Impaired Driving Penalty Changes

No the drunk should not be on the road. I'm interesting in who is at fault for the accident.
What if son or daughter without a driver license goes for a joy ride in mom's car. While at waiting at the lights. a sober, licensed driver approaching from behind hits the gas instead of the brake and smashing into mom's car. Would it still be the teenagers fault for the accident?
If they stole the car and have no licence, yup the teenagers would be at fault. would the cops also charge the driver of the car that hit them from behind? probably
 
There got to be some court cases around what we been chatting about. Very courious about how would denfence lawyer defend such a case!
 
If they stole the car and have no licence, yup the teenagers would be at fault. would the cops also charge the driver of the car that hit them from behind? probably
Walk me through how they are at fault for the accident, for being hit from behind.

And what would the driver of the car (behind) be charged with?
 
Walk me through how they are at fault for the accident, for being hit from behind.

And what would the driver of the car (behind) be charged with?
1 - If they stole the car and have no licence, means not legal for the road
2 - rear hit probably automatic charge, but that one would be debatable
 
1 - If they stole the car and have no licence, means not legal for the road
2 - rear hit probably automatic charge, but that one would be debatable
Not legal for the road doesn't mean they are at fault of the accident in this situation.

Cop could charge careless, but unlikely. Im sure this situation happens every hour in this city. Doesnt seem serious enough to warrant one.
 
Would probably make a good day in court.
I don't think so at all.

They would certainly be guilty of grand theft auto and a slew of driving infractions but not being able to legally drive a vehicle does not make you guilty of the above situation. The driver in the rear has 100% responsibility to not hit other vehicles ahead of them, especially when those vehicles are stationary. It's akin to running into parked cars, no bueno.

What makes you think otherwise?
 
I don't think so at all.

They would certainly be guilty of grand theft auto and a slew of driving infractions but not being able to legally drive a vehicle does not make you guilty of the above situation. The driver in the rear has 100% responsibility to not hit other vehicles ahead of them, especially when those vehicles are stationary. It's akin to running into parked cars, no bueno.

What makes you think otherwise?
What i think and what’s the law is two different things,

There can be two rights at the same time 😂
 
Finally something from Douggie that makes sense. Permanently affecting someone else's life because you committed a crime should result in permanent consequences for your life. I'd even be happy if they went further. Make the driver pay until they die and then take a portion of their estate. A permanent and lasting reminder of their bad choices in life.

Until we stop all the bleeding heart BS like saying a killer is not criminally responsible for a crime they committed, laws like this will never stick.
 
While I agree in principle of the changes and support them, one of the unintended consequences will be that now (even more so) there is a higher risk v reward of running after an accident.

Not only should there be an increased fine/penalty for the drinking and driving (accident or not) but the penalty for running should 2x or 3x the charge and penalty / jail time.

Currently if you have an accident (sober or drunk) and then run, by the time the cops find the guilty party they are most likely sober and can't be proven to be drunk without a shadow of a doubt.

Running should carry the higher penalty than the drunk driving. Together they should be MANDATORY jail time, and especially so for repeat offenders.

How many times do we read about drunk driving with X previous offences and taken away license in the news?

It's a revolving door.
 
While I agree in principle of the changes and support them, one of the unintended consequences will be that now (even more so) there is a higher risk v reward of running after an accident.

Not only should there be an increased fine/penalty for the drinking and driving (accident or not) but the penalty for running should 2x or 3x the charge and penalty / jail time.

Currently if you have an accident (sober or drunk) and then run, by the time the cops find the guilty party they are most likely sober and can't be proven to be drunk without a shadow of a doubt.

Running should carry the higher penalty than the drunk driving. Together they should be MANDATORY jail time, and especially so for repeat offenders.

How many times do we read about drunk driving with X previous offences and taken away license in the news?

It's a revolving door.
I agree but our entire criminal management system (ex) judicial system is a revolving door
 
In the case of the teenager, I heard of a similar incident in the States where the lawyer argued that the, "teenager," shouldn't have been on the road at all and therefore the accident wouldn't have happened if not for them.

I guess the principal is that if you're doing a crime and something wrong happens to you then the law only protects the lawful, not the lawless. It's not there to defend criminals in the act.
 
In the case of the teenager, I heard of a similar incident in the States where the lawyer argued that the, "teenager," shouldn't have been on the road at all and therefore the accident wouldn't have happened if not for them.

I guess the principal is that if you're doing a crime and something wrong happens to you then the law only protects the lawful, not the lawless. It's not there to defend criminals in the act.
LOL.

Maybe I could see the shred of logic if the teenager was at fault. But the teenager got rear ended, in every version of our reality in this situation the person behind is at fault.
 
DUI is more of a choice. It is easily avoided. It's a much longer duration of risk for the public. There is exceedingly high risk to reoffend. It has been proven to be statistically very dangerous. It often has horrendous outcomes. etc etc.
Eating a bunch of tasty shrimp can be fatal as well if the eater was critically allergic. If they can not indulge for themselves why would it be different for someone else? Maybe they don't care about the others as much as they care about their own pleasure. Is ego an issue?
Minor speeding normally has a minor increase in crash severity.

Driving the wrong way on city streets is normally an annoyance/minor crash. Driving the wrong way on the highway is almost always a DUI or severe mental impairment that should result in never driving again (eg dementia).

Stopping in a live lane is normally a momentary brain fart. I don't know of anyone that does that often. Normally it is a moment of panic and the driver is the most stressed in the situation.
At what point does Dementia require pulling a licence?

Panic and stress management can be taught in driving courses. Panic and no license for you. Simulators and ad lib testing should thin the herd.
Phone use may be reasonable to lump in with DUI as it has proven to be similar impairment level, choice to avoid, duration of risk, etc.

According to Pavlov, when a phone rings we either salivate or pick up the phone. Some say it interrupts sex.

An untrained dog wants to pee on every blade of grass. It can be trained out of them. Jumping for the phone is similar and can be trained away until there is a safe spot to pull over. In Canada the safe spots are twice as far apart as in the USA. Figures.
Road rage can be a momentary choice. I'm ok with the huge hammer being used if you do it more than once as the outcomes can be horrendous and it's completely unnecessary. It's also much harder to define. If someone cuts you off and you lay on your horn and they crash, was that road rage by you? They line is very wide and very grey.

IMO road rage is someone getting butt hurt because they didn't get their way. Self importance is an insidious trait. It can also be programmed into simulator. "^%*^% machine" is screwing up my test. Yup. It showed a hidden "blame someone else" trait.
Crossing the HOV lane is interesting. There are a lot of people that completely ignore the line. I would be fine with them getting a mark on their license that fully restricts them from ever using an HOV lane in any circumstance. ALPR would make it easy to catch them and use a hammer that hurts.
Too lazy to do it right and sense of importance. Your mother lied to you. You're not important or special (In the good way) Follow them around town and you'll find they turn left into right lanes and right into left lanes.

A bit more paperwork but when a driver gets a ticket or crash their named instructors and examiners get demerit points as well.
 
If they stole the car and have no licence, yup the teenagers would be at fault. would the cops also charge the driver of the car that hit them from behind? probably
It could be argued that a licensed driver would have enough training to avoid being in that spot.

The moving car isn't allowed to ram a stationery vehicle, regardless of why and where it is stopped.

Lots of tickets for everyone.
 
No the drunk should not be on the road. I'm interesting in who is at fault for the accident.
What if son or daughter without a driver license goes for a joy ride in mom's car. While at waiting at the lights. a sober, licensed driver approaching from behind hits the gas instead of the brake and smashing into mom's car. Would it still be the teenagers fault for the accident?
How about mom leaving keys accessible? A garage up the Bruce Peninsula got seriously reamed for leaving keys for cars in for service dropped in ashtrays or on visors.

The court assigned percentage blame to a half dozen people with the garage getting the biggest number. Young unlicensed teens high on mom supplied booze.

The SCC may end up determining the rules.

 
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