Drunk Driver Murders 4 year old child - Sentence- 2 1/2 Years Jail

shadowshiv

Dark Overlord
May 29, 2007
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Okay....let's get sensible here.

The woman was NOT drunk. She had three glasses of wine, and blew .04 and .06......both under the legal limit of .08.

She is guily of dangerous driving, driving 91 KPH in a 50 zone..........she lost control as she hit speed bumps.....

Perhaps we could charge the traffic engineer that ordered the bumps put in?????

I think the sentence was quite fair, all things considered.

Stuff happens. Tragic, terrible, unspeakable stuff. There may be someone to blame, but one should not get carried away.....unless you have never broken the speed limit. Or had two beer and driven home.

"Let he who has not sinned cast the first stone."

In Ontario, I believe it is now 0.5 which would garner a license suspension(I cannot recall the exact amount). The amount that one can drink to become legally intoxicated has changed, but sadly the sentences have not.
 

petros

The Central Scrutinizer
Nov 21, 2008
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Yes. That is the purpose of the roadside sobriety test not just for booze or dope. ANYONE can get a 24hr suspension for any reason that impairs judgement or reaction times.
 

JLM

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Nov 27, 2008
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There are problems much more complex than just the crime and sentence. There has to be facility space to put this person for X amount of years, staffing, funding, and prisoner safety etc etc etc.

If it were as easy as giving the max sentence of 10 years but unfortunetly a criminal sentence is monetary based and not tragedy based.

Using part of this H.S.T. money for it would be a good start & if that's not enough maybe cut those $25 breakfasts M.P.s are entitled to back to $20.
 

petros

The Central Scrutinizer
Nov 21, 2008
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Maybe we need to empty the prisons of useless infractions first then fill with real criminals. Example: People taking the 2 week default on a traffic ticket is a HUGE waste of resources.
 

JLM

Hall of Fame Member
Nov 27, 2008
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Okay....let's get sensible here.

The woman was NOT drunk. She had three glasses of wine, and blew .04 and .06......both under the legal limit of .08.

She is guily of dangerous driving, driving 91 KPH in a 50 zone..........she lost control as she hit speed bumps.....

Perhaps we could charge the traffic engineer that ordered the bumps put in?????

I think the sentence was quite fair, all things considered.

Stuff happens. Tragic, terrible, unspeakable stuff. There may be someone to blame, but one should not get carried away.....unless you have never broken the speed limit. Or had two beer and driven home.

"Let he who has not sinned cast the first stone."

Oh, so she never even had the excuse of being drunk? Double the sentence. Actually in B.C. you don't have to blow 0.08 to be impaired, at the discretion of the investigating officer you can be judged impaired if you've had anything to drink. There are two separate offenses here, driving while impaired and driving with a B.A.C. of over 0.08 parts per million.
 

petros

The Central Scrutinizer
Nov 21, 2008
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Government of Canada Introduces Measures to Strengthen Investigations of Drug-Impaired Driving


The new legislation would amend the Criminal Code and give police the authority to demand:
  1. Standardized Field Sobriety Tests (SFST), where there is reasonable suspicion that a driver has a drug in the body. SFSTs are divided-attention tests that evaluate a subject's ability to multitask. They are administered at the roadside.
  2. Drug Recognition Expert (DRE) evaluations where the officer reasonably believes a drug-impaired driving offence was committed. This includes a situation where the driver fails the SFST. These are administered at the police station.
  3. A saliva, urine or blood sample, should the DRE officer identify that impairment is caused by a specific family of drugs.
Refusal by a driver to comply with a demand would be a criminal offence.
Drug users are disproportionately involved in fatal accidents. DRE evaluations are an existing method of assisting police in investigating driving while impaired by any drug (over-the-counter, prescription or illegal). They are currently in use in most U.S. states, Australia, New Zealand and some European countries. Police in Quebec, B.C. and Manitoba already use DRE evaluations, but they may only do so when the suspect voluntarily participates. DRE evaluations have been recognized by Canadian courts and tested in U.S. courts up to the Supreme Court level.
 

shadowshiv

Dark Overlord
May 29, 2007
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Government of Canada Introduces Measures to Strengthen Investigations of Drug-Impaired Driving


The new legislation would amend the Criminal Code and give police the authority to demand:
  1. Standardized Field Sobriety Tests (SFST), where there is reasonable suspicion that a driver has a drug in the body. SFSTs are divided-attention tests that evaluate a subject's ability to multitask. They are administered at the roadside.
  2. Drug Recognition Expert (DRE) evaluations where the officer reasonably believes a drug-impaired driving offence was committed. This includes a situation where the driver fails the SFST. These are administered at the police station.
  3. A saliva, urine or blood sample, should the DRE officer identify that impairment is caused by a specific family of drugs.
Refusal by a driver to comply with a demand would be a criminal offence.

Good. Better late than never.
 

Colpy

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Nov 5, 2005
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Oh, so she never even had the excuse of being drunk? Double the sentence. Actually in B.C. you don't have to blow 0.08 to be impaired, at the discretion of the investigating officer you can be judged impaired if you've had anything to drink. There are two separate offenses here, driving while impaired and driving with a B.A.C. of over 0.08 parts per million.

So, I take it you have never exceeded the posted speed limit.

Although you do have a point on the different types of offense, I do think the people here are about on parr with the guillotine crowds of the French Revolution.......or the Alice's Queen..... Off with her head!

This is not a vicious habitual criminal. (as I would classify someone with numerous impaired driving convictions)

There was no intent to do harm.

There is such a thing as tragic misadventure.

I think the sentence was fair.
 

Goober

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Jan 23, 2009
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Many truckers carry a big flap of coke too and that scares the **** out of me.
Then you really and I mean really and I mean REALLY do not want to know how many Tractors and Trailers are on the road that are unsafe.
 

Colpy

Hall of Fame Member
Nov 5, 2005
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Then you really and I mean really and I mean REALLY do not want to know how many Tractors and Trailers are on the road that are unsafe.

Or how many long-hour drivers are living on beans. And I don't mean lima beans.

Or how often the log books are cooked.
 

petros

The Central Scrutinizer
Nov 21, 2008
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Then you really and I mean really and I mean REALLY do not want to know how many Tractors and Trailers are on the road that are unsafe.
I do know. Some of the units on the road aren't fit for off road use. Deregulation and the perpetual trimming of highway safety officers was/is major mistake.

Colpy I wish they were only doing "beans" as you put it but it's more like coke, meth and cheezie hookers.
 

JLM

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Nov 27, 2008
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So, I take it you have never exceeded the posted speed limit.

Although you do have a point on the different types of offense, I do think the people here are about on parr with the guillotine crowds of the French Revolution.......or the Alice's Queen..... Off with her head!

This is not a vicious habitual criminal. (as I would classify someone with numerous impaired driving convictions)

There was no intent to do harm.

There is such a thing as tragic misadventure.

I think the sentence was fair.

Come off it Colpy- what I have or have not have done has absolutely nothing to do with this case. If it was me who had been drinking, speeding, and denying responsibility do you think for a moment I wouldn't be in the "same boat"? Speeding, sure I've sped- 90 k in a 50 k zone- not in recent memory or even close.
 

shadowshiv

Dark Overlord
May 29, 2007
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Intent is what separates murder from manslaughter.

I realize that. My post was in response to Colpy saying that it wasn't like she intended to kill the child.

That being said, it shouldn't matter if there is intent when in comes to impaired driving. People should know that it is a dangerous(and potentially deadly) thing to do, and maybe it needs to be upgraded before some of these clueless people get the idea.