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Why is drink driving a crime?

The law clearly says that there are certain situations where you're too drunk to make decisions like an adult so why is drink driving a crime? Surely if you're too drunk to drive then you aren't in a state to understand the consequences of getting behind the wheel so shouldn't be prosecuted for it, the same applies to being drunk and disorderly actually.

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You must be ****ing trolling. Is this a serious question? Why is drink driving a crime??? Do I need to lay this out in words to you?
Original post by intelligent con
The law clearly says that there are certain situations where you're too drunk to make decisions like an adult so why is drink driving a crime? Surely if you're too drunk to drive then you aren't in a state to understand the consequences of getting behind the wheel so shouldn't be prosecuted for it, the same applies to being drunk and disorderly actually.


It's a bit of a loophole in the law. If you do any other crime, while drunk, it's sentence is lessened because you were drunk and it's presumed sober you would not normally undertake in such actions.

The main difference I think is that it thinks individuals normally know if they're going to be drink driving before they start drinking. If you state and convince the magistrates that you didn't plan to drink drive but did for x reason, it will make them extremely slightly more lenient.
Original post by intelligent con
The law clearly says that there are certain situations where you're too drunk to make decisions like an adult so why is drink driving a crime? Surely if you're too drunk to drive then you aren't in a state to understand the consequences of getting behind the wheel so shouldn't be prosecuted for it, the same applies to being drunk and disorderly actually.
coz people die.......
[video="youtube;moUChycJzIc"]https://www.youtube.com/watch?v=moUChycJzIc[/video]
Original post by Betelgeuse-
[video="youtube;moUChycJzIc"]https://www.youtube.com/watch?v=moUChycJzIc[/video]

What kinda logic is that?
Ok I know it's a joke and he's excuse the pun takin the piss but he just proved how dangerous drinking is, how dangerous driving is, separately. So obv both will be far more dangerous. Which is why less people do both at the same time and why "only 500" people drink drive. :facepalm:
Reply 6
Avatar for UWS
UWS
21
Because "I was drunk" is an unacceptable and stupid excuse for doing something that can kill others as well as yourself.
Original post by DanB1991
If you do any other crime, while drunk, it's sentence is lessened because you were drunk and it's presumed sober you would not normally undertake in such actions.


Actually, being under the influence is an aggravating factor in sentencing, not a mitigating factor. Source: https://www.sentencingcouncil.org.uk/explanatory-material/item/aggravating-and-mitigating-factors/

Original post by intelligent con
The law clearly says that there are certain situations where you're too drunk to make decisions like an adult so why is drink driving a crime? Surely if you're too drunk to drive then you aren't in a state to understand the consequences of getting behind the wheel so shouldn't be prosecuted for it, the same applies to being drunk and disorderly actually.


I mean, leaving aside the specifics of what the law says about being too drunk to make decisions, the fact is that the limit is far lower than the level at which you could plausibly claim not to understand the risk you're taking by drink driving.
Reply 8
Avatar for m_james
m_james
8
OP is a divvy.
Original post by TimmonaPortella
Actually, being under the influence is an aggravating factor in sentencing, not a mitigating factor. Source: https://www.sentencingcouncil.org.uk/explanatory-material/item/aggravating-and-mitigating-factors/



I mean, leaving aside the specifics of what the law says about being too drunk to make decisions, the fact is that the limit is far lower than the level at which you could plausibly claim not to understand the risk you're taking by drink driving.


https://en.wikipedia.org/wiki/Intoxication_defense

Cba but there are a number of offences where it has been used to lessen the sentence.
Original post by DanB1991
https://en.wikipedia.org/wiki/Intoxication_defense

Cba but there are a number of offences where it has been used to lessen the sentence.


Intoxication is not a defence. In extreme cases, intoxication can be used to show that a crime was not committed because the accused was not capable of possessing the necessary guilty mind. Not committing an offence and having a valid defence are different things. Both of these are different things again from sentencing.
Original post by TimmonaPortella
Intoxication is not a defence. In extreme cases, intoxication can be used to show that a crime was not committed because the accused was not capable of possessing the necessary guilty mind. Not committing an offence and having a valid defence are different things. Both of these are different things again from sentencing.



Re-read my original post... I was always referring specifically to sentencing. It's a defence to lessen the sentence, not outright guilt or culpability.
(edited 7 years ago)
Original post by DanB1991
Re-read my original post... I was always referring specifically to sentencing. It's a defence to lessen the sentence, not outright guild or culpability.


:sigh:

Okay
Original post by UWS
Because "I was drunk" is an unacceptable and stupid excuse for doing something that can kill others as well as yourself.



I agree.

That's a bit serious for you though ain't it? :smile:
Reply 14
Avatar for UWS
UWS
21
Original post by JamesN88
I agree.

That's a bit serious for you though ain't it? :smile:


Lol, I'm only serious at night when TSR is dead :biggrin:

I'm back to my normal self during the day! :crazy:

It's my inner Jekyll and Hyde
Reply 15
Avatar for Rk2k14
Rk2k14
17
OP is drunk.
Why is this even a question?

Spoiler

Original post by intelligent con
The law clearly says that there are certain situations where you're too drunk to make decisions like an adult so why is drink driving a crime? Surely if you're too drunk to drive then you aren't in a state to understand the consequences of getting behind the wheel so shouldn't be prosecuted for it, the same applies to being drunk and disorderly actually.


well yeah....it depends. if a person gets drunk willingly, they can know of any event they can get in trouble.
because by drinking you just **** up your life but driving while drunk? ohh boyy, you probably ******* everyone's life you pass by.
Original post by intelligent con
The law clearly says that there are certain situations where you're too drunk to make decisions like an adult so why is drink driving a crime? Surely if you're too drunk to drive then you aren't in a state to understand the consequences of getting behind the wheel so shouldn't be prosecuted for it, the same applies to being drunk and disorderly actually.


The law and intoxication have a funny relationship but essentially you're only responsible for your drunken actions that harm/endanger others


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