wkdtime Posted July 2, 2009 Share Posted July 2, 2009 Am curious to know what makes Matt want to know an answer to this point of law. Read his initial post. He just want's to know what people's thought are on a subject that found it's way in to his mind. Quote Link to comment Share on other sites More sharing options...
marbleapple Posted July 2, 2009 Share Posted July 2, 2009 My question is; in this day and age, is drink driving premeditated murder? Should it be classed as this under trial? Alcohol is not a defence to saying that you did not have intention unless you are a medically diagnosed alcoholic in which it is manslaughter. Saying that though it’s a huge leap to imply intention to murder purely by drinking and then driving. It is much easier for the Courts to punish the person with negligent manslaughter (no intention necessary) or Dangerous driving which both give the Court the ability to give large prison sentences if they so wish. Thus to summarise, its a null discussion. THe Courts have the power if they so wish but simply under the guise of a different name (i.e. dangerous driving, gross negligent manslaughter etc) Quote Link to comment Share on other sites More sharing options...
tooley Posted July 2, 2009 Share Posted July 2, 2009 to make driving whilst under the influence of alchohol you would have to enforce a no drink limit what so ever to make it a pre-meditated act and i dont think it will ever happen as has been said earlier would you also say breaking the speed limit be it on a motorway or even on a 30mph road and then hitting and killing someone is a pre-meditated act to a great many it would be a yes but in the eyes of the law its not i was once going along the east lancs road in my 205 dimma and had 3 young lads tear up behind me in a 205 and then pull along side whilst the 2 passengers proceeded to spray my car with what ever booze they were drinking. at this point i put my foot down and shot off at the oncoming traffic lights they changed and i slowed down to stop whilst the car that had been at my side and was now miles behind hurtled past me giving me the v's and launching an empty bottle at my car. at this point all 3 who had been watching me and the car and not the lights or the huge truck now in front of them crossing they hit the truck at approx 100mph and all died instantly. was this a pre-meditated act on my part to race off to avoid any hassle to me it wasnt but the boys families it was even though none of them had a license or insurance and they hadnt stopped at the lights but i had. i have to live with that just like a drink driver has to live with what his actions cause but it doesnt make you a murderer Quote Link to comment Share on other sites More sharing options...
stevie_b Posted July 2, 2009 Share Posted July 2, 2009 at this point all 3 who had been watching me and the car and not the lights or the huge truck now in front of them crossing they hit the truck at approx 100mph and all died instantly. was this a pre-meditated act on my part to race off to avoid any hassle to me it wasnt but the boys families it was even though none of them had a license or insurance and they hadnt stopped at the lights but i had. i have to live with that just like a drink driver has to live with what his actions cause but it doesnt make you a murderer That's a sobering thought (no pun intended, I'm not larking about). Obviously I wasn't there, but from the way you describe it there was nothing you could have reasonably done to stop them being killed. It sounds like their families were unwilling to accept that the actions of the driver (as opposed to you) caused their deaths. More people looking for scapegoats rather than looking closer to home. Very sad. Quote Link to comment Share on other sites More sharing options...
Matt H Posted July 2, 2009 Author Share Posted July 2, 2009 at this point all 3 who had been watching me and the car and not the lights or the huge truck now in front of them crossing they hit the truck at approx 100mph and all died instantly. was this a pre-meditated act on my part to race off to avoid any hassle to me it wasnt but the boys families it was even though none of them had a license or insurance and they hadnt stopped at the lights but i had. i have to live with that just like a drink driver has to live with what his actions cause but it doesnt make you a murderer Wow, that is mad, sorry you had to be put through that. I have zero sympathy for the lads in the car that died. Their own behaviour got them killed, and unfortuneatly they have put a scar in your mind that you shouldn't have had to recieve. Was the lorry driver o.k? Quote Link to comment Share on other sites More sharing options...
martini Posted July 2, 2009 Share Posted July 2, 2009 No it's not. it's just stupid. to make driving whilst under the influence of alchohol you would have to enforce a no drink limit what so ever to make it a pre-meditated act and i dont think it will ever happen as has been said earlier would you also say breaking the speed limit be it on a motorway or even on a 30mph road and then hitting and killing someone is a pre-meditated act to a great many it would be a yes but in the eyes of the law its not i was once going along the east lancs road in my 205 dimma and had 3 young lads tear up behind me in a 205 and then pull along side whilst the 2 passengers proceeded to spray my car with what ever booze they were drinking. at this point i put my foot down and shot off at the oncoming traffic lights they changed and i slowed down to stop whilst the car that had been at my side and was now miles behind hurtled past me giving me the v's and launching an empty bottle at my car. at this point all 3 who had been watching me and the car and not the lights or the huge truck now in front of them crossing they hit the truck at approx 100mph and all died instantly. was this a pre-meditated act on my part to race off to avoid any hassle to me it wasnt but the boys families it was even though none of them had a license or insurance and they hadnt stopped at the lights but i had. i have to live with that just like a drink driver has to live with what his actions cause but it doesnt make you a murderer It's not your fault in any way, shape or form. Not even close. Hopefully they only killed themselves. Quote Link to comment Share on other sites More sharing options...
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