Tougher Punishments For Drunk Drivers

[Mulboyne]

[Kanchou]

Providing a person with alcohol who subsequently gets a DUI or DWI: DWI ― Maximum jail time of 3 years or a fine of about $4,400 or less. DUI ― Maximum jail time of two years or a fine not exceeding about $2,650.
* Riding as a passenger in a vehicle operated by a person intoxicated: DWI ― Maximum jail time of 3 years or a fine of about $4,400 or less. DUI ― Maximum jail time of two years or a fine not exceeding about $2,650.
* Rejected BAC breath test ― Maximum jail time of three months or a fine not exceeding about $4,400.

WTF?

1 and 2 would mean that bars would go out of business, and the children of DUI drivers would have juvenille records, would they not?

3 just seems like a violation of civil rights... at least in the US, they can't force you to take a breath test, just like they can't force you to give them your DNA, or take a polygraph.

[Uhhuh35]

WTF?
1 and 2 would mean that bars would go out of business, and the children of DUI drivers would have juvenille records, would they not?
3 just seems like a violation of civil rights... at least in the US, they can force you to take a breath test, just like they can't force you to give them your DNA, or take a polygraph.

Yeah, WTF? LMFAO! Wow! Please tell us how that's a violation of anyones Civil Rights.

http://www.legal-explanations.com/definitions/civil-rights.htm
http://www.thefreedictionary.com/civil+right

[Greji]

WTF?

1 and 2 would mean that bars would go out of business, and the children of DUI drivers would have juvenille records, would they not?

The law applies to adults as passengers and not to juveniles. Adults are supposed to say "Hey, you're to pissed to drive".

Many states in the US will hold a bar responsible if they serve alcohol to a driver who is or appears drunk.

3 just seems like a violation of civil rights... at least in the US, they can force you to take a breath test, just like they can't force you to give them your DNA, or take a polygraph.

The Japanese Law concerning driver's licensing, considers the license as a professional license. As such, you are required to comply with all relevant traffic laws once licensed. By accepting the license, you agree to these provisions, so there is no question of civil rights envolved. If you injury someone in an accident of your causing, the first charge leveled is professional negligence.

About your US statement, tell me what happens in California if you refuse testing when offered by a traffic patrolman. You are off track a tad with that statement.

[halfnip]

About your US statement, tell me what happens in California if you refuse testing when offered by a traffic patrolman. You are off track a tad with that statement.

I can answer that one--and I'm not speaking from experience here. The CHP will probably take you in for refusing regardless, or they'll draw their weapons, pull you out of the car, throw you to the ground face first, handcuff you, then shove the freakin' breathalizer in your mouth until they get the results that they want.

[FG Lurker]

[Kanchou]

Yeah, WTF? LMFAO! Wow! Please tell us how that's a violation of anyones Civil Rights.

http://www.legal-explanations.com/definitions/civil-rights.htm
http://www.thefreedictionary.com/civil+right

Well, in the US your body is included in 4th amendment rights... they're not allowed to force you to take any tests.

Unless you're CLEARLY drunk (IE, you fail the sobriety test), in which case plausible cause applies, in which case you deserve getting arrested.


Also, I don't think people should be held criminally liable if they let people drive just for being a passenger, unless they're sober (but why would they be sober and not drive?), or at least below the limit. What happens to people who were passed out in the back of the car?

[Charles]

..Many states in the US will hold a bar responsible if they serve alcohol to a driver who is or appears drunk..

I've never heard of a bar or bartender who was criminally convicted for serving a drunk driver. I suppose it could happen, but usually I hear about civil lawsuits. And that's what Dram Shop Insurance is for, to cover the bar for civil liability.
Anyway, to give a related case, some idiot bartender here in my town was doing fire stunts, pouring rum down the length of the bar and lighting it. Someone was startled and spilled their drink, splashing burning rum on a poor woman who was seriously burned. The bartender got a criminal conviction for some fire/arson related crime (I forget the exact charge) but only served like 30 days. The bar ended up on the hook for the millions in damages from the civil lawsuit.

...About your US statement, tell me what happens in California if you refuse testing when offered by a traffic patrolman. You are off track a tad with that statement.

US driver's licenses are now all "Implied Consent," you sign that agreement when you get your license. You agree to submit to alcohol testing on demand, or else you volunteer to have your license suspended for 6 months.

[Uhhuh35]

Well, in the US your body is included in 4th amendment rights... they're not allowed to force you to take any tests.
Unless you're CLEARLY drunk (IE, you fail the sobriety test), in which case plausible cause applies, in which case you deserve getting arrested.
Also, I don't think people should be held criminally liable if they let people drive just for being a passenger, unless they're sober (but why would they be sober and not drive?), or at least below the limit. What happens to people who were passed out in the back of the car?

Yes, you are protected against unreasonable searches and seizures but when the Po-Po pulls you over and detects the smell of alcohol, they then have Probable Cause for breathalyzer and/or sobriety tests. That is reasonable and affirmed in many court cases.
In many states you don't have to submit to testing, but it means automatic license suspension. But that's the US.

Seems a good way to keep the "social pressure" on in Japan don't you think?

[unkosando]

[Blah Pete]

From totaldui.com
In the states, especially California you need a car to get around... but why drink and drive in Japan? The public transportation is amazing there!

You obviously have never lived outside of Tokyo or in the country.

The law where an adult riding with a drunk driver getting tagged has been on the books for a while. I think the change is that before the adult had to be a licensed driver and now the law has changed to include any adult.

In most US states you have the choice of breath, blood, or urine test if stopped for a suspected DUI. You can refuse but you will convicted in court. The only way you can prove your innocense is through one of these three tests.

I've never heard of a bar or bartender who was criminally convicted for serving a drunk driver. I suppose it could happen, but usually I hear about civil lawsuits.

I have heard about a bartender in Hawaii being charged. Under State of Hawaii the bartender and the bar owner are liable for overserving.

[hodensaft]

I had to take a fun class from the Oregon Liquor Control Commission when I was 18. It was a few years ago, and a some of the laws have changed since then, but the general idea was that if you served anyone who was visibly intoxicated you could be held liable for mischief they caused later.

This generally meant that if someone got a DUI on the way home from the bar (or got into a booze-fueled fight outside) the individual who served the drunk in question could be fined, jailed (not for too long, though) or both (of course, they'd also be fired). The store itself usually would have to pay a fine, and problem locations could lose their liquor license pretty easily.

In practice I only saw this regulation enforced twice, both times when people served patrons that were stumbling, slurring their words, and unable-to-open-doors-drunk.

[unkosando]

You obviously have never lived outside of Tokyo or in the country.

You are quite right. Sorry when I think of living in Japan my mind seems to only consider the metros.

The law where an adult riding with a drunk driver getting tagged has been on the books for a while. I think the change is that before the adult had to be a licensed driver and now the law has changed to include any adult.

In most US states you have the choice of breath, blood, or urine test if stopped for a suspected DUI. You can refuse but you will convicted in court. The only way you can prove your innocense is through one of these three tests.

My in-laws and I went drinking in the suburbs of Fukuoka. After we finished they called a service where a driver takes you home in your car and a taxi follows to pick up the driver. The cost was the fare of the taxi plus 2000 yen for the driver. Not too bad when considering the alternative of 400000 yen plus jail time.

[Mike Oxlong]

You've just discovered daiko unten?

[Greji]

You've just discovered daiko unten?

Ain't it great! I generally drive in to work every day and it has saved my butt on numerous occasions!

[unkosando]

You've just discovered daiko unten?

Unfortunately I don't live in japan anymore.

[Greji]

In the states, especially California you need a car to get around...

No you don't. You just learn to leave for your appointments a couple of days early. That's all!

[American Oyaji]

US driver's licenses are now all "Implied Consent," you sign that agreement when you get your license. You agree to submit to alcohol testing on demand, or else you volunteer to have your license suspended for 6 months.

Sorry to say you're wrong on this one. I just got my license renewed , only thing I had to sign was a paper saying that I would not drive uninsured. Never in the past 7 years have I had to sign anything about DUI.

[Charles]

Sorry to say you're wrong on this one. I just got my license renewed , only thing I had to sign was a paper saying that I would not drive uninsured. Never in the past 7 years have I had to sign anything about DUI.

I assure you, you did agree to the Implied Consent clause, even if you're not aware you did. Check your state's license rules for the current status of Implied Consent.

[Greji]

I assure you, you did agree to the Implied Consent clause, even if you're not aware you did. Check your state's license rules for the current status of Implied Consent.

I would check AO. I have been out of the land of the big BX for sometime, but the last I knew it was pretty much as Charles is stating. Most places do have implied consent.

[Kuang_Grade]

Here you go AO

http://www.bmv.ohio.gov/driver_license/dui_law.htm

IF YOU DRINK AND DRIVE, YOU ARE COMMITTING A SERIOUS CRIME WHICH HAS SWIFT AND SURE CONSEQUENCES THAT ARE HARD TO IGNORE.

Administrative License Suspension (ALS)

If you are stopped for drunk driving and you refuse to take the sobriety test, or if your test results exceed the legal limit of Blood Alcohol Concentration (BAC), the officer can take your driver's license on the spot, and the suspension begins immediately.

Depending on previous offenses or refusals, you can have your license automatically suspended for a period of 90 days to five years.

The administrative suspension is independent of any jail term, fine or other criminal penalty imposed in court for a DUI offense.

[American Oyaji]

Yeah. Thanks. I had already determined that I was wrong.

I don't like admitting when I am wrong.

Yeah, well, it won't matter to me because I don't drive drunk anymore.

[Iraira]

Yeah. Thanks. I had already determined that I was wrong.

I don't like admitting when I am wrong.

Yeah, well, it won't matter to me because I don't drive drunk anymore.

Have you switched over to seconals and smack before operating a motor vehicle or heavy machinery? The above combo helps on those warm summer days when the traffic is backed up for light years.

[Mulboyne]

Kyodo via Japan Today: Bar owner busted for serving alcohol to driver in first such arrest

The owner of a beer hall in Neyagawa, Osaka, has been arrested for providing alcohol to a customer who was driving back home, police said Friday. It is believed to be the first arrest since the amendment of drink driving laws in Japan went into effect on Monday. The beer hall owner, identified as Mariko Nishioka, 53, allegedly served several glasses of beer to a 45-year-old man, even though she was aware that he would be driving an automobile later on. The customer was arrested for driving under the influence after leaving the place. The amendment makes anyone who provides alcohol to drivers liable for punishment.

[Iraira]

Kyodo via Japan Today: Bar owner busted for serving alcohol to driver in first such arrest

Does this cover my idiot friends who may come over to my place, drink the alcohol they bought from a glass that I provide?
Wait a minute!!!!
I got a few people on my "Wanna see them burn in hell" list. I see this as a great way to fuck them over. Go over to their place, drink their booze, get all mollered up, go driving, crash into a bus-full of priests on their way to a NAMBLA meeting, then turn around and sue my "friend" for serving me the alky.

[kurohinge1]

[SIZE="4"]Japanese drivers sobered by new lows[/SIZE]

Drunk driving accidents in Japan almost halved compared to last year after a draconian new law was introduced in September in response to a series of fatal car crashes, showing that tighter rules can sober up drivers.

Under the revised law, drunk drivers can be jailed for up to five years or be fined up to 1 million yen . . .

The law punishes passengers who ride with a drunk and people who serve alcohol or lend a car to someone who may then drive under the influence.

A police report showed that after the law took effect, drunk driving accidents declined 41 per cent year-on-year to 350 in a one-month period.

The police also cracked down on 46 passengers of drunks and eight people who served alcohol to drivers.

But the message has yet to reach some drivers.

In Nagano prefecture, central Japan, the number of drunk driving accidents during the same period doubled from the previous year, and five of the 14 drunk drivers were unaware of the new law, the Shinano Mainichi Shimbun daily said . . . more

It seems to be working.



But here's 2 very different stories related to Daiko Unten:

Bureaucratic stupidity, greed may be behind rise in drunk driving

The fatal crash in Fukuoka City on Aug 25, which sent a car carrying three small children off a bridge their deaths, has set off an avalanche of coverage on what appears to be a growing problem of driving under the influence in Japan.

But this situation didn稚]more[/URL]

Unten Daiko driver admits trying to rape a customer

[quote="Japan Update, in July 2004, "]

The holiday weekend brought a variety of bizarre incidents to Naha, including an attempted rape in which the victim couldn't remember if it actually happened.

It began when an Unten Daiko company which provides driver service for people impaired and unable to drive themselves home after drinking responded to a call from a lady.

Hirohide Nakamatsu, 33, was dispatched to drive the drunken woman home in the early hours of July 3rd. Instead of taking her home, though, he took her to a nearby parking lot, stopped the car, and attempted to rape her. The woman reportedly put up some opposition and the man fled.

Hours later the woman woke up, discovered she was naked, and called police. Police responded and began a search, but the lady couldn稚]

[ttjereth]

[Mike Oxlong]

They always work in pairs in Naha. Seems like the dude's partner was in on the attempt, or at least did nothing to prevent it.

[Mulboyne]

Auto Spectator: Nissan's Joint-Study on Drunk Driving Receives Japanese Grant Support

A joint-study on drunk driving, undertaken by Nissan Motor Co., Ltd. in collaboration with the University of Occupational and Environmental Health Japan*1, School of Health Sciences, has been awarded a grant from the Kitakyushu Foundation for the Advancement of Industry Science and Technology. The study, to be conducted between July 2007 to March 2008, aims to determine the physiological, psychological and behavioral influences of alcohol in the body...In the first phase, from October-November, test subjects performed simple simulation exercises on personal computers after alcohol consumption...In the second stage in December, researchers will collect additional data following the first stage, such as physiological responses...more...

Volunteers?

[succubusqueen]

All my expertise in drunken stupor posting will be put to the test!..

Does it include free whisky?:p