"Failing to prevent a Crime"
Discussion
What do you think of this?
www.sky.com/skynews/article/0,,30000-1156082,00.html
How long will it be before people MUST report drivers who break the posted limit
You can also write to Sky news and air your opinion (click on the link above)
www.sky.com/skynews/article/0,,30000-1156082,00.html
skynews said:
A couple in France are being prosecuted for allowing a dinner guest to drive home while drunk.
Frederic Colin later crashed his car, killing himself and a family of four.
Angelique and Jean-Sebastian Fraisse stand accused of failing to prevent a crime.
If they are found guilty they could face a prison sentence or a fine.
The couple argue they tried to stop their guest but he became aggressive and insisted on leaving.
How long will it be before people MUST report drivers who break the posted limit
You can also write to Sky news and air your opinion (click on the link above)
I would endeavour to persuade Dinner Guests NOT to drink-drive. As a responsible host I provide non-alcoholic alternatives to dinner wines and after dinner drinks.
I also offer guests I expect to partake of alcohol at my house a bed for the night whenever possible.
OK. So I'm doing my bit at that.
But, given the above, if a dinner guest drove home from my house over the limit I cannot believe it is *my* responsibility.
The implications of such a prosecution are enormous. You'd need to make guests sign disclaimers as you uncorked the bottle!
Wrong. Wrong. Wrong.
I also offer guests I expect to partake of alcohol at my house a bed for the night whenever possible.
OK. So I'm doing my bit at that.
But, given the above, if a dinner guest drove home from my house over the limit I cannot believe it is *my* responsibility.
The implications of such a prosecution are enormous. You'd need to make guests sign disclaimers as you uncorked the bottle!
Wrong. Wrong. Wrong.
julianc said:
So is not flashing your headlights to warn other motorists of a speed trap 'failing to prevent a crime'?
Julian
or "perverting the course of revenue - oops - JUSTICE
I thought Landlords were already held responsible for similar incidents ?
>> Edited by ws6 on Tuesday 19th October 13:12
I disagree with this emphatically. People are responsible for their OWN actions. While the hosts may have had a MORAL responsibility to their friends and to other road users, they had no legal responsibility.
Picture this...you invite some friends round for dinner...one is the designated driver...says "I'll only have a couple, I've got to drive later, I'll be under the limit." What do you do??? Most people, after 2 units (which IS the limit), would still be legal to drive...but what if they're particularly susceptible, or on medication? You wouldn't know. What if you're pouring wine into a 175ml glass not a 125ml glass and you don't realise???
FFS - this is ridiculous.
Picture this...you invite some friends round for dinner...one is the designated driver...says "I'll only have a couple, I've got to drive later, I'll be under the limit." What do you do??? Most people, after 2 units (which IS the limit), would still be legal to drive...but what if they're particularly susceptible, or on medication? You wouldn't know. What if you're pouring wine into a 175ml glass not a 125ml glass and you don't realise???
FFS - this is ridiculous.
julianc said:
So is not flashing your headlights to warn other motorists of a speed trap 'failing to prevent a crime'?
Julian
Not at all, in fact if you don't flash your headlights to warn the approaching drivers, you are surely allowing them to continue commiting the heinous crime of speeding, and should therefore be hanged until dead?
havoc said:
I disagree with this emphatically. People are responsible for their OWN actions. While the hosts may have had a MORAL responsibility to their friends and to other road users, they had no legal responsibility.
Picture this...you invite some friends round for dinner...one is the designated driver...says "I'll only have a couple, I've got to drive later, I'll be under the limit." What do you do??? Most people, after 2 units (which IS the limit), would still be legal to drive...but what if they're particularly susceptible, or on medication? You wouldn't know. What if you're pouring wine into a 175ml glass not a 125ml glass and you don't realise???
FFS - this is ridiculous.
Yes. It is the driver's responsibility ALONE to ensure he/she is fit to drive...
Don said:
A landlord can be prosecuted for letting someone drive, so why not a private person?
Agreed ridiculous, but a case in Bristol in 1972 did just that, as the driver flaunted his keys....Publican lost, "failing in his public duty as a license holder" or some such idiocy.... lefty meddlings again....
According to the BBC they have just been cleared. Mainly because the judge viewed them as having already made enough of an attempt to stop the bloke leaving...
It was a five year old survivor's grandmother who brought the case.
So I wonder if the couple will now sue for lost time, damages, tarnishing of their reputation?
They probably should. Don't know if I would in their circumstances though. The grandmother must be in the pits...poor woman.
It was a five year old survivor's grandmother who brought the case.
So I wonder if the couple will now sue for lost time, damages, tarnishing of their reputation?
They probably should. Don't know if I would in their circumstances though. The grandmother must be in the pits...poor woman.
...
I think you have a moral responsibility to prevent your guests leaving whilst drunk and driving.
But there is a big gap between that moral responsibility and a legal responsibility.
Where does the legal trail end?
If I eat a cholestrol heavy sunday roast at your house and have a heart-attack 5 years later, can I sue you for the comtribution you made?
Ridiculous.
The law should stop at the person with whom the direct responsibility lies i.e. in this case the drunk driver.
But there is a big gap between that moral responsibility and a legal responsibility.
Where does the legal trail end?
If I eat a cholestrol heavy sunday roast at your house and have a heart-attack 5 years later, can I sue you for the comtribution you made?
Ridiculous.
The law should stop at the person with whom the direct responsibility lies i.e. in this case the drunk driver.
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