American DUI in Canada

[503]

I don’t know, so why?

In Canada - we don‘t have the misdemeanor/felony distinction (though we have something similar) we treat DUI (or impaired driving as we call it) seriously. It’s in the federal criminal code and applies equally across the country.

Because too many important people like politicians, Dr's, lawyers, cops, judges and their kids get them. If it were an automatic felony it would screw over way too many important people.

That's why it's stupid that a DUI and stealing a candy bar from a gas station are the same in terms of criminal offense.

 

[503]

I think it makes sense for the first one to be a misdemeanor and progress to a felony. You don’t want a young dumb kid’s life to be ruined from driving drunk once but a habitual drunk driver? Sure. Innocent people literally die all the time from drunk drivers. I’m really on the fence over the misdemeanor part. Very serious matter

Driving drunk once is all it takes to kill people. Does the first time you do it make it any less dangerous? If it was an automatic felony that couldn't be plead down to a misdemeanor Driving drunk would go away real fast.

 

[JimP]

Every DUI is different. Should the person who is in control of themselves that are just at the limit be punished equal to the blind staggering down drunk? Granted either one can and do cause accidents that are very damaging, but so do those who text and drive. I followed a woman a couple of years ago for over 5 miles as she was texting someone, she was all over the place and at the first opportunity I got around her as she was still looking at her phone punching buttons.

As for kids, you need to throw the fear of God into them before most realize that what they are doing is wrong. Put them behind bars, the iron ones for a night and they just might realize what they do has consequences,

But in the end drunk driving isn't going to go away even if a felony. All they will do is to keep driving until they are locked away for a number of years. Drivers licenses don't mean anything if they are revoked. I knew one person who didn't have a license for over 20 years and it didn't keep him from driving. When he got caught and went before the judge he would just tell him that he'll keep driving.

 

[Wishfulthinker580]

Driving drunk once is all it takes to kill people. Does the first time you do it make it any less dangerous? If it was an automatic felony that couldn't be plead down to a misdemeanor Driving drunk would go away real fast.

That is true. Which is why I said I’m on the fence about the first one being a misdemeanor or a felony.

Maybe I misunderstood your initial post? Maybe you can clarify?

I think it’s safe to say the vast majority of people have been behind the wheel and over the limit at least once in their lives so an automatic felony would be interesting..

As noted above it (along with most things) need to be done on a case by case basis. That’s why we have degrees of offenses in the first place

 

[503]

Driving drunk is bad but I've also worked a million traffic crashes where everyone was sober so I kinda feel like drunk or not most people drive like shit anyway and aren't paying attention half the time.

Anymore duis are just a money grab by the state and lawyers. If you can write a check for 10 grand it goes away pretty fast. That's why a lot of depts at least around my area quit writing them unless you crash or something.

Way too much work for a misdemeanor and all it does is contribute to the lawyers new boat fund.

 

[Wishfulthinker580]

Driving drunk is bad but I've also worked a million traffic crashes where everyone was sober so I kinda feel like drunk or not most people drive like shit anyway and aren't paying attention half the time.

Anymore duis are just a money grab by the state and lawyers. If you can write a check for 10 grand it goes away pretty fast. That's why a lot of depts at least around my area quit writing them unless you crash or something.

Way too much work for a misdemeanor and all it does is contribute to the lawyers new boat fund.

I did understand your first post then. I get being frustrated but being jaded or embittered can be a serious detriment to society. Cops/departments need to do their job. Period. DUIs are a serious matter and need to be addressed. Period. What the judge or DA should not keep a cop from doing their job. Period.

 

[503]

I did understand your first post then. I get being frustrated but being jaded or embittered can be a serious detriment to society. Cops/departments need to do their job. Period. DUIs are a serious matter and need to be addressed. Period.

Well then the courts need to do their job and send people to prison and not plead everything down to misdemeanor bs just because they want money. Period.

 

[Wishfulthinker580]

Well then the courts need to do their job and send people to prison and not plead everything down to misdemeanor bs just because they want money. Period.

You’re exactly right but that’s out of a cop’s control. A person can only do what they can do but they should do it. Period.

 

[503]

I hate to be the bearer of bad news but American law enforcement is in real bad shape. Recruiting is next to impossible, every dept. Is short handed. The job has changed so much is almost undoable anymore. Def. Not what I signed up for in 06. It's sad.

 

[Wishfulthinker580]

I hate to be the bearer of bad news but American law enforcement is in real bad shape. Recruiting is next to impossible, every dept. Is short handed. The job has changed so much is almost undoable anymore. Def. Not what I signed up for in 06. It's sad.

I understand what you’re saying a giving up is not the answer.

 

[503]

Thanks.

 

[Hank2211]

I agree that someone driving a bit over the limit isn’t the same as someone falling down drunk and driving home because they‘re too drunk to walk.

That’s why judges (at least in Canada) have discretion when it comes to sentencing - fines for some, jail for others.

 

[medvedhunting]

there is only one way to learn for an impaired driver because of alcohol, fatigue or drugs and it is not to be nice as we re taling about lives that can be taken ... and it cannot be the nice way.