Police/media Overstepping The Line

[Einstein]

IMO if you get in the car with a drunk driver you are an idiot and the driver shouldn't be responsibility, voluntary assumption of risk.

Criminal might be different. f**ks me.

friends dont let friends drink and drive

remember those ads?

if your mate is trashed and you've tried to advise him against driving and he goes anyway, you've done your bit. You can't legally hold them against their will

sucks, but them's the rules

[wonkynutz]

I think you'll find that you could hold them against their will. It's legal to prevent someone committing a criminal offence isn't it?

[Konrad]

Dynamix: JD wasn't driving. I swear they reported that he was but todays article said he wasn't.

Konrad: I don't know. In civil law (negligence) you wouldn't be found guilty as you assumed the risk of getting into a car with a drunk driver.

IMO if you get in the car with a drunk driver you are an idiot and the driver shouldn't be responsibility, voluntary assumption of risk.

Criminal might be different. f**ks me.

a driver has a duty of care to the other occupants of the car..

say you were on a cruise ship and the captain was a drunk and rammed into a container ship, would it be your fault for getting on board in the first place?

[Midol]

If you are aware of his drinking then yes.

One of the defences of negligence is voluntry assumption of risk. Like I said, I don't know about criminal but in civil entering a car with a drunk driver and you know he is drunk then you won't win.

http://sblegal.industry.gov.au/relevantleg...egalissueid=144

I don't let my friends drink and drive. I live about 20 minutes from them up on the edge of the blackall ranges, its a dangerous drive and drunk you'd pretty much be screwed. There is a crash on the road up every few days.

Edited November 21, 2006 by Midol

[85URK]

Sitting here listening to the radio, and they just had a report about the tripple fatality from the sunshine coast last week or over the weekend or something (they didn't go into much detail about it) but now they're whinging that there's people doing "burnouts" and "spinning their wheels" nearby, and they are now labelling 'hoons' as 'murderers' (in their own words)

What

The

F*#$?

its bcoz where the accident happened was in a residential street, and i dont disagree with ppl going to the crash site, but doing burnouts is no way to pay tribute to there dead friends IMO. i think its a shame....

[666DAN]

yeah this is old news... so were a facet of society targetted by the media? get over it, thats what the media does,

some other faves;

-refugees

-knocked up teenagers

-junkies

-conmen

-arabs/lebs

not to speculate on the above incident but if i had people in the car and was more than a bit over the limit (in either speed/ alcohol and had something go wrong i'd label it as manslaughter, the driver is in control and assumes responsibility for everyone in the car regardless of the passengers gettin in on their own free will.

"Next on Today Tonight, A refugee arabic conman gets knocked-up to pay for drug addiction, while chucking skids"

[AzzurrA]

its bcoz where the accident happened was in a residential street, and i dont disagree with ppl going to the crash site, but doing burnouts is no way to pay tribute to there dead friends IMO. i think its a shame....

oh, i agree with you....

the point i'm trying to make, and that people here seem to be missing... is that the media aren't labelling the DRIVER as a murderer, they're labelling ALL car enthusiasts/hoons as MURDERERS

[The Dan]

I wish I had time to hoon.

[Einstein]

I think you'll find that you could hold them against their will. It's legal to prevent someone committing a criminal offence isn't it?

if they're sober enough to remember and they press charges, they'll win =P

[D-limo]

I know he was speeding, just 200kph - can you even get to that speed on karrawatha(SP) drive... It is long but no one would go that quick down it.

Yeah 200kph is pushing it.... alot

really sad loss of life

[Nismo_Boy]

Ok, here is some more info for you to ponder over.

There was a 5th passenger, young girl who got out before this happened. It’s lead to believe the speed was around 160kph.

The reason being they were chasing a black WRX. The owner of the WRX apparently hit/abused/assaulted one of the girls in the car.

I guess more will be known when the Police finish with the 5th girl, and get a chance to talk to the girl in hospital (if she pulls through).

[SilverECR33]

That's OK I label most people as dickheads, people behind the above mentioned comments fall into that category. The media is fuelled by misinformation and scare tactics with EVERY facet of life, they even dug under every rock they could find to get hold of a drug addict that had his life ruined by experimenting one schoolies lol, yeah I'm sure it was one event that turned his life to shit.

The media always finds an easy scapegoat to blame all problems on...car enthusiast haven't been accused of inciting violence yet though, maybe one day?

HAHAHA, good call dan! dickheads!! love it.

[_Scotty_]

One of the defences of negligence is voluntry assumption of risk. Like I said, I don't know about criminal but in civil entering a car with a drunk driver and you know he is drunk then you won't win.

http://sblegal.industry.gov.au/relevantleg...egalissueid=144

Getting into a car with a drunk driver when you know they are drunk will likely reduce the liability of a drunk driver if you took civil action against them, but it is not a complete defence. They are still likely to have some liability.

[Midol]

Ohhh, I know they have a bit but it won't be much at all - in comparison to if they didnt assume the risk.

I aint a law student or anything, we just got sued once and used that defence. Worked out well for us, we only paid like 3%

[Lozza150]

To coin a great Today Tonight Phrase

"it's Un Australian"

Speed kills/dont drink and drive/every K over is a killer/ drink drive bloody idiot/ how fast you going now /

Guess your right ...no one does pay attention to the media.

Edited November 24, 2006 by Lozza150

[85URK]

today the owner of the car was buried. apparently, from what i was listeneing to on the radio, some ppl who were mates of them decesed made up some stickers for the cars saying "R.I.P JD slow down" trying to get a msg across to others. and there were a few ppl who left the funeral etc doing skids. they need there heads red!

i feel sorry for the real family and friends of the victims who have to put up with the crap from the ppl who did that afterwards.

Edited November 24, 2006 by 85URK

[Midol]

Where did you hear that?

Cars formed a gaurd of honour.

The cops were present at the funeral, and afaik no one did burnouts.