Drink drive law changes

[rastuscat]

The passive is the one they do in the car to determine if you have been drinking at all, .............................
So if they sniff any alco you will have to wait for a radio check for your history, yes its just a min or so to wait but its not going to be a quick wave on even after a legal drink.

Ta for that.

Any attempt to flog the repeat offenders is good.

Irony here. Shoplift a Moro bar from K-Mart and you'll get fingerprinted, photographed and some time in a cell. Get caught drink driving and they fill forms out, hand them to you and send you on your way (in the vast majority of cases). It's a throw back to the MoT days, when drink driving was only considered an offence, not a crime. Personally I think that threatening the lives of other people by drink driving should be treated more seriously than the Moro bar theft, but I'm just a plebe. God forbid that I should trample on the rights of some poor drink driver.

So there.

[Kickaha]

I also forgot to add in the announcement:
Cabinet has also asked for more work to be done on penalties for the most serious repeat drink drive offenders.

What, like this guy?

http://nz.news.yahoo.com/a/-/mp/7666...s-convictions/

A banned motorist who killed a Northland mother while driving with nearly double the legal limit of alcohol had 17 previous drink-drive convictions, a court has heard.

Warren John Jenkins, 49, of Orewa, north of Auckland, pleaded guilty in Auckland District Court last week to driving with excess breath-alcohol causing the death of Katherine Kennedy, and other offences.

He was remanded in custody for sentencing in September, The Northern Advocate reported.

Jenkins crossed the centre line, colliding with Ms Kennedy's car on State Highway 10, just south of Kerikeri in the Bay of Islands, on March 17.

She was airlifted to Whangarei Hospital where she died several hours later.

Jenkins returned a blood-alcohol reading of 146mg of alcohol per 100ml of blood -- nearly twice the 80mg legal limit. He had 17 previous convictions for drink-driving and 19 convictions for driving while disqualified.

Police at the scene found two red wine casks in the back of his car and another wine bladder on the road after the crash.

Jenkins was admitted to hospital for treatment but discharged himself two days later.
He was arrested as he slept in a car parked in Auckland, after a tip off from a member of the public.

[Genestho]

What, like this guy?

http://nz.news.yahoo.com/a/-/mp/7666...s-convictions/

A banned motorist who killed a Northland mother while driving with nearly double the legal limit of alcohol had 17 previous drink-drive convictions, a court has heard.

Warren John Jenkins, 49, of Orewa, north of Auckland, pleaded guilty in Auckland District Court last week to driving with excess breath-alcohol causing the death of Katherine Kennedy, and other offences.

Unfortunately I don't know whether this will come under the new legislation with the timing.

But IMO this is a 'great' example of what Govt need to address, he has so many convictions that it can't be denied he would know the consequences of his behaviour could kill. Not a matter of if, but when.


The charge seems weak under the circumstances.
He will already gain time off for pleading guilty.

I wish this family the best of luck, I hope they have the strength to push hard, and to ask for accountability and the reasoning, as to why this man was let off so many times.

Now is the time.

[Spearfish]

Its sad this and any other family have to not only go through a trial but have to deal with the questions left over when the soak is sentenced and you know they will.

I don't know if the new impairment test they do for (any) drug carries a heavier penalty, if it does then perhaps that's a better way to hit harder?

[98tls]

I still fear that the Judges will once again let the whole thing down,read in the ODT yesterday of a guy still not sentenced to jail when appearing on his 8th drink driving conviction,the judges reason for not sending him was that the guy had imposed a trespass order on himself at every pub in town (Alexandrea),who the fuck cares thats not going to stop him drinking.The judge is a complete and utter idiot as many of them seem to be.

[davereid]

I still fear that the Judges will once again let the whole thing down...

Thats part of the problem, no amount of new laws will help if the powers the courts already hold are not used.

And it could be argued that a lower limit might exacerbate this problem.

Many more people would appear before the courts, with relatively benign blood alcohol levels, diverting attention from the small but very dangerous numbers of drivers appearing with very high blood alcohol levels.

I also see in this mornings "Dominion" Section A3, that 35% of drivers who died in crashes had taken drugs.

The actual figures.. from 1046 deaths

Alcohol only = 135 (12.9%)
Alcohol and Cannabis = 142 (13.5%)
Cannabis only = 96 (9.1%)
Other drugs = 127 (12.1%)

2% of the drivers had alcohol higher than the proposed .05 but lower than the existing 0.08.

[Genestho]

Its sad this and any other family have to not only go through a trial but have to deal with the questions left over when the soak is sentenced and you know they will.

I don't know if the new impairment test they do for (any) drug carries a heavier penalty, if it does then perhaps that's a better way to hit harder?

It is sad but neccesary, what's worse is that families shouldn't have been put in this position in the first place!

I still fear that the Judges will once again let the whole thing down,read in the ODT yesterday of a guy still not sentenced to jail when appearing on his 8th drink driving conviction,the judges reason for not sending him was that the guy had imposed a trespass order on himself at every pub in town (Alexandrea),who the fuck cares thats not going to stop him drinking.The judge is a complete and utter idiot as many of them seem to be.

Yep, just last month there were two drivers put away with multiple drink drive convictions, finally receiving the max, which should've happened sooner in the careers, but making their conviction out of step with a drink driving causing death case, where the recidivist had four priors sentenced similar time frame.

Thats part of the problem, no amount of new laws will help if the powers the courts already hold are not used.

And it could be argued that a lower limit might exacerbate this problem.

Many more people would appear before the courts, with relatively benign blood alcohol levels, diverting attention from the small but very dangerous numbers of drivers appearing with very high blood alcohol levels.

2% of the drivers had alcohol higher than the proposed .05 but lower than the existing 0.08.

You're right, part of the problem is current laws aren't being enforced, must gutting for the guys in the front line.

I am waiting on a few OIA requests and hope to be able to see the numbers.

Causing Death with EBA needed raising to reflect the devastation and harm caused IMO, and I do believe IID's are an important measure, but at Judges discretion doesn't sound promising for participation rates, unless the other options are well worse and enforced.

[scumdog]

AT a guys place today (in the US) and he reckoned his single DIC cost him directly and indirectly $10,000 easily!!

The lawyers fee the drivers ed classes he had to attend twice a week at $40 a pop, the increase in insurance, the fine, the 3 years on probation (Zero alcohol reading allowed during that time), the two days jail etc etc.

Sounds like NZ really needs to step up to the mark.......

[scumdog]

It is sad but neccesary, what's worse is that families shouldn't have been put in this position in the first place!


Yep, just last month there were two drivers put away with multiple drink drive convictions, finally receiving the max, which should've happened sooner in the careers, but making their conviction out of step with a drink driving causing death case, where the recidivist had four priors sentenced similar time frame.


You're right, part of the problem is current laws aren't being enforced, must gutting for the guys in the front line.

.

Yep, to get even half the maximum sentence you have to make a really determined effort with your drink-driving it seems.

Max fine 1st EBA = $4,500

What they normally get: a fine equal to or less than their breath reading most of the time.

So most get less than $1,000 fine, a lot of the time it's even less than $700.

[ukusa]

Yep, to get even half the maximum sentence you have to make a really determined effort with your drink-driving it seems.

Max fine 1st EBA = $4,500

What they normally get: a fine equal to or less than their breath reading most of the time.

So most get less than $1,000 fine, a lot of the time it's even less than $700.

& how many are unemployed & don't pay anyway?

[caseye]

The big prick who nearly killed my mum and dad 12 years ago was on his 14th! yes I said 14th drink driving conviction.He was a native of Tahuna (where the attempted murder of innocent road users occurred) Luckily he died at the scene.Wrong side of the road for over 200m's just a half a k from his home.
Been to the pub three! times not one of his whanau tried to stop him the last time he headed out for "more" booze.
My opinion for what its worth, a slow bullet is too good for em, thow them in Mt Eden and throw away the key.
I'd do it tomorrow no regrets no allowance for mistakes, too bad.
How many more of our families have to die before the small minority who dont know how to care get the point.Stop or you will be stopped PERMANENTLY!

[miloking]

Hmmmmmmmmmm. TGW, maybe you can answer a question on this.

If a cop stops someone, the cop will have to know the drivers previous conviction list before being able to apply differential readings i.e. if the driver is over 20, the Popo will have to know if they have previous, as the test result will have different outcomes for someone with convictions.

It seems to me that this is going to be the end of passive breath testing on large checkpoints, as you can't find out a drivers history very quickly.

Secondly, what constitutes a recidivist? One conviction in the last 5 years? Two?

The practicalities of this are a bit hard to picture. Your advice appreciated.

Blue licence for learner
Yellow licence for restricted
Green for full

AND FUCKING BRIGHT RED ONE FOR RECIDIVIST DRINK DRIVERS! (yep, would be very embarasing for them to be asked for I.D. in a bank, clubs, getting on domestic flights etc...you name it but thats the way it has to be!)

That way breath testing check can stay passive...

Do you think it would work?

Also recidivist drink driver = anyone who was ever disqualified for drink driving... and i mean EVER, for a life time! There is no need for being nice about it...as most recidivist drink drivers are alcoholics anyway so they should be "off the wagon" for rest of their lifes anyway*



*(unless court decides otherwise in individual cases...as there are always some exceptions and to account for possible errors)

[Edbear]

Unfortunately I don't know whether this will come under the new legislation with the timing.

But IMO this is a 'great' example of what Govt need to address, he has so many convictions that it can't be denied he would know the consequences of his behaviour could kill. Not a matter of if, but when.


The charge seems weak under the circumstances.
He will already gain time off for pleading guilty.

I wish this family the best of luck, I hope they have the strength to push hard, and to ask for accountability and the reasoning, as to why this man was let off so many times.

Now is the time.

AT a guys place today (in the US) and he reckoned his single DIC cost him directly and indirectly $10,000 easily!!

The lawyers fee the drivers ed classes he had to attend twice a week at $40 a pop, the increase in insurance, the fine, the 3 years on probation (Zero alcohol reading allowed during that time), the two days jail etc etc.

Sounds like NZ really needs to step up to the mark.......

NZ could learn a lot from the US where Vehicular Homicide is a law. We do have now the means to do more, such as a charge of manslaughter or murder and as Scummy says, use the weight of the laws we have!

[Indoo]

still not sentenced to jail when appearing on his 8th drink driving conviction:.

I can't understand why your not sentenced to imprisonment after your second?

[Daffyd]

Blue licence for learner
Yellow licence for restricted
Green for full

AND FUCKING BRIGHT RED ONE FOR RECIDIVIST DRINK DRIVERS! (yep, would be very embarasing for them to be asked for I.D. in a bank, clubs, getting on domestic flights etc...you name it but thats the way it has to be!)

That way breath testing check can stay passive...

Do you think it would work?

Also recidivist drink driver = anyone who was ever disqualified for drink driving... and i mean EVER, for a life time! There is no need for being nice about it...as most recidivist drink drivers are alcoholics anyway so they should be "off the wagon" for rest of their lifes anyway*



*(unless court decides otherwise in individual cases...as there are always some exceptions and to account for possible errors)

I like it!