15. Mar. 2010. – 16:05:41
Like every magistrate and judge I am bound
to follow legal practice and make appropriate decisions whether or not I am
personally in agreement with the necessary application. If I am faced
with applying legislation of which I heartily disapprove I can resign; that is
my choice. When the matter under consideration is driving with excess
alcohol [drink driving] I am applying a series of laws of which I heartily
approve. The fact that a drunk driver caused the death of somebody close to me
was a personal reminder just how necessary is such legislation.
Therefore it was disturbing to me
that a report in The Sunday Times [14 th March] indicated that the
government plans to cut the legal limit to 50mg alcohol in 100ml blood from the
current level of 80mg and perhaps reduce the driving disqualification for those
guilty, from the minimum twelve months if their alcohol level fell within
the new reduced limit. It might be thought odd that I describe this news
as "disturbing". There is not a driver who does not know that
part of the punishment for drink driving is a ban of at least one year.
Those who drink and drive deserve no pity. To achieve the current level
usually more than one pint or two glasses of wine or spirits is needed.
The drink driver is highly culpable. If a reduced blood alcohol level
were to be introduced it is possible in my opinion for that
culpability to be considered at a lower level,..... "I only had half
a pint your worship......." Worse still would be if the introduction
of penalty points instead of disqualification became an option. This would be
an encouragement to have just a "small one".
If this government is considering another
pre-election announcement it should be zero tolerance for drink driving ...ie
anything other than a zero level of alcohol in blood would be considered enough
to convict [medical cases excepted as is the case occasionally at
present]. Culpability would then continue be at its highest with very
very few occasions allowing anything but an automatic disqualification as now
of twelve months.
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