Hungover driver kills cyclist, walks free.

[glenn forger]

http://www.edp24.co.uk/news/hungove..._prison_court_told_1_3802571#article-comments

Driving while hungover just "careless", legal system decides.

 

[numbnuts]

More than 20 people gave references for the teacher, including the headmaster at his school, and the court heard he was “one of life’s givers”.

and now one of life's takers

 

[Pale Rider]

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".

 

[glenn forger]

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]

This guy veered across the white line - we've all done it.

No, we absolutely have not all done it.

 

[glenn forger]

Maybe he didn't want to play hockey because he was so hungover he was worried he'd get hurt?

 

[blazed]

Maybe he didn't want to play hockey because he was so hungover he was worried he'd get hurt?

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?

 

[glenn forger]

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.

 

[Pale Rider]

And this was no "accident", to describe this man's actions as accidental is insulting.

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.

 

[glenn forger]

So if he didn't do it 'by accident', how did he do it - deliberately?

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]

The victims wife said she thought the sentence was fair, she could have appealed it if she considered it otherwise.

 

[Pale Rider]

He wasn't fit tto drive

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]

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.

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.

 

[ufkacbln]

To the driver's credit he has given up his license and stopped driving

If he stays off the road then this is (in part) something positive

 

[steveindenmark]

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.