Your views on certain types of driver.

[Alex MacLeod]

Below are two scenario's. I'm interested in how posters view each situation. I want each poster only to make one post on the subject only and not to comment or criticise another post or poster. Later I will throw in another scenario or two. The object is to guage peoples perception of a situation that has certain degree's of similarity.

Scenario 1. Jimmy Jones has been in the pub for the evening. He's had five pints over a three hour period and feels very sober. He jumps into his car and drives quarter mile to his home. Gets there, parks the car and as he climbs out the police stop and breathalize him. He fails, is prosecuted and gets fine ?150 with a years ban.

Scenario 2. Billy Smith has been in the pub for the evening. He has also had five pint's over the same period and feels very sober. He jumps into his car to drive the same distance home. On route, and going a little fast, he loses control, smashes into a people carrier. Four people in the people carrier are killed and the other is seriously injured. Billy has some minor cuts and bruises.

Can you see any differences between the drivers in each scenario? Should Billy be treated any different to Jimmy?

Please dont comment on the rights or wrongs of drink driving. We all know them and other scenario's may not involve drink diving.

[Guest]

The difference is potential consequences versus actual consequences, the same as the difference between murder and attempted murder. Most crimes have various degrees of severity in punishment depending on the consequences. I believe the two scenarios would have different offences charged to the perpetrators, Jonesy being done with drink driving, Smithy Causing death by dangerous driving whilst under the influence of alcohol or drugs.

[Johnboy]

I agree with Birdog in that the punishment would be related to the consequences of Billy Smith's action, and for that a substantial custodial sentence would be appropriate.

Should also add that Jimmy Jones was unlucky to get done if he had completed his journey, and his driving was not giving any cause for concern. Generally speaking, the police have to have reasonable cause to suspect someone may have been drinking, or observe that person commit a moving traffic offence before they can stop and breathalyse.

It is still breaking the law of course.