Tuesday, May 22, 2007

Banned

Monday 21st March 07 2:05am

Recently i sent out an SMS to my friends asking their views on whether they think a mandatory life ban from driving for all convicted Drink Drivers is a good way to curb and maybe solve this very real threat on our shores. Many replied and a majority of them feels that a life time ban is too harsh. They have instead suggested a driving ban of 10 years, and if convicted of the same offence again, then the lifetime ban from driving be imposed.

Some have even gone as far as saying they should look at punishments on a case to case basis. As one friend told me, and i quote "they should not take away the licence of the driver who is just trying to get home after drinking".

Others have gone as far as agree that the current driving ban of at least 12 months for convicted drink drivers is insufficent, as after the ban, they can still retake their licence and be a danger on the roads all over again.

In recent reports, former TV host Benedict Goh was arrested not once but TWICE for drink driving. The important thing to note is that even though he was caught the first time in 2004, he was NOT charged nor was his licence suspended. And here i thought that when you are caught drink driving it should be a very clear cut offence and charged accordingly. It's now already 2007. He was caught AGAIN this year, for the SAME offence.

More recently, there was a businessman who was arrested THREE times for the SAME offence. He obviously had not learnt his lesson. The judge in this case finally had enough of him and banned him for life from driving any sort of vehical. As the judge correctly put it, a driving licence is a privileage given, not a right.

And so this brings me to my point. You charge a person with drink driving once, you ban him for 12 months. on the 18th month, he gets his licence again and goes back on the roads. after a few days, he drinks and drives again. He is not caught for the next 12 months and finally, this time he hits something on the roads while drink driving. He is charged again and banned from driving for 24 months. On the 30th month, he gets back his licence and returns to the road. He continues his drink driving. This time, he causes a death. The judge this times bans him for life from driving.

Is it too late then? a life has been lost. No amount of punishment will bring the innocent life back.

When is it too much? When is it "fair" to impose the lifetime driving ban?

After all the messages and roadshows that have been given out, the reports and news, warnings and what nots, people STILL chooses to drink and drive. When is it "fair" to take away their licence for life? When they kill someone? when they continue to be a danger on the roads after the first conviction? Taking into account, they have disregarded their own and other people's lives in the FIRST instance by choosing to drink and drive?

What i am saying is, when you have been warned repeatedly, shown how other people have been punished and what the aftermath of those inconsiderate actions are and you STILL choose to do it anyway and you are caught, you still want to be let off with a light sentence? You still expect to be treated "fairly"?

Let us, for the sake of argument say that ok, you still deserve a chance to drive on the roads, after all, you did not kill anyone right? ok, so how long a driving ban will make you think twice about drink driving?

5 years? 10 Years? do you think that will sting you enough? scare you enough to stop you from drink driving?

In Singapore, newly graduated drivers are required by law to display a probationary plate while they are driving. Failure to do so will result in a fine when they are caught the first time. Once they are caught the second time, their licences will be revoked.

Maybe we can have the same system for drink drivers? You get caught once, the current penalty will apply, up to SGD$5,000(?) in fines, up to a certain jail time and at least 12 months ban from driving. This will earn you a record, for LIFE, no less, that you have been caught before for drink driving. If you are caught ever again, then your licence will be gone forever.

Do you think this will work?

Personally, i don't think so. Why? the reasoning is simple. A responsible driver will NEVER ever think of drink driving. Never. So if the person has been caught once, there will be a chance he/she will drink and drive again. Once again, if this time round the driver kills someone, is it then fair to take away his/her licence for life?

Closer to home, take the case of my brother. He was caught driving without a licence. He was banned from driving for 12 months. After that, he could go and retake his licence again. I could not help but wonder if, before this, the law has already stated that those who are ever caught for driving without a licence will have this privileage taken away for life, would he had had the guts to go and drive without a licence in the first place?

At the end of the day, i suppose, as with any form of deterrent punishment, the penalty awarded should at the very least sting and really make the person wake up, or better yet, never attempt to do it in the first place. Much like any person caught with a certain amount of drugs will be given captial punishment. Without a doubt, the death penalty has deterred many would-be traffickers from doing this very evil trade.

Most drivers drive for a reason, be it for work or personal commitments. Therefore, a revocation of the drivers licence will take away the convinece and some might even lose their means of livehood should that happen.

Why then do people still take the risk for their life and worse, others?

In all fairness, i do not think the law is out to get anyone, it's just there to protect the innocent party and lives as a whole.

My brother got very worked up and very animated with his body and hands saying "i totally disagree!!! It's not fair!!!!" when i posed him the question of the life ban.

After which i told him.

If you think it's not fair, then don't commit the offence at all, then it would never happen to you, right?

EarlGrey

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