Loud and Uncouth
Dunno - they go to jail quick-smart if they haven't got payment made in a short time, how they pay back the guys that forwarded the money to pay said fine is another issue - this ain't New Zealand you know, soft-cocks need not apply.!Originally Posted by ukusa
BTW - 104 degrees F. here at the mo, I know being out in the jail-yard wouldn't be that much fun I suspect.
Winding up drongos, foil hat wearers and over sensitive KBers for over 14,000 posts...........
" Life is not a rehearsal, it's as happy or miserable as you want to make it"
Loud and Uncouth
Hey, I agree with you 100% this time - keep up that line of thought matey!
Winding up drongos, foil hat wearers and over sensitive KBers for over 14,000 posts...........
" Life is not a rehearsal, it's as happy or miserable as you want to make it"
Scooter boy
sounds good to meHey, I agree with you 100% this time - keep up that line of thought matey!
www.MAG-NZ.org
That is a neat idea, one that I would support.
GOOD ROADS, NUTHIN 2 RIDE
There we go, Miloking has single handed fixed the problem but the problem is, its to simple and worse probably to effective for NZ.
"Your talent determines what you can do. Your motivation determines how much you are willing to do. Your attitude determines how well you do it."
-Lou Holtz
Den tha thriamvéf̱sei páno̱
Seperate license classifications to recognise repeats, as well as plate recognition of learner and Restricted plates, like in Australia - have already been suggested in submissions, alongside many other suggestions.
What appears to be missing is a multi agency accessed database, based solely on drink driver data, as is used overseas in DUI courts.
From there we are able to grasp a complete picture of what we have, how to deter repeat offenders case by case - sanctions and interventions, for 'look back' monitoring purposes, and also have a complete historic reference of all prior offences for future reference.
There's a study that suggests increasing fines or license disqualification as a prinicpal penalty, would have limited potential in deterring recidivist offenders in NSW, Aus, based on history and subsequent re-offending of 70,000 persons who received a court imposed fine between 1998 and 2000.
Yet, in an online survey funded and supported by some of the liquor industry of DUI clients in the States - with an average of 3 prior offences; 81% of hard core drink drivers say that more severe sanctions after their first DUI would have made them change their behaviour, the top 3 self reported deterrents from recidivists in order:
1. 76% said Mandatory one year Jail
2. 75% said Mandatory Fines ($10,000 - US)
3. 70% said Alcohol Interlocks
Aside from the legal consequences, family and friends topped the list of reasons why HCDD's stop.
Ironically, 80% were concerned about other drink drivers on the roads.
ter·ra in·cog·ni·taAchievement is not always success while reputed failure often is. It is honest endeavor, persistent effort to do the best possible under any and all circumstances.
Orison Swett Marden
Tornado Alley
That 2% still equates to more than 20 families and all their friends not having to go through the trauma of losing a loved one.... time and again on the anniversary of the death.....
Ever seen a maximum given out? The best I saw was a $3500 fine in the North Shore Court.... and that was for a 9th conviction..... and I've been doing this for 25 years........................................
True.... dock the benefit....... immediately.......
I like it a lot... but as for coloured licences, it wouldn't work... they would just hold on to the green license and hand that over, instead of surrendering it when they lose it.... just like they do now.......
A brand on the forehead "PISSHEAD DRIVER" might work better?
FUN LOVIN CRIMINAL
this prick is an ideal candidate
http://www.3news.co.nz/Drunk-driver-...5/Default.aspx
Loud and Uncouth
Talking to some locals here in Reno, they told me mandatory jail for 3rd DUI, licence goes on probation for a year after sentencing, i.e. NO alcohol aloowed on a roadside screening test.
Would that NZ politicians had the balls to do likewise with our laws.
Winding up drongos, foil hat wearers and over sensitive KBers for over 14,000 posts...........
" Life is not a rehearsal, it's as happy or miserable as you want to make it"
Den tha thriamvéf̱sei páno̱
I believe we are sending the wrong message as to what's acceptable, if we want to combat drink driving on any level, faith in the Justice system must be restored, less judges discretion and more mandatory interventions and penalties.
Discretion is simply not working IMO, as an example: we've used discretion in EBA causing death in 2 cases that come to mind, in the last few years, and some of these people are out, and re-offending and convicted again.
I do have faith that Joyce et el have the balls, knowing what I do - I believe they have shown it so far, and I hope they continue to do so.
ter·ra in·cog·ni·taAchievement is not always success while reputed failure often is. It is honest endeavor, persistent effort to do the best possible under any and all circumstances.
Orison Swett Marden
Tornado Alley
Isn't this exactly what is actually being proposed? Recidivists = no piss at all? Or am I reading the wrong newspaper....?
Coal Burning XV Rider!
You know what they say Patrick.
If you've got to ask, then your probably on the wrong page mate.
This is a subject worthy of being treated with restraint and application from anyone coming here to comment, the graduated licences should already have happened for car drivers.
The EBA level should stay as it is, all the hype about what can and can't be drunk before any sort of impairment is reached is BS!
Would anyone out there in KB land take the word of a couple of journo's?
I sure as hell would not.
Patrick, while I know the figures are right ie: the 2% between .5 and .8 equates roughly to 20 families, even that number can and would re reduced if we could get to all the under aged, drivers, the habitual drunk drivers and the career crims who all simply drive a car without thought to safety, warrants of fitness, registration,seat belts(either their own or their kids) drink comsummed, etc etc.
Surely we need to be making targets of these types and stop making criminals out of ordinary folk who do drink responsibly and then drive home safely and under the limit as it stands.
NZ's Pollies seem to make much of new laws which do no more than existing ones, except to sound and look good making them up!
I drive cars, i ride bikes,I shoot guns, and I walk in our DOC land with a pack on my back and a fishing tod in my hand.Once i would have paid tax once and been able to do everyone of the things I love doing without thought for how much it was going to cost me.
now the Govt get something out of me for doing each and everyone of those things.
But if you are unemployed, drive an unregistered car, carry illegal weapons and rob your neighbours while they are at work IT"s OK.No Tax@! required cause you are poor and deprived
I've had enough.T.G.W go for the doctor and call me when you want any sort of support I'm in.
Every day above ground is a good day!:
Den tha thriamvéf̱sei páno̱
Land Transport (Road Safety and Other Matters) Amendment Bill 213-1 (2010), Government Bill
http://www.legislation.govt.nz/bill/...resel&p=1&sr=1
And in PDF for easy reading. http://www.legislation.govt.nz/bill/...ed805ff502.pdf
Safer Journeys alcohol actions and review of penalties causing death, and further actions from the Safer Journeys Iniative.
Allowing police to take alcohol readings for research purposes from all drivers involved in fatal or serious injury crashes who have a Blood Alcohol Concentration (BAC) between .05 and .08 (50 milligrams and 80 milligrams of alcohol per 100 millilitres of blood or 250 and 400 micrograms of alcohol per litre of breath.
Lowering the youth drink drive limit for drivers under 20 years of age from BAC 0.03 (30 milligrams of alcohol per 100 millilitres of blood or 150 micrograms of alcohol per litre of breath) to BAC zero.
Repeat drink drive offenders will be subject to a BAC zero limit for 3 years after they receive their licence back.
Provide for infringement offences and the associated infringement penalties for the breach of the zero drink drive limits.
Allowing Courts the option to require repeat or serious drink drive offenders to use alcohol interlocks, after a mandated 90-day disqualification.
Interlocks must be used for at least 12 months, and can only be removed where the offender shows a violation-free period of 6 months (reducing to 3 months if an approved alcohol assessment is also completed) and offenders will be subject to a zero BAC limit for the 3 years after the removal of their interlock.
Increasing penalties for dangerous driving causing death.
More Info - recommended reading for ALL Road Users
If anyone else has a vested interest: Select Committee process Information:
http://www.parliament.nz/en-NZ/PB/SC/
ter·ra in·cog·ni·taAchievement is not always success while reputed failure often is. It is honest endeavor, persistent effort to do the best possible under any and all circumstances.
Orison Swett Marden
Whisky Tango Foxtrot?
I don't care about a zero limit - if an occasional drinker is safe to drive with under 50mg then a frequent drinker will cause no problems with that kind of level of alcohol. I care more about the repeated 100+mg offences.
I remember reading in a local paper's court news about a drink driver on the 17th offence being told by the judge that they were lucky not to be going to prison and being given a fine & license suspension. I'm all for mercy and all - but how many times does someone need to show no regard for the law before the law takes that shit seriously?
What I'd like to see is some serious ramping up of penalties for subsequent offences. Something like:
1st offence - 6-12 months loss of license & a fine + explanation of what happens if caught again.
2nd offence - 2 years minimum loss of license & $1K minimum fine + explanation of what happens if caught again.
3rd offence - 5 years minimum loss of license & $5K minimum fine or jail time.
4th offence - 10 years minimum loss of license & mandatory jail time.
5th offence - mandatory lifetime ban on driving (obviously can't trust this cunt with a license) + jail.
Also add a big penalty for drink driving while disqualified for previous drink driving, like penalty equivalent to next offence up. i.e. 2nd offence for drink driving while still banned from driving from the first offence - 5 years minimum loss of license & $5K fine, if caught again driving drunk in those 5 years then they get the lifetime ban and jail time.
This should be a serious law that make the drunks take it seriously. The guy that almost killed my mate (over 6 months in hospital) and caused him to lose his right leg below the knee got a fine & loss of license and some PD - that is rather pitiful considering the impact on another persons life. Maybe if the law got serious with the prick on an earlier offence this would never have happened. There needs to be some proper punishment even for those lucky enough to not hurt someone else - don't keep sending them out on the roads to try again until a motorcyclist is killed or injured.
----------------------------------------------------
"If the cops didn't see it, I didn't do it!"
- George Carlin (RIP)
Den tha thriamvéf̱sei páno̱
I'm really sorry to hear about your mate Mark, I totally agree with you that we need to stop mucking around letting drivers culminate so many offences.
I can see why there has to be a zero limit set for repeat drink drivers - you have to send the message. It's not just about the issues we have now, but the way we shape our young ones. Things will very different for the next generation, it won't be as excepted as it was.
We also know legislation can only do so much.
I'm also going to apologise for my LONGGGG and wordy post - but please bare with me.
There's a two fold thing - some penalties are available and not charged or sentenced accordingly in the public's eyes - but justifiable in the eyes of the justice system, some penalties are just not available when Judges are calling for them.
Some cases have mitigating factors, offenders pleading early guilt, Restorative Justice, reparation, time frame between offending.. resulting in less severe sanctions, it can all be very complex to what we may see as a black and white situation.
In the last month there've been cases where judges are now awarding the max penalty for serious recidivist drink and disqualified drivers of two years, but this becomes out of step with drink drive causing death cases as we've seen some go away for the same amount of time, or judges crying out for more options.
Last week a High Court Judge turned over a District Court Judges ruling http://nz.news.yahoo.com/a/-/top-sto...gger-sentence/
To explain the sentencing referred to in the story:
Concurrent Sentencing is the type most commonly used at present in New Zealand. This is where seperate sentences are handed down for each offence committed by an offender - but they are all served simultaneously, i.e. side by side, in parallel.
Cumulative Sentencing is where all the sentences that an offender may get at any one time for a series of offences are served end-on-end, i.e. one after the other.
I'm thinking this is down to:
Until 1st July 2010 - we had:
"Traffic offences
Subcategories are:
driving causing death or injury – charges involving driving with excess alcohol; reckless/dangerous driving; or careless driving where death or injury occurred.
It is no longer possible to distinguish data related to charges resulting in injury and charges resulting in death.
A small number of those who kill a person while driving a motor vehicle are charged with manslaughter rather than driving causing death driving with excess alcohol – mostly charges where a person was driving with excess alcohol, but also includes charges where the offender refused to supply a blood specimen, or was convicted for driving under the influence of drink or drugs.
Charges where a person was driving with excess alcohol and caused death or injury are included in the ‘driving causing death or injury’ category in this table
-driving while disqualified
-reckless/dangerous driving
-careless driving
-other traffic. "
From 1st of July - drinkdriving causing injury or death is no longer 'just' a traffic offence as it has been for squillions of years - it is now under a new offence classification of dangerous and negligent acts endangering persons, becoming more aligned with New South Wales offence classification - so we now have an aggravating factor. This tells me that Govt are listening to the public and recognising the harm and destruction being caused.
This is what we have now:
Dangerous or negligent acts endangering persons
Offences in this category include:
Driving under the influence of alcohol or other substance
Dangerous or negligent operation (driving) of a vehicle
Neglect or ill-treatment of persons under care
Other dangerous or negligent acts endangering persons
As well as:
Traffic and vehicle regulatory offences
Offences in this category include:
Drive while licence disqualified or suspended
Drive without a licence
Vehicle registration offences
Vehicle roadworthiness offences
Exceed the prescribed content of alcohol or other substance limit
Exceed the legal speed limit
Parking offences
Pedestrian offences
I'm assuming/hoping this will and other bits will allow for more cumulative sentencing options and current or future proposed penalties.
There's progression - we're chipping away. As you can imagine submissions and info are sent in by all quarters of the community - last year saw around 1400 submissions for the whole raft of 60 odd measures in the Safer Journeys strategy, pretty small when you see exactly how far the changes reach every road user in the country.
The more individuals or families that have been involved in these types of crashes, or has vested interest that add input the better - it takes a bloody long time to move mountains!
ter·ra in·cog·ni·taAchievement is not always success while reputed failure often is. It is honest endeavor, persistent effort to do the best possible under any and all circumstances.
Orison Swett Marden
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