Is it time it was written into law that THE LAW IS AN ASS!

miseeire

With deep respect to the unfortunate donkey,I think the time has come for a proper discussion about sentences handed down by judges.I read recently where a man was driving home,a few miles from his local pub,when our vigilant gardai were waiting and they followed him home.The route to his home is almost deserted after dark.Anyway,he got a 4 year ban.Now fast forward to a case in the uk where a mother,driving at twice the speed limit,lost control,mounted a footpath and killed an 11 year old boy.She escaped for 9 days,living rough until finally captured.She is being detained indefinitely in a mental institution.Oh and by the way,she is banned for driving for 5 years.Ok,2 different countries but surely this shows how stupid the law is.I'm sure a similar sentence would be handed down here.I am not blaming the judges,they only follow guidelines,but lets have the punishment fitting the crime.Has anybody ever been banned from driving for life?

seamus

Yes, people have been banned from driving for life.

You can't really compare two cases from two different countries, particularly in relation to sentencing. Someone might receive life for murder here (with release after 10 years or so) and face death for an identical crime in Texas.

There are a lot of things to take into account when considering sentencing, so it's very difficult to compare two very different scenarios. In addition, the law does specify minimum and/or mandatory sentences for certain crimes. So while one person might murder someone in a fit of passion, whereas another is a cold-blooded drug dealing scumbag, both will get life for murder because that's the mandatory sentence.

We traditionally shy away from rigid application of the law in this country because it inherently introduces unfairness in the opposite direction - i.e. those who have only slightly infringed the law and are genuinely remorseful and unlikely to reoffend will suffer from disproportionate punishment.

GerardKeating

miseeire wrote: »

With deep respect to the unfortunate donkey,I think the time has come for a proper discussion about sentences handed down by judges.I read recently where a man was driving home,a few miles from his local pub,when our vigilant gardai were waiting and they followed him home.The route to his home is almost deserted after dark.Anyway,he got a 4 year ban.Now fast forward to a case in the uk where a mother,driving at twice the speed limit,lost control,mounted a footpath and killed an 11 year old boy.She escaped for 9 days,living rough until finally captured.She is being detained indefinitely in a mental institution.Oh and by the way,she is banned for driving for 5 years.Ok,2 different countries but surely this shows how stupid the law is.I'm sure a similar sentence would be handed down here.I am not blaming the judges,they only follow guidelines,but lets have the punishment fitting the crime.Has anybody ever been banned from driving for life?

What's wrong with the Irish case, or are you saying it is alright to Drunk drive on empty roads ?

miseeire

Not saying that but the punishment does not fit the crime

seamus

miseeire wrote: »

Not saying that but the punishment does not fit the crime

That would depend on his level of intoxication, previous history and intent.

shaneybaby

GerardKeating wrote: »

What's wrong with the Irish case, or are you saying it is alright to Drunk drive on empty roads ?

quote "almost deserted", not empty.

miseeire

seamus wrote: »

That would depend on his level of intoxication, previous history and intent.

I do not want to trivialize drink driving.I personally believe you should not be allowed a teaspoonful of alcohol if driving.I wonder how many accidents are caused by middle aged men and women who have drank more alcohol than the law allows,and drove?

carolmon

miseeire wrote: »

I do not want to trivialize drink driving.I personally believe you should not be allowed a teaspoonful of alcohol if driving.I wonder how many accidents are caused by middle aged men and women who have drank more alcohol than the law allows,and drove?

why only middle aged?

cushtac

If he got a four year ban he was either well over the limit or it wasn't his first offence.

nuac

My experience in the courts over many years is that judges consider the evidence and all submissions and facts before imposing penalties. It is misleading to make comparisons based on press or other imcomplete reports of cases.

seamus

miseeire wrote: »

I do not want to trivialize drink driving.I personally believe you should not be allowed a teaspoonful of alcohol if driving.I wonder how many accidents are caused by middle aged men and women who have drank more alcohol than the law allows,and drove?

Bunreacht na hEireann, Article 40 wrote:

1. All citizens shall, as human persons, be held equal before the law.

You cannot ignore the law or impose a different punishment just because of the perpetrator's age.

Afaik also, most people caught for drink-driving are in fact middle-aged men. Most deaths are caused by young people driving dangerously and lacking the experience to deal with emergencies, not by young people drink-driving.

miseeire

So I ask the question "should there be an age where 1 can drink and drive within reason ".For arguments sake,say 3 pints of beer,stout or lager with similar volume?

seamus

miseeire wrote: »

So I ask the question "should there be an age where 1 can drink and drive within reason ".For arguments sake,say 3 pints of beer,stout or lager with similar volume?

The age is 18 - when it's legal to drink. You may then drink and drive until your blood alcohol level is 0.08mg/l.

Nobody should be exempt from this. BAC is uniform, regardless of your age. In fact if there were any sense, the BAC would be *lower* for older people because their reactions are naturally slower when sober.

GerardKeating

shaneybaby wrote: »

quote "almost deserted", not empty.

Shouldn't make a difference if one is caught drunk driving on Empty,Almost deserted or busy roads.

The drunk driver cannot guarantee that they wont meet traffic and one doesn't need other traffic to have an accident, they are a lot of single vehicle accidents at night on our almost deserted roads.