Drunk driver maims biker and gets custodial sentence?

[st13phil]

Nope. Unlike the 122mph biker who didn't actually injure anyone but got banged up for 6 months, this muppet gets drunk, drives into the path of a biker who suffers a broken leg, broken thumb and burns that left him permanently scarred, yet the perp gets a 15-month ban, 6 points on his license, fined £100 and a 100-hour Community Service order.

 

[stevesey]

Interesting question that raises:

The Biker was done for dangerous driving (willfully, when he was in full control and aware of his actions). It doesn't say what the driver was charged with but we can assume that it was alcohol related (so therefore by definition his judgement is impared - even his judgement to get in the car in the first place).

Justice* seems wrong in this case - but if you take a step back and take the point that the punsihment should reflect the crime and possible consequences (but not the actual consequences i.e. the drunk could have just hit a parked car and the Biker could have casued a fatal crash) would you swap the verdicts?

Discuss.

*Justice and the Law are of course two different things the latter doesn't always result in the former.

 

[Rovinghawk]

therefore by definition his judgement is impared

He chose to drink, therefore he can hardly deny responsibility for the consequences.

the punsihment should reflect the..............possible consequences

No way- the punishment should be related to what happened, not what didn't happen

RH

 

[shorty]

This makes me laugh . The bloke on the bike speeds and could kill or hurt some one , so he goes to jail .But the drunk muppet crashes and hurts some one ,and gets a slap on the wrists . Life is not fair .
A friend off mine was jailed a few years back for speeding , think he was doing around 120 , he got 9 months ! locked up with murders , rapests and druggies , hes crime driving to fast on a bright summers day

 

[Sp!ke]

A friend off mine was jailed a few years back for speeding , think he was doing around 120 , he got 9 months ! locked up with murders , rapests and druggies , hes crime driving to fast on a bright summers day

That's precisely why I had to get rid of my Hayabusa.

 

[shorty]

im thinking of buying one , just need to move the blade on frist . I rode one a few years back and i was very impressed , great power and comfort

 

[stevesey]

No way- the punishment should be related to what happened, not what didn't happen

RH

We'll have to differ on that one - I believe the sentance should reflect the crime, not the actual consequences. So:

DD - demolishing an empty bus stop, should carry the same term as a live bus queue.
Likewise for DUI.
Attempted robbery, the same as successful robbery.

 

[Rovinghawk]

demolishing an empty bus stop, should carry the same term as a live bus queue.

Yeah- punish people for what didn't happen.

We will have to differ on that one.

Having said that, I have zero sympathy for any sentence given to drunk drivers, no matter how harsh.

RH

 

[Sp!ke]

We'll have to differ on that one - I believe the sentance should reflect the crime, not the actual consequences. So:

DD - demolishing an empty bus stop, should carry the same term as a live bus queue.
Likewise for DUI.
Attempted robbery, the same as successful robbery.

How about a crime of having the potential to demolish an empty bus stop or guilty of having the potential to do a robbery?

One simply cannot convict people of something they 'could' have done.

 

[st13phil]

One simply cannot convict people of something they 'could' have done.

Agreed. However, it appears that if you ride a bit fast on a Hayabusa you get banged up for six months based on what might have happened but patently didn't, yet if you choose to drive a car whilst knowingly impaired through alcohol and do actually seriously harm another human being who ends up being scarred for life as a result of your actions it doesn't warrant "a custodial sentence to demonstrate the gravity of the offence". Doesn't that stike you as a little odd?

 

[Apial]

So if I blow the safe and it has no money in it do I get a lessor sentence?

 

[219]

Old story :

Judge - " Not Guilty , due to lack of evidence , you are free to go "

Burglar - " Does that mean I get to keep the watch , M'lud ? "

 

[Druk]

Derek.

What's your take on the Ayrshire polis that's got done for beating up two thugs who were beating up on duty firemen but who got off scotfree themselves?

 

[verytalldave]

We could all run around like headless chickens with "what ifs".........
The fact is that if the biker had not been carrying his son he would probably have not got a custodial sentance. It was, in effect, a very big smack on the wrist.
As far as the drunk driver case.....
If you bother to read the full transcript of the case, you will see there are extenuating circumstances which no doubt affected the severity of the penalty.
I am not making excuses for drink driving. All I am saying is that it is sometimes very difficult - and sometimes wrong - to compare 2 cases as though the circumstances are the same. These 2 cases are completly different and as such valid comparisons cannot be made.

 

[Benzowner]

How about a crime of having the potential to demolish an empty bus stop or guilty of having the potential to do a robbery?

One simply cannot convict people of something they 'could' have done.

On the same basis, surely we all have cars capable of exceding 100mph so should we be preconvicted of speeding, before we actually commit the crime?

Whilst I can understand the potential for accident of the speeding motorcyclist, imo the drunk driver has a far higher potential for an accident.

 

[oldcro]

How about a crime of having the potential to demolish an empty bus stop or guilty of having the potential to do a robbery?

One simply cannot convict people of something they 'could' have done.

How about carrying a firearm or a lock knife in public? Under the wrong conditions both are illegal and liable to incur severe punishment. Carrying tools suitable for breaking and entering say at night with no justification.

These are just some examples of laws designed to prevent people doing something wrong.

 

[bigyin1]

That's precisely why I had to get rid of my Hayabusa.

thats why i got rid of my ZX9r..... and that was in 2001!! faaar too easy to speed.. and car drivers just don't understand how quick modern bikes are no comprehension what-so-ever.

Articles like the original post really get my goat up and i really feel sorry for your friend shorty, that is totally out of order and leaves me speachless.

 

[popuptoaster]

We are already sentanced and convicted on "what ifs" in this country, if you get caught doing 40mph ina 30 limit you get a fine and some points, but if your doing a 100mph you'll get banned because it is more dangerous, the sentance is based on what could happen at the higher speed rather than what did happen.

 

[Chattonmill]

The sentance is based on what did happen if you get caught over 100.......you got caught!

 

[popuptoaster]

The sentance is based on what did happen if you get caught over 100.......you got caught!

you get caught at 40mph too, but the sentance isnt as harsh, your being sentanced for what could have happened not for being caught or they'd be the same.