Attorney Michael de Broglio on: South Africa, Law, Politics, Attorneys, Sport, Photography, Technology, Gadgets, Media, Crime, Road Accidents Fund,
Divorce, Maintenance, Personal Injury, Medical Negligence
I was reading an article about the current governor of Texas, Rick Perry, who tried to get the Head Prosecutor in Texas to resign because of the fact that she was caught drunk driving. By the way, in her case of drunk driving she was seated in the passenger seat in a stationary car in a church parking area, where she was drinking by herself, so she was not driving at the time. The article related to some political intrigue and how he is now being charged with certain offences relating to action he took against the Prosecutor’s office in an effort to get the lady to resign, which she did not.
The part that I found so interesting though was the very fact that she went to jail for 45 days for this offence! I know that many countries have stricter laws than ours and I decided to read up on the rules in that particular State in America only to discover that if anybody under the age of 21 is found with any alcohol in their blood, because they are not allowed to drink younger than 21 in most States in America, you are automatically found guilty of driving under the influence – regardless of whether you’ve had half a glass of wine or five glasses – as long as there is alcohol in your blood, and you are under 21, you are guilty. For adults the limit is 0,08, but what is interesting is that for the first offence there is a minimum sentence of three days in jail and up to 180 days in jail and for second and third offences the time period is of course much longer. You also get a penalty as well as your licence suspended for a period between 90 to 365 days. A second offence has a minimum of 30 days in jail up to one year and on your third offence you get a two year jail sentence. That explains the 45 days the prosecutor got in jail for her first offence. When you have laws like that people will of course be forced to take a much more serious approach to drunk driving and arrange taxi’s or friends to give them a lift when they do wish to drink and no doubt that is yet another reason why countries like this have far lower death tolls on their roads than South Africa has, relative to the population size. I don’t think it is the kind of law that will find favour with most people here, because we are used to be treated in a much softer, more gentle way (which leads to far more accidents) but it is something we should consider if we are serious about bringing down the death toll in South Africa because as long as everybody knows that you are more than likely going to get a fine, it is not as terrible a deterrent as a guaranteed time in jail for exceeding the limits once.
Posted by Michael de Broglio on Monday 01-Sep-14
Post a Comment
Comments
Nicky said:
on Friday 05-Sep-14 04:54 PM
The striccter sentences might have worked in other countries but Idon't think that stricter sentences will have an effect on drunken driving in South Africa because the problem in South Africa starts with the imposing of the sanctions.
As south Africans everybody knows that all you have to do is bribe a police official and you're off the hook. So it doesn't matter how strict the sentences are if people aren't even scared of the sentence being imposed.
The only solution is to sort out corruption and bribery and that way South Africans will be more compliant to laws-even the ones with smaller sentences.
Brenda said:
on Thursday 04-Sep-14 04:55 PM
This is definitely something that will be great if implemented in South Africa. I know of a few people who need to have some jail time for this exact reason. No mercy for those who drive while drunk.
Jade said:
on Thursday 04-Sep-14 04:46 PM
There are some great companies out there that offer lifts and drivers for when you have a fun night out. I have a membership with Goodfellas. They send a car with a driver who drives your car while the other car follows. It's not worth driving drunk when there are options available to you and the consequences such as not getting admitted as an attorney or even worse, hurting someone else are just not worth it.
I don't think stricter laws would help, because as Alexis said, people pay their way out of fines/ or the police lose evidence etc. The implementation of the system needs to change not the laws themselves.
kaylee said:
on Tuesday 02-Sep-14 12:25 PM
Guess there is no place for car bars in the States. But on a serious note, I really do think we need stricter laws. I have however noticed an increase in road blocks over the weekends and public holidays and I have heard of a number of people getting arrested for drinking and driving, not sure of the outcome though and perhaps there is never really any jail time done by the offender. I really worry about accidents that drunk drivers cause, as innocent parties are injured or worse die as a result of other peoples negligence. Let's be honest even after one or two drinks you really shouldn't be on the road. I generally use UBER taxi's if we go out on the weekend. Its a fantastic app and it makes sure everyone gets home ok, even if its just one or two drinks.
Angelique said:
on Tuesday 02-Sep-14 08:47 AM
Stricter laws and better law enforcement is the order of the day, while I'm at it how about new government? Things will always be easy for criminals and drunken drivers as long as corruption is still an issue. People get away with murder - I have seen it with RAF claims. An innocent guy leg gets amputated because of a drunken driver who admits fault but gets a slap on her hand because she is from Russia and there is no translator available each and every time it goes to court. She admits guilt, she can understand English but its her right to get a translator and suddenly there are no translators in South Africa and the case eventually gets closed. I really hate to put a dampen on things but its the truth - we need a better government to sort out many issues and one of those would be law enforcement with drunken drivers!
Brenda Du Toit said:
on Tuesday 02-Sep-14 08:38 AM
I think Drinking and Driving is not safe for you and people around you .If a person is going to party make a person drop you off at the party and fetch you .Its save for you and the people around you
Clare said:
on Monday 01-Sep-14 11:01 AM
If a person is going to party make a person drop you off at the party and fetch you, Out Insurance gives you these serves of transport. Drink and driving can take a life or even cause people to be disabled, Why don't people think??
Melissa said:
on Monday 01-Sep-14 10:05 AM
Don't drink and drive because you can put other peoples lives in danger. If you are getting behind a steering wheel while you are intoxicated then you are selfish and only thinking about yourself and not about the peoples lives you are putting in danger.
Lucretia said:
on Monday 01-Sep-14 09:05 AM
I am in complete agreement with stricter sentences. I loath the fact that it is always the innocent people who become victims. I was married to an alcoholic who put innocent peoples lives in danger every time he got behind the wheel. We are a group of friends and there is always a designated driver elected before we go out. This comes with maturity.
Alexis said:
on Monday 01-Sep-14 08:55 AM
There is no just getting a fine in SA, they take you to jail and you stay over night until such time as you can appear in court in order to be sentenced. However, you can make the case go away by paying somebody, or the matter gets postponed a number of times, things tend to go missing and you get off on a technicality. Or you do go to court and all is in order, you will pay a fine and get a sentence against your name, if you are caught again within the time period of your sentence, then you will go to jail.
Johannesburg based attorney specializing in personal injury matters including Road Accident Fund claims and medical negligence matters. My interests include golf, reading and the internet and the way it is constantly developing. I have a passion for life and a desire for less stress!