40 replies to this topic

[fast_babe]

Call to jail drink-drivers

Laurel-Lee Roderick

14Aug07

ONLY one in 50 drink-drivers in Cairns was sent to jail last year, prompting calls for mandatory jail sentences for high-range readings.

Figures obtained in an investigation by The Cairns Post indicate that more than 1600 drink-drivers appeared in Cairns Magistrates’ Court in 2006. Just 37 of those went to jail.

Last week, a motorist in Atherton was stopped with a reading more than seven times the legal alcohol limit.

Police were "appalled" with the 0.359 reading and the fact nearly half of Mareeba’s drink-drivers last week were more than 0.15.

To the south, a 43-year-old Tully woman blew 0.23 after allegedly driving the wrong way down the main street, while a 47-year-old Mourilyan man blew 0.234 in Innisfail.

A 19-year-old Innisfail woman returned a reading of 0.196 and a Tully man tested positive twice in three hours.

Defensive driving instructor and motor racing identity Peter Roggenkamp said the Far North’s drink driving record
was unacceptable.

"It is just shocking and it is a blight on the community," he said.

"We are the worst in the state, if not the country. It is very clear that the penalties are not tough enough.

The Weekend Post revealed on Saturday that drink-driving has risen by 5.5 per cent in two years, lagging slight behind population growth, but the Far North still has the worst drink-driving record in the state.

Mr Roggenkamp said mandatory jail was the only answer.

"In some countries, the first offence gets automatic jail," he said.

"Certainly for a high-reading first offence, and second or third offences, there should be jail time."

The Department of Justice figures showed that only 6 per cent of 312 Cairns motorists caught over 0.15, or three times the limit, were jailed.

More than 80 per cent received only fines and were disqualified.

When all drink-drivers were included, 90 per cent escaped with fines and just 2 per cent received actual jail time.

In April, the sons of Kuranda man Ken Webber – who died in a collision at Redlynch with drink-driver Andrew Raymond Cook – accused Queensland judges of being "soft" on sentencing.

The outrage came after the Attorney-General lost an appeal to increase Cook’s five-year jail sentence.

Mr Roggenkamp suggested spending time behind bars with other criminals was the only option.

"It is obvious that the current initiatives are not working and we are going backwards because in fact, it is
getting worse."

[WYT_GTR]

WHO CARES ABOUT HIGH READINGS!!!!

SEND EVERY DRINK DRIVER TO JAIL!!!!!

[skyrine]

WHO CARES ABOUT HIGH READINGS!!!!

SEND EVERY DRINK DRIVER TO JAIL!!!!!

But using that example, is the bloke who gets pulled over the morning after, blows say, 0.051 going to get the same sentence as the person who is 7 times over the limit? Yes, both drink drivers, but at varying scales of extremes.

Repeat offenders definitley should be recieving jail, no doubt about it, but at the same time, i personally believe that everyone is entitiled to a mistake, no body's perfect, therefore a first offence shouldnt be an automatic jail term.

Just my 2 cents.

[JDR33]

WHO CARES ABOUT HIGH READINGS!!!!

SEND EVERY DRINK DRIVER TO JAIL!!!!!

But using that example, is the bloke who gets pulled over the morning after, blows say, 0.051 going to get the same sentence as the person who is 7 times over the limit? Yes, both drink drivers, but at varying scales of extremes.

Repeat offenders definitley should be recieving jail, no doubt about it, but at the same time, i personally believe that everyone is entitiled to a mistake, no body's perfect, therefore a first offence shouldnt be an automatic jail term.

Just my 2 cents.

well said mate

couldn't agree more

[WYT_GTR]

But say if someone blows. 0.28 or something and its their first offence, should they be let off coz they wrote themselves off and didn't "know" what they were doing, or how drunk they were, of course not. Just like double standards yeah, .05 is the maximum legal alcohol limit that drivers can have in their blood system, but coz they have done it the first time they get let off, hell no. What would apply if a person murdered someone and its their first offence should they be let off coz its fair, f**k no. They broke the LAW so they should have to deal with the appropriate punishment, be it harsh or whatever.....

Thats why people get away with so much, coz people are too worried about covering their own arses coz it doesn't seem fair to them. Thats why the law is a joke and people who think double standards should apply to them just help make the world an even more pathetic place to be a part of.

What if this first timer drink driver hit and killed your kid and they had a BAC of .051, would you let them off coz its their first time...?????

[lxtorrie]

I think too many people drink and then drive thinking that they will be under the .05 limit.
The .05 limit should be allowed so that people can drive the next day without having to worry about loosing their liscence.
Whats the point anyways of having only 1-2 beers when you go out? You either got out and have a few and find another way home, or you go out and not have any.
Even beer over dinner and what not, its simple. If your going to have "that one" go for a light beer, as i dont see the point in smashing 1 full strenght beer anyways, as its still only 1.
That my 2cents
When I was 15 or so, my nextdoor neighbours son was hit by someone commin home from the pub. His excuse was that he only lived around the corner and didnt think it was a big deal....wanker

[SYKO]

I agree that it shouldn't just be an automatic jail term for all drink drivers - but instead to allow the Judge/Magistrate's discretion on the matter. Taking into account the severity of the offence and BAC and the person's history etc they would decide whether or not they deserved to spend time in jail.

But I am totally for harsher punishment for drink drivers - they are allowed to apply for a work licence, and those who lose their licence from accumulation of demerit points don't have that same luxury. Granted the reason is that someone who has lost all their points shouldn't get another chance because they had enough warnings, but in my opinion, someone who loses their licence from drink driving should not even have the opportunity to drive to work. A licence is a privilege not a right, and some people need to understand that.

Edited by SYKO, 15 August 2007 - 10:36 AM.

[2JZZZZ]

yeah i dont think mandatory jail time is the way to go. 1 chance at low range drink driving, then after that depending on BAC, teh judge decides how much jail they get. Or they could just build a 'jail' for each and every drink driver where depending on the amount over and history of offender, they longer the time spent there doing education programs and mayb even treating it like a bit of a rehab

[WYT_GTR]

somehow i don't think anyone would miss 2 or 3 days jail for drink driving as a first offence.... its still jail though and gives them an insight into where they could go if they keep doing it.

[jlord16]

Good point wyt_gtr

I think most people that commit serious road offences like drtink driving should be sent to jail and not let off

[SYKO]

Good point wyt_gtr

I think most people that commit serious road offences like drtink driving should be sent to jail and not let off

You've just got to know where to draw the line - because obviously not everyone deserves to go to jail straight up. Some people make the honest mistake of driving after one drink and not even realising that they are just over .05%. Or if someone is pulled up the next day and still has a reading but feels totally fine. Have to treat each case on its facts to determine whether or not they actually deserve to spend time in jail.

[WYT_GTR]

Good point wyt_gtr

I think most people that commit serious road offences like drtink driving should be sent to jail and not let off

You've just got to know where to draw the line - because obviously not everyone deserves to go to jail straight up. Some people make the honest mistake of driving after one drink and not even realising that they are just over .05%. Or if someone is pulled up the next day and still has a reading but feels totally fine. Have to treat each case on its facts to determine whether or not they actually deserve to spend time in jail.

but thats why they set these laws. so if you have had 1 drink then you should be fine and within the legal limit. if you have two then chances are you will probably be over. If ever in doubt about whether you would be over then simply don't drink. Plus it isn't that hard to decide if you touch any alcohol then don't drive at all..... its common sense, but sadly not many people demonstrate it when it comes to consumption of alcohol and cars.

[lxtorrie]

Like I said...If your going to drink, then dont drive.
Its simple, and surely ppl can stay away from the grog if they plan to drive.
Its not the "be all and end all".
Its pretty sad if you cant go out and have a blast without having a drink or two, or three, or four....

Edited by lxtorrie, 15 August 2007 - 11:25 AM.

[jlord16]

Good point wyt_gtr

I think most people that commit serious road offences like drtink driving should be sent to jail and not let off

You've just got to know where to draw the line - because obviously not everyone deserves to go to jail straight up. Some people make the honest mistake of driving after one drink and not even realising that they are just over .05%. Or if someone is pulled up the next day and still has a reading but feels totally fine. Have to treat each case on its facts to determine whether or not they actually deserve to spend time in jail.

Its simple. If you have been drinking or even think you might be over the limit. You dont drive. Dosnt get anymore simple then that. One drink would not put you over 0.05% unless you had never drunk alcohol before.

Its the judges decision to decide how much time a person gets. But you are still beaking the law and endangering lives wether its your first offfence ot not, and wether your 0.051 or 0.12

[SYKO]

I reckon 1 drink would put me over, but wouldn't make me drunk or even tipsy?

Not everyone is the same.

[lxtorrie]

Thats why you shouldnt run the risk

[jlord16]

If some1 thought that was then case, dont drink and drive then. Simple. There shoudnt be any excuses

Edited by jlord16, 15 August 2007 - 11:31 AM.

[SYKO]

I just don't agree that jail is the answer for cases like that. Sure take their licence away but don't put them in jail.

Edited by SYKO, 15 August 2007 - 11:33 AM.

[jlord16]

What take there licence away is the answer?

Most of them will just drive with no licence. I think it warrents more then a slap on the wrist that they currently get

[SYKO]

What take there licence away is the answer?

Most of them will just drive with no licence. I think it warrents more then a slap on the wrist that they currently get

Are you serious? Shit you have no grip on reality. I have worked in law firms and seen first hand everday mums and dad's that have been caught drink driving, made one mistake and are ready to pay for it, they arent about to go out and run the risk of getting caught by driving unlicenced. Sure SOME drivers might, but don't you dare say most unless you can back that up. And you reckon they deserve to go to jail with paedophiles and rapists and murders because they made ONE little mistake? Who is going to pay for the jail overcrowding etc? That will just raise all of our tax rates.

Yeah sure ok.

Edited by SYKO, 15 August 2007 - 11:42 AM.