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Should being drunk be a defence to a charge of drink driving?

ShoutingIsLeadership

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Bring drunk can often be successfully used as a defence in court.

If alcohol is a mind-altering substance, rendering one unable to drive properly, then should it be a mitigating factor in drink-drive cases?
 


ruserious

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No. You drink then you accept that your mind will be altered.
 

ShoutingIsLeadership

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Mitigation of sentence is not a defence.
Some judges consider abuse of alcohol an aggravating factor.

It cannot be a mitigating factor for drunk driving. It's certainly not a defence.
Why can't it be a mitigating factor, if it can be in non-drink driving cases?
 

SideysGhost

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Why can't it be a mitigating factor, if it can be in non-drink driving cases?
You'll need to provide evidence that it is seen, by at least one judge, as a mitigating factor in an actual real-live court case before this thread can go anywhere. Never mind demonstrating that any legislation in any country ever allows voluntary drunkenness as an acceptable get-out-of-jail card.
 

GDPR

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Drink is usually considered an aggravating not a mitigating factor.

Well that is in the law bukes of course. If you come from a dacent family and you know the local TD ....
 

stopdoingstuff

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Just say you grew up on the wrong side of the tracks, the side with all the off licences.
 

edg

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Bring drunk can often be successfully used as a defence in court.

If alcohol is a mind-altering substance, rendering one unable to drive properly, then should it be a mitigating factor in drink-drive cases?
Being drunk is a terrible defense for any crime. It rarely works.

If you knew what the effects of alcohol were going to have on you (as in get you drunk) then you knew the risks and proceeded anyway.

Its only really works if you somehow claim you got drunk by accident and didn't notice.
 

The Field Marshal

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Just say you grew up on the wrong side of the tracks, the side with all the off licences.
And be sure never to say you threw up on the wrong side of the tracks, the side with all the off licences.
 

cricket

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Bring drunk can often be successfully used as a defence in court.

If alcohol is a mind-altering substance, rendering one unable to drive properly, then should it be a mitigating factor in drink-drive cases?
Am I missing something here ?
 

Old Mr Grouser

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Bring drunk can often be successfully used as a defence in court.

If alcohol is a mind-altering substance, rendering one unable to drive properly, then should it be a mitigating factor in drink-drive cases?
In the real world 'Being Drunk' is an excellent defence against ever being arrested in the first place.

These last twenty years or so there's been a hell of a rumpus over Deaths in Custody; and since most Deaths in Custody were alcohol-related the police have massively reduced such deaths simply by not arresting Drunk and Incapables.

Nowadays, from what I've seen of it, the Met Police just radio for an ambulance and wait till it comes; meanwhile leaving the drunk in the gutter.

Then, the moment the ambulance pulls up, the police run off.

For example - Case 5 | Bulletin 23 –Response to those believed to be drunk and incapable


[video=youtube;R0HEn_zrAzc]https://www.youtube.com/watch?v=R0HEn_zrAzc[/video]
 

ShoutingIsLeadership

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RasherHash

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Why can't it be a mitigating factor, if it can be in non-drink driving cases?
The pub where the person was served the drink and the producer of the mind altering substance should also share some of the blame.
 


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