glenn forger
Guest
http://www.edp24.co.uk/news/hungove..._prison_court_told_1_3802571#article-comments
Driving while hungover just "careless", legal system decides.
Driving while hungover just "careless", legal system decides.
Hungover driver kills cyclist, walks free.
- Thread starter glenn forger
- Start date
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numbnuts
Legendary Member
- Location
- Gone over the hill and far away
and now one of life's takers
Pale Rider
Legendary Member
Lots of death by careless cases - not just cyclists - are now dealt with by magistrates and often do not result in a custodial sentence.
Death by driving offences are fairly new.
Originally, it was just death by dangerous.
Problem there was juries thought "I'm not convicting someone and probably sending them to prison just for having an accident".
Thus the lesser charge of death by careless was introduced for cases which a lot of road users would describe as accidents.
This guy veered across the white line - we've all done it.
The consequences could not be more serious, but it still seems harsh to send a bloke to prison for what, to use the court definition, was "a momentary lapse of attention".
Death by driving offences are fairly new.
Originally, it was just death by dangerous.
Problem there was juries thought "I'm not convicting someone and probably sending them to prison just for having an accident".
Thus the lesser charge of death by careless was introduced for cases which a lot of road users would describe as accidents.
This guy veered across the white line - we've all done it.
The consequences could not be more serious, but it still seems harsh to send a bloke to prison for what, to use the court definition, was "a momentary lapse of attention".
OP
OP
glenn forger
Guest
The evidence is that it wasn't a momentary lapse at all, Peter Thornett felt so bad he had already texted people to change his plans that day. Not well enough for hockey, well enough to drive, he thought, fatally. The risk was transferred, he was too ill to play a game but decided driving a ton of metal was ok. Getting in a car while complaining about the effects of alcohol is nowhere near a momentary lapse.
mickle
innit
- Location
- 53.933606, -1.076131
No, we absolutely have not all done it.
OP
OP
glenn forger
Guest
Maybe he didn't want to play hockey because he was so hungover he was worried he'd get hurt?
blazed
220lb+
Or maybe because most people do not like strenuous exercise with a hangover. It was an accident, the wife of the killed man herself said she felt the sentence was fair. He is not going to walk free like you say in the title his life will never be the same. What is sending him to prison with career criminals going to accomplish?
OP
OP
glenn forger
Guest
Two things:
A proper punishment for someone who killed and
A deterrent to other people
This sentence provides neither.
And this was no "accident", to describe this man's actions as accidental is insulting.
A proper punishment for someone who killed and
A deterrent to other people
This sentence provides neither.
And this was no "accident", to describe this man's actions as accidental is insulting.
Pale Rider
Legendary Member
So if he didn't do it 'by accident', how did he do it - deliberately?
The system has decided there are no accidents on the road, only collisions, so there must always be someone to blame.
Trouble is juries, judges and magistrates think like the rest of us, there are accidents, and while one party might be to blame, their degree of culpability varies.
An awful lot is being made of this bloke being hung over, but he passed the breathalyser so he was fit to drive from a blood/alcohol standpoint.
OP
OP
glenn forger
Guest
He didn't climb into his car and start the engine by accident. He wasn't fit tto drive, he drove and killed somebody and got fined less than the cost of the bike.
Cycleops
Legendary Member
- Location
- Accra, Ghana
The victims wife said she thought the sentence was fair, she could have appealed it if she considered it otherwise.
Pale Rider
Legendary Member
Very hard to determine, even with a prior medical examination.
Any judgment on here as to his fitness to drive is nothing more than guesswork.
I had severe 'flu a week ago, I would liken the symptoms to being hungover.
Was I fit to drive? I didn't feel like driving, which is not the same thing.
Sara_H
Guru
If we accept that fatal accidents just happen, without any blame on the part of the person operating the deadly vehicle, and agree that this is just an acceptable part of using the road, then isn't it time to say that cars and bikes don't belong on the the same road as each other?
I didn't sign up to this agreement that I accept that it's ok for someone to just kill me.
steveindenmark
Legendary Member
Its a difficult one.
Not drunk enough to fáil a breath test but obviously too impaired to drive. Im sure most of us have been in the position where we are too tired to be driving and in hindsight, shouldnt have. But it is difficult to make laws for every single eventuality.
Certainly, an avoidable accident where all parties are going to suffer for years to come.
A timely reminder, coming up to Christmas.
Not drunk enough to fáil a breath test but obviously too impaired to drive. Im sure most of us have been in the position where we are too tired to be driving and in hindsight, shouldnt have. But it is difficult to make laws for every single eventuality.
Certainly, an avoidable accident where all parties are going to suffer for years to come.
A timely reminder, coming up to Christmas.
