Drunk driver gets community service after killing man and severely injuring two Garda

suicide_circus · 18-01-2018 05:27PM

Kristopherus wrote: »

Was looking at an American docu on tv last night. A cop had pulled in a suspected drunk driver. A big suv-type vehicle flew by and clipped the cop with a wing mirror. Two following drivers saw the incident and chased the flying driver. eventually blocking him in. That driver got 11 yrs in the clink. The cop made a full recovery. Maybe some of that type of punishment may not go astray here.

With an average inmate cost of $32,000 per annum it will set the tax payer back $352,000 to keep that person in the clink for 11 years.

Mossy Monk · 18-01-2018 05:29PM

Surely that sentence will be appealed. I am interested to know what friends he has that managed to get him community service for not only killing someone but also injuring Gardai. You'd nearly get jail for the latter alone.

It's high time the judiciary were taken to task for these mind boggling sentences they hand out.

Danjamin1 · 18-01-2018 05:30PM

seamus wrote: »

As far as I can see the main purpose of jail terms are to protect the rest of us from a dangerous individual, or to create real consequences for crimes that may not otherwise have serious ones (like tax evasion).

He killed one person & severely maimed two others. He took one life and drastically altered another. How does that not categorise him as a dangerous individual, remorseful or not?

BattleCorp · 18-01-2018 05:40PM

seamus wrote: »

Look, it's right there and I see the rationale:

Would there be any purpose served in locking this guy up? Would it discourage someone else from drink-driving? I don't think so. His victim's family even asked for mercy for the sake of his children; so they don't suffer from having their father locked up.

Ultimately what is the purpose of putting someone in prison if society is not improved by doing so?

Your posts are normally very rational and sensible and I'd be in agreement with most of them.

That said, and I'm saying this with respect, I think you are off the wall here. He certainly deserves to go to jail. If you kill someone while you are drunk driving, then you deserve to go to jail.

seamus · 18-01-2018 05:47PM

Danjamin1 wrote: »

He killed one person & severely maimed two others. He took one life and drastically altered another. How does that not categorise him as a dangerous individual, remorseful or not?

Assuming the facts given in the report are accurate, does the man described in report seem to you to now pose a danger to the rest of society?

Take it as fact that he no longer drinks, is remorseful to the point of depression, and is disqualified from driving - does he now pose a danger to the public?

BattleCorp wrote: »

If you kill someone while you are drunk driving, then you deserve to go to jail.

With respect though, that doesn't answer my question about whether jailing him serves any purpose. What good would come of it?

diomed · 18-01-2018 05:49PM

Of course you would be depressed if you killed someone and severely injured another.
What goes on in someone's life after a crime should have no bearing on a case.

BattleCorp · 18-01-2018 05:53PM

seamus wrote: »

Assuming the facts given in the report are accurate, does the man described in report seem to you to now pose a danger to the rest of society?

Take it as fact that he no longer drinks, is remorseful to the point of depression, and is disqualified from driving - does he now pose a danger to the public?

With respect though, that doesn't answer my question about whether jailing him serves any purpose. What good would come of it?

Jailing him shows that the Judiciary take drink driving seriously and that if you kill someone while you are drunk driving, you will do time.

Not jailing him shows that while drink driving is a no-no, don't worry. You might be put off the road but you won't be jailed.

This isn't a case of a guy having one pint and being barely over the limit. He was buckled, got behind the wheel and now three families are having to deal with the fallout of this incident through no fault of their own.

Regarding the mitigating factors such as he doesn't drink any more, would the excuse 'I don't rob banks anymore' be a mitigating factor for someone caught robbing banks - I think not.

Disqualified drivers often get behind the wheel of a car so there is the potential for him to do it again. Jailed drivers tend not to get behind the wheel when they are in jail.

Snickers Man · 18-01-2018 06:01PM

Doctors room ghost wrote: »

healy rae will be along soon saying sure he had only a few pints supped.

Five times over the legal limit? That's more than " a few pints supped".

Give the Healy Raes their due: they're not asking for people to be allowed drive while pissed out of their minds. They just want a more reasonable drink driving limit.

As do I.

The "new" proposed legislation would have had no effect on this guy's behaviour. He was just as illegal under the old laws (even the very old 80mg limit laws which we should bring back IMHO) as he would be under the new.

punisher5112 · 18-01-2018 06:06PM

Shocking really....

If I did that I would be asking to be sent down.

Disgraceful really is.

Sam Quentin · 18-01-2018 06:13PM

I would totally ignore his depression, he said himself he also took to drink after what he did and contemplated taking his own life...
Nobody who drinks should be acknowledged as a depressed person until they are free from Alcohol..
He's just a drunk who killed an innocent man and damn nearly killed 2 Gardaí...
His sentence was way too lenient.

Doctors room ghost · 18-01-2018 06:14PM

Snickers Man wrote: »

Five times over the legal limit? That's more than " a few pints supped".

Give the Healy Raes their due: they're not asking for people to be allowed drive while pissed out of their minds. They just want a more reasonable drink driving limit.

As do I.

Ah will you stop.a can of worms that don’t need opening.how many pints would a 20 stone man be allowed before driving compared to a 12 stone man factoring in metabolism.
Drink driving is wrong full stop. If you want pints leave the car at home and organize a lift or a taxi myself included.
As for Healy rae the country on its knees coming out of a recession and he wants to draft in the army to pull up a few bushes in Kerry and legalize drink driving to suit rural publicans

jimmycrackcorm · 18-01-2018 06:28PM

Cantona's Collars wrote:

Read the report again,they were putting the man into the squad car when hit. The squad car had headlights and blue flashing lights on,they were hardly invisible. The guy that hit them must have been seriously over the limit if he couldn't see that. There are no mitigating circumstances in the case.

I think it's significant though that the Garda car was on the same side of the road facing the driver. Their lights facing him would have been disorienting regardless of alcohol and even more so with it.

On a dark night facing such you could actually wonder if you are driving on the right of what looks like an incoming car.

Deleted User wrote:

Crazy Not so long ago a Dublin man was locked up for 2 years for falling asleep at the wheel and killing a young mother and injuring a child. No alcohol involved

On appeal the judge found the sentence too harsh.

Hector Bellend · 18-01-2018 06:34PM

Is anyone genuinely surprised by this?

To my mind, it's one of either two things that's wrong.

It's either

a) the law is an absolute and utter piece of sh1t. If this is the case we should adapt or completely re-write current legislation to provide serious deterrents for this kind of crime or

b) the judges who apply the law are either mad, stupid or dont know whats going on.

How else do you explain a sentence like this?

18-01-2018 06:39PM

jimmycrackcorm wrote: »

On appeal the judge found the sentence too harsh.

Wasn’t aware of appeal. He served 9 months in prison and they upheld the 10 year driving ban (for falling asleep, no alcohol)

Where is the consistency?

This absolute scourge of society killed an old man, nearly killed two guards, and gets a 4 year ban????? And community service. Wtf

Hector Bellend · 18-01-2018 06:43PM

In this day and age there is no Justification for driving with any amount of alcohol in your system. Simply put there should be a zero limit.

You cannot defend the indefensible.

It's time we start throwing the book at people like this. We need stiffer and more meaningful sentences to reflect the gravity of these offences.

darced · 18-01-2018 06:50PM

This post has been deleted.

longshanks · 18-01-2018 07:08PM

Garlic.

Summer wind · 18-01-2018 07:24PM

Absolutely shocking and disgraceful result.

Akrasia · 18-01-2018 07:35PM

tobdom wrote: »

Yes is actually the answer you're looking for here......

Ok, so someone is thinking of drink driving but remembers the guy who killed someone, ruined his own life, and seriously injured 2 gardai and thinks, feck it, the guy didn't even go to jail. Another one for the road!

18-01-2018 07:38PM

Adrian Nestor told the court he had contemplated taking his own life after that night.

He became anxious and depressed and turned to alcohol.

Caused the fcuking problem in the first place.

seamus wrote: »

Assuming the facts given in the report are accurate, does the man described in report seem to you to now pose a danger to the rest of society?

Take it as fact that he no longer drinks, is remorseful to the point of depression, and is disqualified from driving - does he now pose a danger to the public?

With respect though, that doesn't answer my question about whether jailing him serves any purpose. What good would come of it?

He shouldn't have done it in the first place. I don't think it's ok to say sure you're grand so, as long as you're REALLY SORRY SWEARZ.
A lifetime ban from driving with some kind of checks should be the very minimum, not 4 years

Rubberchikken · 18-01-2018 07:43PM

Whatever about the community service but a lifetime driving ban should have been given. He choose to drink and drive ok he was filled with remorse blah blah but ge should never be allowed behind the wheel of a vehicle again.

Nermal · 18-01-2018 07:50PM

seamus wrote: »

Ultimately what is the purpose of putting someone in prison if society is not improved by doing so?

Punishment.

Cee-Jay-Cee · 18-01-2018 08:03PM

Ah the poor fücking lowlife scumbag bastard probably had a hard upbringing. Show some compassion for the vile horrible excuse for a human being.

punisher5112 · 18-01-2018 08:33PM

If lights dazzle slow down, if car was on wrong side with dipped beams on which in this case it was slow down, if their blue lights were illuminated then slow down....

None of this could be used as an excuse.

Drive at an appropriate speed for the conditions which include weather or many other factors such as poor surface to lights blinding or dazzling or just plain poor visibility.

People really need to calm down and become a bit more patient and that goes for those sober also.

JMNolan · 18-01-2018 08:55PM

Hard to square this sentence with the 6 year jail sentence garlic man got

bear1 · 18-01-2018 09:19PM

Surely to god the dpp will appeal the leniency?
3 lives destroyed, his own family also affected tremendously, a fortune in damage and cost to the taxpayer to bring the ****er to court and all he gets is a 2 month work order and no driving till 2021?
Go away and **** you disgrace of a judge.
He says he considered killing himself and his depression from the event turned him to alcohol? ****ing twat

the_syco · 18-01-2018 09:34PM

Taking Nestor’s previous good record, his genuine remorse, his mental state and the very positive probation report into account, Judge McCabe said the interests of justice would not be served by imposing an immediate custodial sentence.

WTF?

seamus wrote: »

Take it as fact that he no longer drinks, is remorseful to the point of depression, and is disqualified from driving - does he now pose a danger to the public?

He tried to kill himself once, he may try to do it again.

You don't need a license if you don't intend to live.

Gatling · 18-01-2018 09:34PM

240 hours community service and a 3 year driving ban ,
****ing pathetic sentence handed down by a stupid judge

Icemancometh · 18-01-2018 09:36PM

JMNolan wrote: »

Hard to square this sentence with the 6 year jail sentence garlic man got

Garlic man is the Godwin's law of boards.

JMNolan · 18-01-2018 09:39PM

Icemancometh wrote: »

Garlic man is the Godwin's law of boards.

Ice man is the Godwin's law of irrelevant comments.

Drunk driver gets community service after killing man and severely injuring two Garda

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