brain dead judges

[Ken Gargett]

one has to be a little careful as have a number of mates who are judges from back in my 'legal' days, and a few in the family but sometimes you just wonder.

report below of a drink driver. now i would have given them life without parole but what really got to me was the last bit. five years pre parole and not allowed to drive for five years? what was he thinking, that they'd borow the warden's car for a night out?

A DRUNKEN unlicensed driver who caused a crash that killed a Melbourne man has been jailed for eight years.Perehia Hannah Waa, of St Albans, northwest of Melbourne, was more than three times over the alcohol limit and 25km/h over the speed limit when she lost control of her car and crashed into a van in nearby Keilor Downs in May 2007.

Both vehicles careered onto the footpath, with the van striking pedestrian Vernon Dalley, 56, who died. Blood tests taken after the accident revealed Waa had a blood alcohol reading of 0.191. Experts estimated Waa had a blood alcohol concentration of between 0.146 and 0.198 at the time of the accident.

Victorian County Court Judge Mark Taft said Waa's high alcohol concentration and speed made her a "menace" to other road users. "Your conduct has had shocking and tragic consequences for others," he said. "(You were) driving with an astonishingly high level of alcohol and at an excessive speed. In so doing you blighted the lives of his partner, family and friends."

Judge Taft ordered Waa serve a minimum of five years jail before being eligible for parole. He also disqualified her from driving for five years.

[Colt45]

You know, there's been a pattern - you go away, things on the forum are civil, friendly, good natured fun.

You just can't wait to come back all full of piss and vinegar.

Never change

[Fuzz]

Totally agree with you there Ken. A sentence like that is just a very sick joke. Whatever happened to the sentencing fitting the crime? There is no defence for getting drunk, having an "accident" and killing someone in the process.

[Ken Gargett]

You know, there's been a pattern - you go away, things on the forum are civil, friendly, good natured fun.

You just can't wait to come back all full of piss and vinegar.

Never change

sorry to hear things were so boring.

[samb]

Thats often the way it is here... I think that drunk drivers who cause an accident should have to face just as severe a sentence as any other murderer... There really is NO excuse for driving that plastered.

[El Presidente]

On an aside.

I haven't had a drink for 11 days (not that I am counting )

Finished up work last night at 8pm, locked up and headed home along Gregory Terrace (2 minutes from here). Reached my sons school (St Josephs Gregory Terrace....on the way home) and was met by 12 coppers and a full Random Breath test unit.

"Sir this is a Random Breath Test, please blow in the RBT unit until I say stop"

I did

"When was your last drink?"

10 days ago

"Step out of the car sir...you are over the limit"

No effing way officer! I can't be.

"You have a reading of .129 are you on any medication"

No mate.

At this point I was taken to the front of the school to await a second reading in 15 minutes. It dawned on me what had occured.

"mate...I took a swig of mouthwash 5 minutes ago"

"Sir...that is a common statement. Often used by people masking numerous drinks...we will see"

Now my car is pretty well known and that section of road is lit like daylight. All I could think is that is one of the teachers or parents finishing late at the school will take a photo on their mobile phone as they drive past"

15 minutes later and I blew again........ .049

"On your way sir"

Mouthwash.....who would have thought

[Habanos2000]

was met by 12 coppers and a full Random Breath test unit.

"Sir this is a Random Breath Test, please blow in the RBT unit until I say stop"

I'm shocked that randomly pulling you over and having you blow for a breath test is even legal! Where I live we have random "safety checks" where the cops slow you down, look in the car to see if your seatbelt is fastened or not, and probably look for anything else they can ticket you for. But if I was told I had to pull over and blow if I hadn't done anything illegal, I'd be pissed!

[bunburyist]

surely the 5 year ban is delayed until the sentence is up? surely?

[fugwumpy]

surely the 5 year ban is delayed until the sentence is up? surely?

Do you think it's going to matter? She was unlicensed at the time of the accident, already.

[thechenman]

First of all the penalty is too lenient. I'm not talking about the 5 years mandatory time before being eligible for parole, but for the fact that the woman commited vehicular manslaughter and got only 8 years. With a blood alochol level like that and no license, I think she deserved a lot more time behind bars than 8 years. Should be 20 if not more and allow her to be eligible for parole in 10 or 15 years.

I'm sure the 5 year driving ban is reserved for following her release from prison. Personally, it should be a lifetime ban.

Finally, Prez...I think from your post you took being pulled over in stride. I personally would be pissed. While I understand the need for caution, at the same time I think it needs to be done without violating an individuals rights. No one should be pulled over without probable cause. These checkpoints just irriatate me and make me late. I'm sure while valuable, there could be more expiditious long-term solutions to this problem.

[paesano]

It's everywhere. If that were here they wouldn't have passed that harsh a penalty until after there 5th offense. They just don't get it. It's the lawmakers fault that the judges blame it on. Someone here in the US with as much money as God I guess, ran a full page ad in every major newspaper in the country. It simply said " Vote out the incumbent" If it were just that simple!

[PigFish]

What happened to our roots in common law?

Those who commit crimes and damage persons or property are let off, those who only have a "potential" to commit a crime are punished for the sake of government revenues!!!

Stopped randomly for a breath test! Man... you Aussies live in tyranny!!!

It really goes to prove that alcohol related laws have little to do with the saving of lives. They are a means of voluntary taxation in that the ones that get caught pay a stiff fine and support the system of government.

[android]

On an aside.

I haven't had a drink for 11 days (not that I am counting )

Finished up work last night at 8pm, locked up and headed home along Gregory Terrace (2 minutes from here). Reached my sons school (St Josephs Gregory Terrace....on the way home) and was met by 12 coppers and a full Random Breath test unit.

"Sir this is a Random Breath Test, please blow in the RBT unit until I say stop"

I did

"When was your last drink?"

10 days ago

"Step out of the car sir...you are over the limit"

No effing way officer! I can't be.

"You have a reading of .129 are you on any medication"

No mate.

At this point I was taken to the front of the school to await a second reading in 15 minutes. It dawned on me what had occured.

"mate...I took a swig of mouthwash 5 minutes ago"

"Sir...that is a common statement. Often used by people masking numerous drinks...we will see"

Now my car is pretty well known and that section of road is lit like daylight. All I could think is that is one of the teachers or parents finishing late at the school will take a photo on their mobile phone as they drive past"

15 minutes later and I blew again........ .049

"On your way sir"

Mouthwash.....who would have thought

Your wife set you up on that!!!!

[Ken Gargett]

surely the 5 year ban is delayed until the sentence is up? surely?

spoke to a prosecutor mate who said that it was a technical thing as those banned for life from driving can reapply after a year or two. and most seem to get restoration. so this was to avoid that. which seems just as stupid.

re rob's mouthwash, had a mate who cracked a beer, took a swig, on a long country road. cops round the next corner. he blew a squillion. they hauled him 80 kilometres to the station (couldn't tell them he had only just had one sip as that is an offence also). got to the cop shop and blew zip. red faced and unhappy cops had to drive him 80 k's back to the car with apologies.

and piggy, random breath testing here for a long time. part of life now. and it has undoubtedly cut the toll. i think most people now accept it as a positive. but all the more reason for jailing idiots like this woman for a vry long time.