Drunk Driver, Content May Upset Some

[MTL]

My family thinks it's a little crazy and morbid, but when we travel long distance as a large group, I insist on using two cars to avoid losing the whole family line in one fowl swoop.

well you can tell them about this story.

It happened at 4pm on a Sunday in a nice area.

[Cecelia]

I've driven after a drink before. Just once. My Blood Alcohol Content was well within the legal limit (though not for my age at the time). I was scared to death about it, and vowed never to do it again. Not even after just one drink. Unless I absolutely have to. (Like I'm being chased by a serial killer or something)

These stories always remind me of Ethan Couch who killed four people, and then got ten years probation. Honestly if you're driving past the legal limit, you should never be allowed to drive again. And if you kill someone, you should serve several years of jail time.

[MTL]

I've driven after a drink before.  Just once.  My Blood Alcohol Content was well within the legal limit (though not for my age at the time).  I was scared to death about it, and vowed never to do it again.  Not even after just one drink.  Unless I absolutely have to.  (Like I'm being chased by a serial killer or something)

These stories always remind me of Ethan Couch who killed four people, and then got ten years probation.  Honestly if you're driving past the legal limit, you should never be allowed to drive again.  And if you kill someone, you should serve several years of jail time.

As they keep reiterating:  if you're going to drink, don't drive.

The problem is that each drink you have,

clouds your judgement just a little bit more,

about whether or not another drink seems reasonable.

They're going to have to make cars that can test not only the breath, but all the biorhythms, or whatever,
of the person whose hands are on the wheel, whose feet are on the pedals,
whose butt is in the driver's seat,
and whose eyes are looking through the windshield from the perspective of the driver's seat.

I'm not in favour of Big Brother being all up in our business,
but if people are going to drink and drive (and they always will)
then

we are going to have to shut drunk drivers down by FORCE,
in SELF-DEFENSE,
because people won't police themselves.

I've said it before:

Drinking and driving is like firing a gun, deliberately and randomly into a crowd.

And it should be punished, accordingly.


I mean, what's the point of having a legal drinking age,
or insisting that kids be a certain age before being allowed to drive,

...if adults are going to act like children, anyway?

How many times have I read stories about how some wasted parent got busted
because their 10 year old was driving them home????

[Thumpalumpacus]

In California, DUI deaths are prosecuted as first-degree murder, and rightfully so.

[MTL]

In California, DUI deaths are prosecuted as first-degree murder, and rightfully so.

Absolutely.
The latest news on this case is that this rich asshole had seven prior offences on his record, of course.

[Thumpalumpacus]

Does Canada have a similar treatment of dui deaths?

[MTL]

Does Canada have a similar treatment of dui deaths?

There is no minimum sentence for impaired driving causing injury or death.

There are issues with imposing minimum sentences, like all too often the "minimum"
becomes the "average" and sentences end up too lenient, too often.

Conviction on the charge of Impaired Driving causing Injury or Death carries a maximum sentence of life imprisonment,
but this is almost never imposed, despite Canada having an average of 1,500 deaths per year as a result of impaired driving.  In one of the few cases where the offender received the maximum sentence of life imprisonment,
he already had 18 previous impaired driving charges on his record.

There is a push by concerned groups to ensure that repeat Impaired Driving offenders, who then become involved in an injury or death, always receive something closer to the maximum sentence.

In addition, if the offender is convicted of multiple counts of injury or death stemming from the same incident,
any sentences handed down will almost always be served "concurrently".

So in this case, if the driver is convicted of causing four deaths,
he may receive four sentences,
for four charges of impaired driving causing injury or death,
but he will doubtless serve them, concurrently, instead of consecutively,
which effectively means he only serves one sentence.

It now transpires that the seven previous offenses that they've mentioned,
were not for impaired driving, but for speeding, public intoxication, etc.

So while the judge may order him to receive treatment and counseling for alcoholism,
if this is his first impaired driving offense,
he will probably get off easy.

I'd be surprised if he gets much more than 3 or 4 years, tops.

The severity of the damage done, previous offenses, blood-alcohol content at the time of the incident,
whether the accused enters a Guilty or Not-Guilty plea, or shows remorse,
and Victim Impact Statements can all potentially affect the sentence.

Also, convicted offenders of impaired driving can apply for parole far too early into their sentence,
I think it's like after serving 1/3 of their sentence...although I'm not sure if this applies if the conviction is for causing injury or death.

[TheRocketSurgeon]

It's a good thing he didn't do something really dangerous, worthy of serious prison time, like growing marijuana for cancer and AIDS patients in the United States. That'll get you 30 years, and you don't even actually have to do it, only have someone say you did it.

The reason DUI is not more heavily punished is that it's the one crime that every (alcoholic) member of congress/parliament knows that one day they may be arrested for... it's a crime-of-the-wealthy, and not just/mainly of the poor. Hard to vote for harsh sentences for something you, personally, do every day. When not riding in your limousine, of course.

Same reason even in "Drug War" USA, we penalized crack cocaine at literally ten times the rate we punished powder cocaine. Wall Street and other wealthy white Americans do coke, while only poor black Americans do crack.

[Thumpalumpacus]

There is no minimum sentence for impaired driving causing injury or death.

There are issues with imposing minimum sentences, like all too often the "minimum"
becomes the "average" and sentences end up too lenient, too often.

Conviction on the charge of Impaired Driving causing Injury or Death carries a maximum sentence of life imprisonment,
but this is almost never imposed, despite Canada having an average of 1,500 deaths per year as a result of impaired driving.  In one of the few cases where the offender received the maximum sentence of life imprisonment,
he already had 18 previous impaired driving charges on his record.

---

There is a push by concerned groups to ensure that repeat Impaired Driving offenders, who then become involved in an injury or death, always receive something closer to the maximum sentence.

In addition, if the offender is convicted of multiple counts of injury or death stemming from the same incident,
any sentences handed down will almost always be served "concurrently".

So in this case, if the driver is convicted of causing four deaths,
he may receive four sentences,
for four charges of impaired driving causing injury or death,
but he will doubtless serve them, concurrently, instead of consecutively,
which effectively means he only serves one sentence.

It now transpires that the seven previous offenses that they've mentioned,
were not for impaired driving, but for speeding, public intoxication, etc.

So while the judge may order him to receive treatment and counseling for alcoholism,
if this is his first impaired driving offense,
he will probably get off easy.

I'd be surprised if he gets much more than 3 or 4 years, tops.

The severity of the damage done, previous offenses, blood-alcohol content at the time of the incident,
whether the accused enters a Guilty or Not-Guilty plea, or shows remorse,
and Victim Impact Statements can all potentially affect the sentence.

Also, convicted offenders of impaired driving can apply for parole far too early into their sentence,
I think it's like after serving 1/3 of their sentence...although I'm not sure if this applies if the conviction is for causing injury or death.

---

That's sad. Killing four people through a deliberate decision to take a chance on such an outcome should merit the sternest approbation, not the least.

[MTL]

There is no minimum sentence for impaired driving causing injury or death.

There are issues with imposing minimum sentences, like all too often the "minimum"
becomes the "average" and sentences end up too lenient, too often.

Conviction on the charge of Impaired Driving causing Injury or Death carries a maximum sentence of life imprisonment,
but this is almost never imposed, despite Canada having an average of 1,500 deaths per year as a result of impaired driving.  In one of the few cases where the offender received the maximum sentence of life imprisonment,
he already had 18 previous impaired driving charges on his record.

---

There is a push by concerned groups to ensure that repeat Impaired Driving offenders, who then become involved in an injury or death, always receive something closer to the maximum sentence.

In addition, if the offender is convicted of multiple counts of injury or death stemming from the same incident,
any sentences handed down will almost always be served "concurrently".

So in this case, if the driver is convicted of causing four deaths,
he may receive four sentences,
for four charges of impaired driving causing injury or death,
but he will doubtless serve them, concurrently, instead of consecutively,
which effectively means he only serves one sentence.

It now transpires that the seven previous offenses that they've mentioned,
were not for impaired driving, but for speeding, public intoxication, etc.

So while the judge may order him to receive treatment and counseling for alcoholism,
if this is his first impaired driving offense,
he will probably get off easy.

I'd be surprised if he gets much more than 3 or 4 years, tops.

The severity of the damage done, previous offenses, blood-alcohol content at the time of the incident,
whether the accused enters a Guilty or Not-Guilty plea, or shows remorse,
and Victim Impact Statements can all potentially affect the sentence.

Also, convicted offenders of impaired driving can apply for parole far too early into their sentence,
I think it's like after serving 1/3 of their sentence...although I'm not sure if this applies if the conviction is for causing injury or death.

---

That's sad. Killing four people through a deliberate decision to take a chance on such an outcome should merit the sternest approbation, not the least.

Many Canadians feel that our legal system is FAR too easy on criminals of this ilk.