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

JLM

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Nov 27, 2008
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Frankly 2 1/2 years is too light. Precincts in the U.S. now equate vehicular manslaughter with voluntary manslaughter, and impose 6 year sentencing guidelines.. and more. And there you serve fully 2/3 of the sentence before being considered for parole.. who knows what it is up here.. a third of the sentence.. out in a few months with mandatory parole ?

Yeah, it's a joke - I'm not sure of the exact details but I know some prisoners are eligble for some sort of parole after serving 1/6 of their sentence- which equates to a 5 month holiday for Mrs. Berner.
P.S. Perhaps someone who knows the exact details can fill me in.
 

JLM

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Nov 27, 2008
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I'm pretty similar to Dexter Sinister on this.

I know BC and Ontario (as well as possibly other jurisdictions) are attempting to redefine impaired driving, but by the Criminal Code of Canada's definition, her readings weren't high enough to consider her impaired. Her lawyer may have grounds for fighting some of the charges on an appeal. However, traveling at her speed, over 40 kmph over the limit, says that she is guilty of other charges such as criminal negligence, driving with undue care and attention, dangerous driving causing death and others.

2 and half years is about right for a first time offender, unless perhaps she had a history of traffic offenses to state she was a more reckless driver and should be treated as such. As the parent of a little one, my heart bleeds for the parents of the little girl. I don't know how else to say it, but flogging this woman won't bring her back.

I think even more than the crime itself, what has people here (myself for sure) so outraged is the attitude, total lack of empathy and remorse and the fact she is more concerned about "her own skin" than the trauma brought upon the family of the victim.
 

Goober

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Jan 23, 2009
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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.

Any one with a tad of sense is well aware of how impaired driving causes a vast majority of accidents in canada. How their skills to react are degraded.

How you come to No Intent is no one really means to kill someone - Yet she did, knowing full well the dangers.
Convicted for Impaired Driving along with Dangerous driving. Do you realize how difficult it is to get a conviction for dangerous Driving in the country. Quite difficult.


Education For The Driving Masses: Deadly drunk driver Carol Berner has panic attack in court
"Evidence presented at trial showed that Berner was travelling 91 km/h five seconds before the crash. Berner also admitted to undercover police officers that she’d had at least three glasses of wine before leaving her house".

Carol Berner sentenced to 30 months in jail for drunk-driving death

They had been feeding a horse in the 4300-block of 64th Street in east Ladner when a speeding car driven by Berner plowed into them. The little girl was fatally wounded and died at B.C. Children’s Hospital. Johanson was seriously injured, had extensive surgery, spent four weeks in hospital and several months in a wheelchair.

You quite obviously don't have a clue. It is not that many really. How many tractor trailers do you own and operate?

I thought so. I'll disregard your baseless conjecture.




How about I don't tell you all about guns either. how many miles have you driven a tractor trailer and how many beans did you take.

Conjecture of the baseless variety.

I meet tens of thousand of truckers every year. So i have more than a clue.

You quite obviously don't have a clue. It is not that many really. How many tractor trailers do you own and operate?

I thought so. I'll disregard your baseless conjecture.




How about I don't tell you all about guns either. how many miles have you driven a tractor trailer and how many beans did you take.

Conjecture of the baseless variety.

One last point - When and I mean the Rae ocassions that they stop Tractors and trailers on a random basis aprrox 30 to 40 fail. Noww some would be minor and some woud not.

Now you can kiss my butt.
 

Trotz

Electoral Member
May 20, 2010
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The irony is that NOT being impaired should probably increase your sentence, as that is not negilence under influence but plain negilence.

It's like the difference between ignoring a baby, while your drunk, and ignoring a baby just because you can.
 

Goober

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Jan 23, 2009
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You're joking right?

Re[hrase - a substantial number - that is more accurate. Thank you for bringing that to my attention.

Death Rates - I could not find the cost of medical care and other injuries caused by these idiots - But I am sure it runs into the Billions.

MADD Canada | Research Library

As well, the 1,239 fatalities do not include individuals killed in impaired crashes on the waterways. In 2005, it was reported that there were 126 boating fatalities, 47 of which involved known or suspected alcohol use. Nor do the 1,239 fatalities include fatalities arising from aircraft, trains and industrial vehicles such as forklifts.

Given the limits on the 1,239 fatalities figure, MADD Canada estimates there are somewhere between 1,350 and 1,600 impaired crash fatalities in Canada each year (3.7-4.4 deaths per day).

As well, the 1,239 fatalities do not include individuals killed in impaired crashes on the waterways. In 2005, it was reported that there were 126 boating fatalities, 47 of which involved known or suspected alcohol use. Nor do the 1,239 fatalities include fatalities arising from aircraft, trains and industrial vehicles such as forklifts.

Given the limits on the 1,239 fatalities figure, MADD Canada estimates there are somewhere between 1,350 and 1,600 impaired crash fatalities in Canada each year (3.7-4.4 deaths per day).

Health Reports: Motor vehicle accident deaths, 1979 to 2004
 

Cannuck

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Feb 2, 2006
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Re[hrase - a substantial number - that is more accurate.

Not really. The overwhelming majority (90+%) of accidents are caused by inattentiveness. Be careful not to confuse alcohol being a factor and alcohol being a cause. MADD loves to blur those lines. It helps on the donations front.
 

Goober

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Jan 23, 2009
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Not really. The overwhelming majority (90+%) of accidents are caused by inattentiveness. Be careful not to confuse alcohol being a factor and alcohol being a cause. MADD loves to blur those lines. It helps on the donations front.

I was hit a couple of times - Over 30 k in Physio bills.
 

Goober

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Jan 23, 2009
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I'm a firefighter...been to more wrecks than I can count.

What is the average that are caught by Police, what are the numbers of times they drove while impaired before being apprehended. It is a serious problem in this country.


Sobering thoughts on DUIs - The Globe and Mail
But the 3-per-cent uptick still represents 88,630 impaired-driving offences in 2009, the highest level in more than a decade. “I thought it was an issue in retreat,” Michael Middelaer says.
Mr. Middelaer and his wife, Laurel, lost their four-year-old daughter, Alexa, in May, 2008, to an allegedly impaired driver in Delta, B.C. They have been warriors for the cause, standing next to B.C. Solicitor-General Mike de Jong this year as he announced measures to reduce drunk-driving fatalities in B.C. by a third in three years.
 

Cannuck

Time Out
Feb 2, 2006
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What is the average that are caught by Police, what are the numbers of times they drove while impaired before being apprehended. It is a serious problem in this country.

I'm not denying it is a problem. I just don't believe it is as big a problem as it is made out to be. Like speeding, it's an easy sell to get the police to chase down culprits.... but while cops man check stops and radar traps, there are other costly criminal activity (not to mention nuisance activity) that the cops could be dealing with.

Here's an idea. Why don't we make it legal to drive with a B.A.C. of <0.2 as long as the driver stays off of main thoroughfares and highways and has a flashing green strobe light on the top of his car. That would reduce alcohol related deaths and accidents a hell of a lot more than the tactics used now. I doubt it would ever fly though as I don't believe crime reduction is the goal.
 

JLM

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You got it right Goober, too bad others can't. (I'm speaking as a guy who was the worst ex offender but luckily saw the light before I got into any trouble or anyone was hurt) How many times a week do we hear "don't drink and drive" over the various media? People who don't "get it" are either brain dead or don't want to "get it". There is just no excuse for it, if you can't get a safe ride do your drinking at home or drink coffee or pop. I was sorry to learn we have a Solicitor General who thinks drinking and driving is alright.
 

Ariadne

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Aug 7, 2006
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I met a 17 year old boy, a skater who questioned religion, and excelled in 3D software. His eyes sparkled more than most, and you knew he would do something with his life. Four days before his 18th birthday, he went to the movies with his two best friends. In the intersection, on their green light, a drunk driver hit his car. One friend was killed and he was severely injured, left in a wheelchair with slurred speach.

The drunk driver, 27, a university student in his fourth year business, was sentenced to 2 years in prison.
 

shadowshiv

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May 29, 2007
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VanIsle

Always thinking
Nov 12, 2008
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Wouldn't it be wonderful if she ended up getting a stiffer prison sentence after the appeal? One can only hope for justice to finally prevail, but I won't be holding my breath.
Because of her age the scrag will probably be let off. She is complaining (her lawyer) about the brief time she was held in the back of the police car? Has it even once occurred to her that maybe people were just too busy seeing to the dead and injured? She ended a child's life. Ending anyone's life is so wrong, but a child? I really hope she loses big time but - don't count on it. She has probably ensured she's been a model citizen ever since in her plan to be released.
 

Omicron

Privy Council
Jul 28, 2010
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Boring sentence, and does not correct.

If I was Judge, I'd order him to be drugged with some of those more interesting things discovered at the Montreal Neurological institute, for him to wake up just before a car is screeching towards him.

He'd be encapsulated in ensolite underwear, which he wouldn't know he's wearing, and be slammed.

If he still doesn't get it, I'd para-drop him into Kuwaitan, and tell the Inuit he's fair game, for he hurt a child. They'll do what all sane humans do at hear of hurt of a child, at which point there will be the administrative cost of notification of next of kin.
 

shadowshiv

Dark Overlord
May 29, 2007
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Boring sentence, and does not correct.

If I was Judge, I'd order him to be drugged with some of those more interesting things discovered at the Montreal Neurological institute, for him to wake up just before a car is screeching towards him.

He'd be encapsulated in ensolite underwear, which he wouldn't know he's wearing, and be slammed.

If he still doesn't get it after that, I'd para-drop him into Kuwaitan, and tell the Inuit around that he's fair game. If they hear he hurt a child, they'll do what all humans do at hear of hurt of a child, at which point there will be the administrative cost of notification of next of kin.

I honestly have no idea what you are trying to say here, Omicron.