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(This
column was published in the North
Shore News on
Jan. 21, 1998) Drunk
drivers destroying lives By Leo Knight FOR
years successive governments and ICBC have been spending
millions of dollars to combat drunk driving through advertising
campaigns, educational and enforcement programs.
The
courts, however, seem to have done their level best to ensure
these campaigns fail.
There
is probably more case law on impaired and refusal charges that
any other 10 sections of the Criminal Code combined.
Police
sources tell me that only about 30% of all drunk driving charges
laid result in convictions. Too often the charges are plea
bargained down to Motor Vehicle Act (MVA) charges such as drive
without due care or dangerous driving.
The
Crown argues that the penalty for a first offence is similar and
therefore this is reasonable. The problem, in my view, is that
the Criminal Code provides for minimum sentencing on second and
subsequent convictions.
Any
plea bargain to register an MVA conviction cannot be considered
if the party is arrested again.
While
all this is just numbers and semantics, there is a very real
face and tragedy to drunk driving. I was reminded of this
recently when I was given a poem written by a student in New
Jersey who had, as I understand it, just lost a friend to a
drunk driver.
A
number of years ago, when I was a police officer, I had to tell
the father of a 15-year-old girl of her death at the hands of a
drunk driver. She was an only child and the apple of her
father's eye.
The
girl was staying overnight at her friend's place. They had been
out for the evening and, as was her custom, she called her dad
when they returned to say they were home safe and were just
going to order a pizza before going to bed.
Unfortunately,
the pizza restaurant was too busy to provide a timely delivery
so the girls thought they would quickly go and pick it up. They
never made it. Two blocks from the house, they were broadsided
by a drunk who ran a red light.
I
can vividly remember that father, gripped by convulsive sobs,
hanging on to the fireplace mantle for support.
The
poem brought that night back to me in gruesome and depressing
detail. I'd like to share it with you. After you read it,
consider how you feel about plea bargains reducing criminal
charges to mere Motor Vehicle Act convictions.
I
went to a party, Mom, I remembered what you said.
You
told me not to drink, Mom, so I drank soda instead.
I
really felt proud inside, Mom, the way you said I would.
I
didn't drink and drive, Mom, even though the others said I
should.
I
know I did the right thing, Mom. I know you are always right.
Now
the party is finally ending, Mom, as everyone is driving out of
sight.
As
I got into my car, Mom, I knew I'd get home in one piece.
Because
of the way you raised me, so responsible and sweet.
I
started to drive away, Mom, but as I pulled out into the road,
the
other car didn't see me, Mom, and hit me like a load.
As
I lay there on the pavement, Mom, I hear the policeman say,
the
other guy is drunk, Mom, and now I'm the one who will pay.
I'm
lying here dying, Mom. I wish you'd get here soon.
How
could this happen to me, Mom? My life just burst like a balloon.
There
is blood all around me, Mom, and most of it is mine.
I
hear the medic say, Mom, I'll die in a short time.
I
just wanted to tell you, Mom, I swear I didn't drink.
It
was the others, Mom. The others didn't think.
He
was probably at the same party as I.
The
only difference is, he drank and I will die.
Why
do people drink, Mom? It can ruin your whole life.
I'm
feeling sharp pains now. Pains just like a knife.
The
guy who hit me is walking, Mom, and I don't think it's fair.
I'm
lying here dying and all he can do is stare.
Tell
my brother not to cry, Mom. Tell Daddy to be brave.
And
when I go to heaven, Mom, put "Daddy's Girl" on my
grave.
Someone
should have told him, Mom, not to drink and drive.
If
only they had told him, Mom, I would still be alive.
My
breath is getting shorter, Mom. I'm becoming very scared.
Please
don't cry for me, Mom. When I needed you, you were always there.
I
have one last question, Mom, before I say good bye.
I didn't drink and drive, so why am I the one to die?
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