue.. also, what are the jails like here in Spain, I was an officer in England, and when I left the poor lads that were incarcerated, they were usually either watching Sky, or playing on expensive games consoles... I used to get soooo annoyed... sometimes felt like breaking the law just to get their lifestyle... (just kidding lol )

hope someone can just give me a clue... xx

HBG Jul 18th 2014 9:02 am

Re: caught drink driving..
 
I would suggest that with the alcohol levels, presumably during the day, the person needs urgent medical attention of sorts. The most obvious answer is AA, very active in Spain, there will be a meeting within a short distance of where you live.

kimilseung Jul 18th 2014 9:04 am

Re: caught drink driving..
 

Originally Posted by dorishaslop (Post 11340886)
...my friend has no way of paying either of these amounts..

Sell the car.

Lorna at Vicenza Jul 18th 2014 9:09 am

Re: caught drink driving..
 

Originally Posted by kimilseung (Post 11340903)
Sell the car.

Speaking of the car, I'm now wondering what happened to it. Was the friend allowed to drive himself home again after being breathalysed and fined for being over the limit?

cardi Jul 18th 2014 9:21 am

Re: caught drink driving..
 
You were obviously not a police or prison officer in UK.

Failure to pay a fine results in further court action. Standard procedure will follow.
Yes, you can ask the court to allow you to pay by installments, many do this. Do this immediately for the lower amount.
Imprisonment is only likely for refusal to pay a fine.
Jail is not nice as you would have known if you hadn't obtained your 'facts' from the Daily Mail.

BEVS Jul 18th 2014 9:23 am

Re: caught drink driving..
 

Originally Posted by Lorna at Vicenza (Post 11340908)
Speaking of the car, I'm now wondering what happened to it. Was the friend allowed to drive himself home again after being breathalysed and fined for being over the limit?

One hopes not. Danger to himself and others.

Fred James Jul 18th 2014 9:26 am

Re: caught drink driving..
 
A reading over 60 is a prison offence, but in Spain they never send you to prison for a first offence if the sentence is less than two years unless it involves GBH.

Non payment of a fine will only give a short sentence and the same will apply.

A court should allow time to pay.

mikelincs Jul 18th 2014 9:27 am

Re: caught drink driving..
 

Originally Posted by dorishaslop (Post 11340886)
Hi again my friends...

Just a quick question, What happens when you can't pay a fine?

My friend was in the Consum car park when he had a ding with another car... the owner of the other car was spanish and didn't want to accept any money... he wanted to call the police,, there was allegedly no damage to the other vehicle (I don't know as I wasn't there), but the police arrived and breathalised my friend, first test showed a level of .68 which apparently was an arrestable offence, the second test 30 mins later showed .54. he was issued with a fine of €1000.00, which is reduced by 50% if paid within 20 days...

my friend has no way of paying either of these amounts.. and I am just wondering what the outcome may be... will he go to Jail, will he be deported??? Will the authorities let him pay a little each month.. I have no idea.. but I am hoping someone out there will at least have a clue.. also, what are the jails like here in Spain, I was an officer in England, and when I left the poor lads that were incarcerated, they were usually either watching Sky, or playing on expensive games consoles... I used to get soooo annoyed... sometimes felt like breaking the law just to get their lifestyle... (just kidding lol )

hope someone can just give me a clue... xx

Spanish jails are not nice places, they do not have all the niceties of UK jails. Possibly the driver of the other car smelt alcohol on your friends breath, which is why he called the police, as has been said, perhaps you need to get your friend to sort out the reason he was over the limit at that time of day.

Fred James Jul 18th 2014 9:38 am

Re: caught drink driving..
 

Originally Posted by HBG (Post 11340899)
I would suggest that with the alcohol levels, presumably during the day, the person needs urgent medical attention of sorts. The most obvious answer is AA, very active in Spain, there will be a meeting within a short distance of where you live.

I'm not disagreeing with what you say but the limits in Spain are far lower than the UK.

A reading of 60 in Spain, which as has already been said is a potential prison sentence, is equivalent of a reading in the UK of only 50% over the limit which is a comparably low reading by UK standards.

I'm not sure it is medical help that is needed, probably a lesson in social responsibility might be more appropriate. A driving ban should help in this regard but sadly it will only involve some more points deducted.

dorishaslop Jul 18th 2014 7:05 pm

Re: caught drink driving..
 
First of all.... Cardi.. You know absolutely nothing about my CV.. how dare you say I was OBVIOUSLY not an officer.. I was employed at HMP Coldingley at Bisley in Surrey.. Thank you very much... Being in the prison service does not mean that you need to have a diploma in court proceedings, no more than running a newsagent (as I also did) do you need qualifications in newspapers or confectionary... and what the Hell does the Daily Mail have to do with my question??!!

If you cannot answer a perfectly reasonable question without insulting people then please do me the favour of NOT READING MY POSTS!!!

dorishaslop Jul 18th 2014 7:10 pm

Re: caught drink driving..
 
Thank you to all others who answered my question... the incident happened at 20.30... he was in a car that had been lent to him by a friend...

As far as I am aware, his friend drove him home and did not leave the car with him.

I will mention to him that it may be wise to ask for permission to pay in instalments.

I have mentioned AA to him on many occasions, but without success.. but I am sure we all have friends we love very much but despair of their actions.. but he is a grown man and not my child.. thank goodness.

cliff b Jul 18th 2014 7:39 pm

Re: caught drink driving..
 
He had a couple of drinks up to 8:30 PM and he's being accused of being an alcoholic????

BLIMEY!!!! I better find my local AA along with several hundred thousand other people ;)

mikelincs Jul 18th 2014 7:43 pm

Re: caught drink driving..
 

Originally Posted by cliff b (Post 11341213)
He had a couple of drinks up to 8:30 PM and he's being accused of being an alcoholic????

BLIMEY!!!! I better find my local AA along with several hundred thousand other people ;)

The levels quoted were a bit more than a couple of drinks!!, in any case Doris says she has tried to get him to go to AA many times, which does seem to indicate he has a serious problem.

jimenato Jul 18th 2014 9:14 pm

Re: caught drink driving..
 

Originally Posted by cardi (Post 11340916)
You were obviously not a police or prison officer in UK.

Failure to pay a fine results in further court action. Standard procedure will follow.
Yes, you can ask the court to allow you to pay by installments, many do this. Do this immediately for the lower amount.
Imprisonment is only likely for refusal to pay a fine.
Jail is not nice as you would have known if you hadn't obtained your 'facts' from the Daily Mail.

What the **** has that got to do with procedures in Spain? Or are you seriously trying to suggest they might be the same as the UK?

dorishaslop Jul 18th 2014 9:52 pm

Re: caught drink driving..
 
and further to Cardi's comment... I happen to disagree with you regarding prison not being nice... from my view from working in one, it is not entirely unpleasant...
Three good meals a day, and a choice of menu at all three meals.. at lunch and evening meal there are mountains of loaves of bread and each inmate may take as much bread as they like, and the reason for this??? the yeast in the bread is good for making home made beer and wine if you can get hold of the other ingredients, which is also very easy... and ALL the prison staff know exactly that this is going on.. they just turn a blind eye to it as they do to a lot of other happenings...

Most prisoners have their own mobile phones as well as the use of the prison phone. pretty much "what they want, they get"

There are plenty of classes available to them of all sorts... but most spend their time mooching about and watching tv or playing games etc.. most prisons have very fancy gyms too.. top of the range machinery...

I could go on and on.. but I would just bore you...


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