The investigations that follow every fatal road accident are quite clear. In the overwhelming number of cases the driver involved was affected by alcohol or drugs - and in many cases - both ! What is also abundantly clear is that these fatal car crashes involve people who are heavily intoxicated.
What causes a problem for most magistrates is dealing with people who find themselves in trouble with the law because they have managed to slightly exceed the .05 blood/alcohol limit - and that is so easy to do. Not so long ago, the driving law was set at .08 and this allowed a reasonable person to share a bottle of wine with another over a meal. The decision to drop .08 to .05 meant the end of celebrating a spouse's birthday in that manner - in fact it almost made attending a wedding, Christmas party or any social event at which alcohol was served a driving license hazard.
Losing the right to drive has hideous repercussions for most people. In many cases it means the end of a job. In areas lacking any form of public transport the car is the only way of getting the kids to school. The judiciary weight up the factors and judge that against the previous good behaviour of those standing before them - and as a result what is called a " section 10 order " is often served.
Section 10 basically accepts the merit of the charge, but dismisses punishment, leaving the person with a retained license and no loss of demerit points. It is now proposed that the judiciary have the option of awarding a " Good Behaviour License " verdict in place of this Section 10 option.
A Good Behaviour License is a form of bond for a period of six months for a low range charge, or for twelve months if a mid range is involved. During that period, if there is a further drink violation the driving license is automatically cancelled for a much longer period.
This change will be heavily criticised by the fanatical anti-drink element, but there is no sense in turning a slight lapse of judgement into a " hanging offence ". There will always be good citizens who find themselves slightly over .05 on the rarest of occasions - and who deserve a little mercy.
There is also a public benefit. Desperate situations drive desperate people to take desperate measures. When loss of a license imposes an impossible scenario, some people are driven to drive unlicensed - and that negates all sorts of insurance cover that protects other citizens.
At least the use of " Good behaviour licenses " leave an option open - rather than imposing a " one size fits all " solution to what is often a simple, social problem !
The difference is - a Section 10 expunges all record of the crime from the records. By contrast, a Good Behaviour license remains on the books - and is invoked to be taken into sentencing consideration should that driver re-offend.
A much fairer outcome !
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