How To Avoid Jail For A Motoring Offences.

[Canary42]

"Sorry Your Honour, but I was asleep all the time"

http://uk.news.yahoo.com/drink-driver-who-crashed-at-100mph-avoids-jail-after-claiming-he-was--sleep-driving--before-accident-125250767.html

Speeding (100mph) and Drunk.

Is this fair justice ?

[DTCwordfan]

Simply no.

[tonyav]

No it isn't fair justice, he got of really light imo.

[woofgang]

There must have been some other convincing evidence that he does have a sleep disorder and it sounds as though he might have been drinking in his sleep as well. Once again we don't have the whole story here.

[FredPuli43]

It's one step away from jail; he got a community service order.He was fortunate but probably saved because he didn't have an accident which hurt anyone, dangerous though the driving was.

The remedy lies with the DVLA. If he has a sleep disorder, apnoea, he has come to notice for that, which may mean denial of licence, but his main problem that he was over twice the limit. He will have to prove sobriety before he gets his licence back; I'm pretty sure that the rules have been tightened from the former rule of two convictions for the offence to one offence with a high reading. He sounds like an alcoholic, just from the fact that he was able to drive at all when twice the limit; normal people are sick or pass out with that level of alcohol. An alcoholic can still function. So he may be off the road for a long time.

[lcg]

no.

[FredPuli43]

Correction.He did cause injury. Missed that. Then he's very lucky

[ladybirder]

Can you have unfair justice?

[FredPuli43]

Yes, ladybirder, you can have unfair justice. I was convicted of careless driving at 17. I was stitched up, guv. I certainly would not have been convicted on the same evidence now, or at 30. So there!

More seriously, there are many 'strict liability' offences, ones where the act or omission makes the offence regardless of the intent or reason for it. These sometimes produce unfair 'justice'.

[Canary42]

Thank you all for your replies.