Go Back   Team-BHP > Buckle Up > Street Experiences


Reply
 
Thread Tools Search this Thread
Old 2nd November 2012, 13:09   #16
BHPian
 
Join Date: Aug 2012
Location: hyderabad
Posts: 52
Thanked: 40 Times
Default Re: NEWS: Woman driver sentenced to 5 years in prison in drunk driving case

glad to see that many people share my view that the punishment wasn't sufficient.

the point of punishment is that the guilty party learns the hardship and suffering caused by their crime.
like some else has pointed out. 5 years if it will be treated as 2.5 years(day night) and if one is clever enough and wealthy enough they can spend the time in quite a lot of comfort. add to it time taken off for good behavior and festivals etc etc the guilty can come out in less than half the time( lawyers correct me)

however this does nothing to educate the public. i recall a thread by fellow bhpian where he tried to the right thing after an accident only be at the receiving end of threats by the accused's family the police were non-cooperative too.

the sum of 5 lakh is nothing i mean nothing to someone who owns a 20lakh rupee car and it is made sadder by the fact that the fine imposed is probably not even half the cost of the legal expenses and damage to her car.

this seems to be a case of accused punished but justice not served.
but the optimist in me is happy that baby steps are being taken to right these wrongs.
harshaguduru is offline   Reply With Quote
Old 2nd November 2012, 13:17   #17
Senior - BHPian
 
Join Date: Mar 2006
Location: mumbai
Posts: 1,945
Thanked: 1,879 Times
Default Re: NEWS: Woman driver sentenced to 5 years in prison in drunk driving case

Well atleast a trend has started, where in the accused are made to pay for their crime. Getting drunk/high on drugs and then driving is pure voluntary voliation of the law and a crime against humanity. One cannot argue, I didnt know I would drive after I got drunk, or I had very little etc etc.

You drink and drive, you go to prison (hopefully for a long time) and god forbid if you hurt others, you recieve compounded fines and prison terms. I do hope our law turns up into this. Ideally mowing down people and getting alcohol positive should be a NON bailable offense. Currently it is a bailable one, hence this shameless woman was scot free for 3 years after getting bail within 2 months.

I believe we must look closely at th Arab concept of blood money to rein in these irresponsible drunks
apachelongbow is offline   Reply With Quote
Old 2nd November 2012, 13:24   #18
BHPian
 
Visaster's Avatar
 
Join Date: Sep 2009
Location: Chennai
Posts: 575
Thanked: 199 Times
Default Re: NEWS: Woman driver sentenced to 5 years in prison in drunk driving case

Its a good thing the severity of punishment got this high. But I doubt how serious the law going to stay after having her behind bars for not more than 6months. By then all the hype will die down and they will apply for bail and then they will be scouting free.

Our India law is as pardonable as every Indian's mind. We are not people who can stick to a decision or rule... "Chalta hi" attitude is an endemic in our country on which many people are thriving.

Correct me if wrong, I have heard that in Mumbai cops are very strict in checking for drunken driving. You just cant get home DD in Mumbai is what I thought.

May the dead persons soul RIP.
Visaster is offline   Reply With Quote
Old 2nd November 2012, 13:49   #19
Senior - BHPian
 
anujmishra's Avatar
 
Join Date: Jun 2008
Location: Bangalore
Posts: 1,270
Thanked: 333 Times
Default Re: NEWS: Woman driver sentenced to 5 years in prison in drunk driving case

There are many such cases pending at courts. Many of them involved famous personalities. One of them is a star of continous hits, who mowed down many during wee hours. Another case involved Sanjeev Nanda. However, court fined Rs. 50 lakh in this case.

Recently, a SUV (Fortuner) driven by women mowed down 1 person in Bangalore.
I welcome such judgement as this will help people to deter from drunken driving. I feel 5 years is Ok in this case as per court of law.
anujmishra is offline   Reply With Quote
Old 2nd November 2012, 14:45   #20
Senior - BHPian
 
selfdrive's Avatar
 
Join Date: Apr 2010
Location: Pune
Posts: 2,607
Thanked: 1,855 Times
Default Re: Woman driver sentenced to 5 years in prison in drunk driving case

Somebody correctly said such cases should be treated as attempt to murder. If not outright manslaughter.
It is high time that drunk driving is dealt with seriously. After all so many drivers on our highways are drunk, and we never know what actually causes so many accidents.

Quote:
Originally Posted by samarjitdhar View Post
Sure the relatives and family members of the accused suffer needlessly but then should that be a reason for leniency? By that logic we should then release Kasab and let him go back to his family in Pakistan.
I think he himself will file a case against any such proposal. He may not get good food there, correct?
selfdrive is offline   Reply With Quote
Old 2nd November 2012, 21:48   #21
Senior - BHPian
 
Join Date: Apr 2007
Location: Chicagoland
Posts: 1,494
Thanked: 431 Times
Default Re: Woman driver sentenced to 5 years in prison in drunk driving case

Good start by the court. Now future offenders at least face a minimum of 5 years in prison as a example punishment. However I also think that taking a life by knowingly driving when you are not in a condition to drive needs a stronger punishment. Maybe 10 years or 15 years and of course far more financial penalty. Like half of your current assets to be distributed to the deceased (that will keep the super rich also from attempting to drink drive). A fixed penalty of 5-10 lakhs will not deter the folks with 100's of crores of wealth. Anyway, a step in the right direction, now there should not be easy bails and escape from the punishment.
vineethvazhayil is offline   Reply With Quote
Old 2nd November 2012, 21:50   #22
BHPian
 
Join Date: Sep 2012
Location: Chennai
Posts: 155
Thanked: 30 Times
Default

This is indeed a welcome judgement by the court! Reading this at least 50% of the people who drink would stop the drink and drive concept. More and more cases which are pending should be sorted out like this case.

It's high time citizens life in our country is given high importance and charges are booked onto a careless driver.
zwift1819 is offline   Reply With Quote
Old 3rd November 2012, 00:47   #23
Newbie
 
Join Date: Oct 2012
Location: Vadodara
Posts: 16
Thanked: 3 Times
Default Re: Woman driver sentenced to 5 years in prison in drunk driving case

I totally agree with the honourable Court and welcome this decision . She should have known better. This decision should (I think it will) send a right/bold message across. People will think twice before getting behind the wheel, drunk or under the influence.

I mean how hard it is to call a taxi or ask a sober friend to drive you home .
raj.singh is offline   Reply With Quote
Old 3rd November 2012, 07:30   #24
Team-BHP Support
 
noopster's Avatar
 
Join Date: Feb 2010
Location: Pune
Posts: 8,625
Thanked: 9,096 Times
Default Re: Woman driver sentenced to 5 years in prison in drunk driving case

I am glad that a start has been made at some level, even though it may not be the film star, Admiral's grandson or any other high-profile drunk driver.

5 years in an Indian prison seems pretty high to me. Just googled up some information on what the corresponding sentence might be in the US:
Quote:
Originally Posted by expertlaw.com


What If I Injure Or Kill Someone While Driving Drunk?

This is a very real possibility - drunk drivers cause a lot of accidents. Many states make it a felony offense to cause a serious bodily injury as the result of a drunk driving accident. Many states also have specific felony statutes for "drunk driving causing death" - where, if the state can prove that the driver's intoxication was the cause of an accident, the driver can face a very long prison term. Drunk driving causing death can also result in manslaughter or "second degree murder" prosecution.

If you injure or kill somebody, you will also most likely be sued by that person or his family. You should note that damages you cause to people as a result of drunkenness are not dischargeable in bankruptcy. You should also be aware that some states will not allow you to have a driver's license until you satisfy (i.e., pay off) a judgment against you, for injuries you cause in an automobile accident.
The latter option is not really available to an ordinary citizen of this country.

Last edited by noopster : 3rd November 2012 at 07:32.
noopster is offline   Reply With Quote
Old 3rd November 2012, 08:12   #25
BHPian
 
hrman's Avatar
 
Join Date: Jun 2006
Location: Bangalore
Posts: 875
Thanked: 296 Times
Default Re: Woman driver sentenced to 5 years in prison in drunk driving case

Nice to see justice being meted to the guilty. Drunk driving and causing death should be tantamount to Murder under sections 300 and related of IPC and should be treated accordingly.

Yes, as everyone has stated, the Rich and famous will get away with loopholes in the law. The famous actor/ drunk driver/ black buck killer is still roaming freely. Would we have been spared if it was one of us?

Does anyone remember the son of "Jaani"-very very famous and much mimicked Bollywood actor in 1993? He mowed down several pavement dwellers, killing three and crippling one. The magistrate imposed a fine of Rs 30.000 and let him go. A carpenter who lost his limbs and livelihood recieved Rs 500/- as compensation.

The law surely needs to be made more stringent.

Last edited by hrman : 3rd November 2012 at 08:13.
hrman is offline   (1) Thanks Reply With Quote
Old 4th November 2012, 00:41   #26
BHPian
 
Join Date: Oct 2011
Location: mumbai
Posts: 450
Thanked: 181 Times
Default Re: NEWS: Woman driver sentenced to 5 years in prison in drunk driving case

Quote:
Originally Posted by Saanil View Post
This is probably off topic but what exactly happened in the Film star's case - I guess that happened in Bandra? Was he acquitted or the case is still going on? I have to admit that I did not even remember this case until it was brought up by some one above.
Saanil/Hrman
Hi
The case is still going on after 10 years.It was reported that the police are going easy and not too keen to conclude the case.

If you want a bit more of travesty of justice:around 18 years back Puru Rajkumar killed 3 people and injured a few more.(I dont remember if he was drunk nor was it such a major issue)He was let off on bail of rs 950 within a few hours.After meandering through our courts he was asked to pay rs 30000(thirty thousand)to the families of the persons killed and rs 500(five hundred) to the injured.One of the injured had lost both his legs and so his livelihood.
The comment of the judge was that as he is a young person and to punish him more severly would affect his career.
Regards

Last edited by faustus77 : 4th November 2012 at 00:44.
faustus77 is offline   Reply With Quote
Old 9th November 2012, 23:23   #27
BHPian
 
Join Date: Aug 2007
Location: pune
Posts: 25
Thanked: 9 Times
Default Re: NEWS: Woman driver sentenced to 5 years in prison in drunk driving case

Quote:
Originally Posted by alpha1 View Post
I can't pass judgement on the court's decision - but isn't there any way to project such accidents as attempt to murder?

In fact to call this horrendous act an accident is WRONG.
You drink, you take drugs, you are high - and then you drive!
What is accidental in this?

IPC says
299. Culpable homicide.- Whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide.


300. Murder.- Except in the cases hereinafter excepted, culpable homicide is murder, if the act by which the death is caused is done with the intention of causing death, or--


Secondly.--If it is done with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused, or--

Thirdly.--If it is done with the intention of causing bodily injury to any person and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death, or--

Fourthly.--If the person committing the act knows that it is so imminently dangerous that it must, in all probability, cause death or such bodily injury as is likely to cause death, and commits such act without any excuse for incurring the risk of causing death or such injury as aforesaid.


304A. Causing death by negligence.
-Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both
trakesht is offline   Reply With Quote
Old 12th November 2012, 11:09   #28
Senior - BHPian
 
alpha1's Avatar
 
Join Date: Apr 2007
Location: P00NA
Posts: 1,613
Thanked: 949 Times
Default Re: NEWS: Woman driver sentenced to 5 years in prison in drunk driving case

Quote:
Originally Posted by trakesht View Post
IPC says
299. Culpable homicide.- Whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide.


300. Murder.- Except in the cases hereinafter excepted, culpable homicide is murder, if the act by which the death is caused is done with the intention of causing death, or--


Secondly.--If it is done with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused, or--

Thirdly.--If it is done with the intention of causing bodily injury to any person and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death, or--

Fourthly.--If the person committing the act knows that it is so imminently dangerous that it must, in all probability, cause death or such bodily injury as is likely to cause death, and commits such act without any excuse for incurring the risk of causing death or such injury as aforesaid.


304A. Causing death by negligence.
-Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both
Please excuse me, but I didn't get your intention behind quoting the IPC laws.
My point was simple:
When someone drinks consciously, and THEN drives - he knows very well that it will lead to accident and grave injury to other party.

Anyway the bold part of your post does indeed say that.
So why can't we implement the law?

And of course, there is no "negligence" angle in a drunken driving!

Last edited by alpha1 : 12th November 2012 at 11:10.
alpha1 is offline   Reply With Quote
Old 12th November 2012, 11:43   #29
BHPian
 
Join Date: Jul 2012
Location: Ahmedabad
Posts: 60
Thanked: 28 Times
Default Re: Woman driver sentenced to 5 years in prison in drunk driving case

Quote:
Originally Posted by apachelongbow View Post
You drink and drive, you go to prison (hopefully for a long time) and god forbid if you hurt others, you recieve compounded fines and prison terms. I do hope our law turns up into this. Ideally mowing down people and getting alcohol positive should be a NON bailable offense. Currently it is a bailable one, hence this shameless woman was scot free for 3 years after getting bail within 2 months.

I believe we must look closely at th Arab concept of blood money to rein in these irresponsible drunks
Rightly said. For the same offence in USA she would have ended up spending the remaining of her life in jail.

Quote:
Originally Posted by vineethvazhayil View Post
However I also think that taking a life by knowingly driving when you are not in a condition to drive needs a stronger punishment. Maybe 10 years or 15 years and of course far more financial penalty. Like half of your current assets to be distributed to the deceased (that will keep the super rich also from attempting to drink drive). A fixed penalty of 5-10 lakhs will not deter the folks with 100's of crores of wealth. Anyway, a step in the right direction, now there should not be easy bails and escape from the punishment.
Yes, a minimum of 20 years and that too rigorous imprisonment, like we see in old movies is necessary. Mere financial liabilities would not deter the rich idiots. They would just keep doling out cash. Although I have no sympathy for this lady driver, I believe she lacked the necessary "grease" unlike the film star and the admiral's grandson, and hence ended up in jail.

Quote:
Originally Posted by faustus77 View Post
The comment of the judge was that as he is a young person and to punish him more severly would affect his career.
Regards
This is the most stupid comment to be expected from a judge. With all due respect to legal community, this judge needs to be thrown in along with the offender.
PranavDesai is offline   Reply With Quote
Old 13th January 2015, 13:20   #30
BHPian
 
Join Date: Sep 2013
Location: Hyderabad
Posts: 959
Thanked: 428 Times
Default Re: Woman driver sentenced to 5 years in prison in drunk driving case

Reviving an old thread as I read the following from TOI

Source link: http://timesofindia.indiatimes.com/c...w/45832006.cms

Quote:
Date: January 7, 2015
Time: 11.30 pm
Place: Jubilee Hills
On the driver's seat: A 23-year-old lady
Breath analyzer reading for alcohol: 131 mg

The incident of a woman caught drunken driving on Wednesday night is the first case of the year, apart from the one at Alwal when a woman was caught driving drunk. While G Aruna Shastri, the 42-year-old entrepreneur was caught after she rammed her car into two other cars and a bike and injured another person, as she drove under the influence of alcohol (170 mg), the 23-year-old woman was caught during a routine check. The breath analyzer recorded 131 mg (permissible limit is 30 mg of alcohol in 100 ml of breath). "We booked a case and seized her vehicle. This is the first case this year of women driving drunk," a traffic department official said. "Last year we had 14 cases against women," said an official, who maintains database at the department.
"Started in November 2011, the enforcement against drunken driving aims to put a check on such cases. Apart from traffic police, the Law and Order department also registers some cases against women for drunk driving. But yes, the number of women driving under the influence of alcohol is on the rise."
The perception that women drivers are not checked by cops or are let off easily does not hold true anymore. "We are strict," says Srinivas from the traffic department. "We don't see if it's a woman or a man in the driver's seat. If someone is driving while drunk, we take action. It's only because we have been strict that we have noticed a rise in cases of women drunken driving."
Agreeing with the traffic official, Mamta* shares an incident when her friend was caught for drunken driving and the cops would just not let her go. "We were at a friend's place in Banjara Hills and we had to head to Secunderabad after that. My friend had a peg or two and we left after half an hour. At 10 pm, she was driving and I though she was sober. But we were stopped by cops near Begumpet and she took the test and had more alcohol than the permissible limit in her breath. We pleaded with the cops, but they didn't budge and took away the keys. A friend had to pick us up and my friend had to go for counselling with the cops and pay the fine."
Incidentally, most women caught driving drunk are in the age group of 25-30. "They are all professionals or students, and get caught between 9.30 pm and 1.30 am. People think it is cool to drive when drunk. What we say is there is nothing wrong in drinking, but not when you have to drive after that. And most of the women caught are well educated, so they must know that it is wrong to drive when you are drunk," says Srinivas.
However women caught for drunken driving has not been imprisoned while men have been. "Women don't usually drink much. So, rarely does the reading goes higher than 100 mg. So, they are sent for counselling and a fine of ` 2,000," informs another traffic official.
JoseVijay is offline   (2) Thanks Reply With Quote
Reply


Thread Tools Search this Thread
Search this Thread:

Advanced Search


Similar Threads
Thread Thread Starter Forum Replies Last Post
The Delhi Bus Rape Case. UPDATE: Ram Singh Suicide, 4 others sentenced to death CaliAtenza Shifting gears 937 25th August 2015 21:36
Woman stops car to save ducks. Bike hits car, woman found guilty vasoo The International Automotive Scene 14 15th July 2014 17:37
Sanjay Dutt gets 6 years of prison: Update 20 Aug: Now granted Bail kkr2k2 Shifting gears 176 17th April 2013 12:36
another case of drunk driving speedsatya Street Experiences 32 12th December 2005 07:04


All times are GMT +5.5. The time now is 02:58.

Copyright 2000 - 2017, Team-BHP.com
Proudly powered by E2E Networks