techead
Honorary Master
He who walks with the wise grows wise, but a companion of fools suffers harm
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Matric crash driver unlicensed
- Thread starter Kornhub
- Start date
The_Assimilator
Executive Member
IANAL, but...
The licensed driver gave his keys to the unlicensed driver with full knowledge, and most likely intent, that this would allow the latter to drive the former's vehicle. Since allowing an unlicensed person to drive is illegal (unless that person has a learner's license), this means the licensed person facilitated the committing of a crime.
Separate to that is the fact that licensed drivers are, statistically, less likely to have accidents than unlicensed ones. Therefore, by allowing the unlicensed driver to drive his vehicle, the licensed driver willingly and knowingly allowed the probability of causing an accident to be increased. Irresponsibility that resulted in death = culpability.
Lycanthrope
Honorary Master
No dude, you've got it completely wrong.
And punishable by a small traffic fine.
Thats what he did he allowed an unlicensed person to drive that is his crime therefore he needs to pay what R500-R1000 or something.
What he didn't do was assist that person in killing himself and other people, and to even consider that, that was infact his intention is a bit silly. The dead unlicensed driver that skipped a red robot is responsible... But oooooohh wait lets not talk ill of the dead let's blame the living.
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A dad buys his son a skateboard the child breaks his neck, by your logic the dad is "culpable"
I use my friend's bike... a car hits & kills me therefore my friend is "culpable" for allowing me to use his bike.
I give a grown man a lift in my car, he doesn't wear his safety belt... he dies in a car crash, i'm "culpable" because I allowed him to go without a belt.
Come on surely you can see how silly this is!
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Nerfherder
Honorary Master
He should at least be prosecuted for that... it is a crime.
Lycanthrope
Honorary Master
Uh, yes he did. If he (freely) gave the keys over, he assisted his friend who was not legally allowed to drive in committing a crime and is just as culpable.
If a drunk driver commits an accident because you freely gave him the keys of your car, knowing that he was drunk, do you believe that you aren't responsible for his actions?
What absolute nonsense. How easy it is for some people to shirk responsibility.
No. What's silly is that you are unable to compare apples with apples.
Driving is not a right, it's a privilege. You accept a great deal of responsibility when you become a licensed driver and, although in South Africa it's not exactly spelled out for you, you acknowledge that you will adhere to the laws and regulations.
When you drive, you run the very real risk of causing harm if you are unfit and not properly able to drive. Your licence is (albeit arguably) proof that you have been tested and been found to be a competent driver and that you are of a calculated risk on the road.
When you allow someone who is unsuited to drive whether because they are without a licence, intoxicated, legally blind or whatever else, you are breaking the law and endangering the lives of not only that driver but the lives of others.
Your comparison fails to take into account the very real risk an INCOMPETENT driver is to OTHER PEOPLE on the road.
This is why it is illegal and why you are to be held culpable for their actions.
This is hardly a complicated thing to understand.
Nerfherder
Honorary Master
You are responsible for the actions of the people in your car. If you are giving a drunken friend a lift and they stick their head out the window and do stupid things you can be held responsible.
You might not be able to see the logic but its there.
Same thing if you let someone take the keys to your car, thats called being complicit in a crime. If you let an unlicensed driver take the wheel of your car (or a car you are responsible for) and remain in the car with them then you are taking part in a crime.
Nope not hard to understand at all. There is simply a legal line, buying your young son a skateboard is as maybe less irresponsible then allowing him to drive.
Thing is there's a legal line, his crime is defined, allowing an unlicensed driver to drive... as crazy and reckless as that may be endangering his own and the lives of others his crime stops at allowing an unlicensed driver to drive. Until the law starts convicting people for the consequences after that point its NOT A CRIME its just FARKEN STUPID
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Grant
Honorary Master
ok, looking at the facebook pages there may be a little more than meets the eye.
messages from groups like "street 2 track" & "dr1ft".
it seems the boys may have been partial to "high risk driving".
messages from groups like "street 2 track" & "dr1ft".
it seems the boys may have been partial to "high risk driving".
Lycanthrope
Honorary Master
Does your son run the risk of endangering the lives of other people in a 1.5-ton hunk of steel moving at over 80km/h? No? Then how the **** is this comparable? :wtf:
The point is that the licence holder CAN be held responsible, because he was. Whether or not it will be taken that far is debatable, but the article clearly indicates that he won't be prosecuted. The point myself and others are trying to make is that he should be because he is culpable.
Oh good, even more reason to prosecute the bastard.
Grant
Honorary Master
no link. in airport lounge on mobile.
but google: keenan smith mondale high school facebook, or search the same from your own facebook account - that will get you there
So, if you're a barman and you serve someone drinks even though they are drunk and then they drive and kill someone, should you be prosecuted? You freely gave him/her the alcohol, knowing he was drunk, are you not responsible for his actions?
Should, could, would isn't important in a court room. He is not culpable in the eyes of the law but he's surely culpable in the eyes of normal people.
He wont be prosecuted because there simply isn't a good enough case. His conscious will have to prosecute and haunt him from this point on wards.
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zululami
Banned
I once stole my father's car before I got my licence back in the days, now I understand why he gave me some serious punishment! while you're busy having a joy ride, the danger to yourself and other innocent people is so much greater!
SauRoNZA
Honorary Master
Well unlicensed could also mean "unable to drive".
As in you have to ask how many hours has the kid actually driven, did he have any driver training whatsoever or was this the first time ever he was driving.
All of that could change the situation from "not stopping of for the red light" to "not being able to stop for the red light due to lack of experience".