RE: Bang 'em Up
Friday 21st February 2003

Bang 'em Up

Tougher sentances for falling asleep at the wheel


New stricter jail terms are being recommended by the Government's Sentencing Advisory Panel. They've looked at the sentances dished out to drivers who have been prosecuted for offences such as falling asleep at the wheel or using a mobile phone while driving.

They're recommending that such offences should always carry a custodial sentances. Previously such matters have been considered mitigating factors. The Sentancing Panel want them seen as aggravating factors.

Author
Discussion

jumjum

Original Poster:

347 posts

279 months

Friday 21st February 2003
quotequote all
Thats silly.

Nobody chooses to fall asleep at the wheel.

Real ciminals that choose to commit acts that they know will definatly harm others, burglary, assualt, rape etc are getting silly short sentences or in fact being completely left off.

chickensoup

469 posts

276 months

Friday 21st February 2003
quotequote all
So sir Alex wont get prosecuted for kicking a boot at Beckham (assault in anyones book) but driving off afterwards on the mobile will put him in clink?
World gone mad
Perhaps they could dream up an endorsement scheme for rapists.
Do it once you get 3 points, a child 9, repeat offend & get 12 points you go to gaol.

Would they hang a jump jockey if he uses his mobile in his car on a racecourse?

james

1,362 posts

305 months

Friday 21st February 2003
quotequote all
I believe that the logic goes something like this:

If you're feeling tired, you should pull over and rest. If you fall asleep, you must have been driving while tired.

If you kill somebody because you fell asleep, it's your fault, as you could (and should) have rested when you felt tired.

If you kill somebody through something that you do (deliberate or not) you should be punished.

I drive a long way to work each day. I sometimes feel sleepy while driving. When this happens, I pull over at the next possible place, and have a rest. I usually find that getting out and walking around for a couple of minutes does the trick, although I have been known to have a bit of a sleep. I end up arriving at my destination a bit later, but I arrive (and so does everybody driving around me).

James

v8thunder

27,647 posts

279 months

Friday 21st February 2003
quotequote all
:boring mode on:
As part of my course, I study philosophy and the foundations of law creation. Having compared the likes of Jean-Jacques Rousseau and John Stuart Mill to the current laws we have today, it's quite clear that few, if any are truly ethical, either to enforce the viewpoint of a minority (the government) over a silenced majority (us), or simply to collect revenue (which constitutes a minor invasion of privacy in 'stealth tax' form.)
:boring mode off:
B@STARDS B@STARDS B@STARDS NUMPTY CONTROLFREAK B@STARDS.

DanL

6,569 posts

286 months

Friday 21st February 2003
quotequote all
So burglars shouldn't go to prison, but if I take a call on my mobile whilst driving I should? Nice...

To a certain extent I can see the point, but surely existing law takes care of things - do we really need specific laws against driving whilst on the phone/eating/etc?

Dan

madcop

6,649 posts

284 months

Saturday 22nd February 2003
quotequote all

DanL said: So burglars shouldn't go to prison, but if I take a call on my mobile whilst driving I should? Nice...

To a certain extent I can see the point, but surely existing law takes care of things - do we really need specific laws against driving whilst on the phone/eating/etc?

Dan


You seem to forget that burglars are part of the population that do not care about anything. They have little to lose other than what they have previously stolen from someone else which can be easily replaced by the same means.

You however, are part of the population who must be controlled at all costs and examples made at every possible chance available. You will have a grteat deal to lose by being made an example of, maybe a job, house, mortgage, wife, family car etc. You care about that obviously. That is why punishments such as these are effective on the law abiding sections of society because they do not want the loss of either material goods, relationships and their reputation.

The only reputation a burglar has is amongst his fellow burglars as to how good he is!!!!

jmorgan

36,010 posts

305 months

Saturday 22nd February 2003
quotequote all
If its distractions then what about searchin for that tape that fell under your seat etc. I know its not right but are they trying to target things that are making the news?
How many school run mums/dads have I seen trying to sort out the little darlings rather than concentrating on the job in hand, driving.
And no, I am not a perfect driver.


The only reputation a burglar has is amongst his fellow burglars as to how good he is!!!!

Not getting caught

Superflid

2,254 posts

286 months

Saturday 22nd February 2003
quotequote all
Not sure how "Falling asleep at the wheel" could be proven "beyond reasonable doubt".
If you had the choice of admitting snoozing (and taking a jail sentence) or adamantly sticking to your story of "A cat/dog/squirrel ran out and distracted me", what would you choose?
I know driving while drowsy is dangerous, just curious as to how the evidence could be presented.

dazren

22,612 posts

282 months

Saturday 22nd February 2003
quotequote all
Isn't this a reaction to the prat who flew off a motorway and took out a train a few minutes later killing a number of train passengers? I think the CPS provided evidence the driver had spent most of the previous evening on the Net and had had bugger all sleep in the previous 24 hours.

Interesting how they can develope a law which they can never enforce on the basis they can't prove if a dog ran out etc......

DAZ

Tabs

1,067 posts

293 months

Saturday 22nd February 2003
quotequote all
If a dog runs out you'd leave skid marks, if you doze off you hit something without braking. Incidently, I understand Plod can work out impact speed from length of skid marks; are different methods used if the vehicle had ABS?

james_j

3,996 posts

276 months

Saturday 22nd February 2003
quotequote all
Next time I get in the car, I'd better make sure I don't fall asleep in case I get into trouble.

No matter that I might plough into a truck coming the other way.

Superflid

2,254 posts

286 months

Saturday 22nd February 2003
quotequote all
Who could prove that you hit something without braking due to nodding off?

Could have just swerved to miss a cute little puppy and forgot to brake......

There are plenty of Numpties who quite possibly would do just that.

dazren

22,612 posts

282 months

Saturday 22nd February 2003
quotequote all

Tabs said: If a dog runs out you'd leave skid marks, if you doze off you hit something without braking. Incidently, I understand Plod can work out impact speed from length of skid marks; are different methods used if the vehicle had ABS?

You won't leave skid marks in the wet or if you're a numpty running "long life tyres" that have the characteristics of running on plastic rather than rubber.

DAZ

Mr2Mike

20,143 posts

276 months

Monday 24th February 2003
quotequote all

Tabs said: If a dog runs out you'd leave skid marks, if you doze off you hit something without braking. Incidently, I understand Plod can work out impact speed from length of skid marks; are different methods used if the vehicle had ABS?


They can take a wild guessimate at best.
We had a copper come to a physics class when I was at school and explain the technique. After almost evey pupil had pointed out various flaws in the technique he admitted it was not overly accurate and was only used to try and build up a picture of events.

Imagine a car pulling out of a side road just in front of you. You slam on, lock up and milliseconds later hit the side of the car. To calculate the speed of the car, not only would you need to get the length of the skid marks and the frictional coefficients for the particiular tyre/road surface but also how much force it took to crumple the front of your car/side of the other car and the total length of crumpled bodywork. The amount of assumptions and estimates that need to be made in doing this means the accuracy of the result is always in some doubt.

Richard C

1,685 posts

278 months

Monday 24th February 2003
quotequote all
Well some police can't make up their minds about this. Drove back from Bournemouth home - 250 miles - from Sunseeker Rally having dropped through gearbox failure in rally car. No available hotel rooms to stay in Bournemouth. Feeling rather tired by midnight decided to have a doze in layby at Stroud just before M5. Woken up after 20 mins by plod banging on the window - are you all right sir ???? - explained situtaion - aaaahhh very sensible sir - have a safe trip. FFS - OK, Was I upside down in the carriageway??? or perhaps vertically up a bank ? Nooo ! apart from the crystal clarity that the adrenaline rush gave for the next 50 miles why could I not have had another 20 mins decent sleep.

So you are banged up if you fall asleep and given the sleep deprivation treatment if you try to do something responsible about it.

rich-uk

1,431 posts

277 months

Tuesday 25th February 2003
quotequote all
You may have been taken ill and decided to pull over, they were probably only trying to help (can't beleive i'm sticking up for the Police *)

As for people that drive when they shouldn't through drunk/sleep deprivation, they should be hit on the head with a length of 2x4 with a nail in the end.


* And yes, I know some nice ones myself, but while it's not the individual officers fault, they are pretty much useless these days, unless you get murdered, then it's a bit too late..