Should you be liable if your guests drink and drive?

Discussion in 'The Intelligence Cell' started by Forces_Sweetheart, Oct 19, 2004.

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  1. Interesting to see that something other than being British has now become 'socially unacceptable' in France :?
  2. I believe this case may stem from the nature of the French legal code, where the onus is on the accused party to prove their innocence as opposed to the court proving them guilty. I remember hearing that French law is designed to protect the police and the legal profession, not the citizenry. Although no legal boffin, I believe that the current French legal system owes a good deal to the Code Napoleon, which may explain why this sort of case arises. I heard in relation to this case that a person can be charged if they ignore someone for example lying in the street or drowning.
  3. Yes. "Non-aide a un person en danger" - failing to help a person in danger. This was what some of the photographers at the scene of Princess Di's death were charged with.
  4. Personally think that case is a crock of shit, what were they exactley going to do? Why should they pay for what he did, he was an adult, may have been pissed, but he was still running his own life, not the man and woman there.
  5. So when it's your family mown down that'll be all right then?
  6. If an attempt was made to prevent him from drink driving, all well and good. If he slapped him on the back and said "use the back roads as the pigs are on the main ones" he should go down (oooer)
  7. I think the point of the prosecution was that it was felt they had some duty of care - as his hosts - to prevent him from driving after he had been in their house drinking all night. They were also criticised for not calling the police to notify them that he had driven off.
  8. msr

    msr LE

    Personally, I think that it is thoroughly irresponsible to serve alcohol to someone you know is the nominated driver for the night.

    Surely the best option is to give the driver a bottle of wine to take home and enjoy after the party.

    If you can't go one night without a drink, then you need to seek assistance.

  9. They've been acquitted. It worked in their favour that they hid his keys, tried to persuade him to sleep it off, and refused to let him out until he turned violent on them. Think the case was a POS, all told.
  10. No it wouldn't be, but if - as it seems in this case - they were unable to stop them, who would you blame initally? The person who caused it - not necessarily those who could of stopped them. With this specific case, part of the prosecution's case was that the couple was negligent because they did not call the police - but haven't we seen the odd lout in town on the p1ss - collapsing all the gaff - who's to know if that person was going to jump into his car/bike/whatever. Have we jumped to call the bill? How far are we supposed to go in being law biding?

    Don't get me wrong - I have and never will drink and drive, and I would be the first person to try and convince someone not to either. But if I can't, I should not be blamed. If this case turned out a guilty verdict, would all landlords, off-licence owners, party goers, clubbers, etc could be in the dock for the carelessness of other drinkers.

    On the other hand - it would make people more proactive though. Tricky one that.
  11. It is a tricky situation. In the case of a private home, I think all that should be expected is an effort by the hosts to see that a drunk guest does not drive home.

    There are places that have laws which hold busnesses selling liquor responsible for patrons leaving and driving drunk. That also is a difficult one I think. Sometimes even the best efforts cannot prevent a drunk hell bent on doing something, from doing it.

    I wonder if there are any statistics comparing drunk driving incidents before and after such laws.
  12. Spheroids! Adults have free will, if they drink and drive lock the buggers up, not anybody else. Are we all children??
  13. Of course....after they have killed a family of four.
  14. Well, ma cher, could bring in prohibition; that would stop 'em. Or even ban motor vehicles, even better.

    Poo happens, victim culture says it is everybody elses fault; real world you and me are responsible for what we do, if we f*** up we take the consequences and don't moan about it.

    rant offf.....