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The ramblings of a restless mind (Page 4)

desigal90 IF-Stunnerz
desigal90
desigal90

Joined: 14 November 2007
Posts: 37432

Posted: 06 May 2015 at 9:00pm | IP Logged
Thanks Neela Paani Hug
And to the members who brought in the points that he may have been intoxicated during the incident, but not 13 years post it.

TRUE.
Very true actually. It was Salman in full conscience avoiding the court at that point and delaying the punishment. 

What do you guys feel about punishment for what can be called an "accident" as opposed to manslaughter with intent or a sexual crime?

For instance, Pallavi, you mentioned the many cases in the states where teens get drunk and get into accidents. 
Drunk accidents are even more common on special occasions like New Years, for instances. 

Anyone aware of what the penalty is in the states for drunk driving? 


Edited by desigal90 - 06 May 2015 at 9:00pm

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pallavi25

IAmLuvBolly IF-Dazzler
IAmLuvBolly
IAmLuvBolly

Joined: 20 December 2014
Posts: 4175

Posted: 06 May 2015 at 9:09pm | IP Logged
Originally posted by desigal90


Great take.
But this is why I'm confused. I think texting and driving in many states is against the law, so I'm very surprised by how she was able to wiggle her way out of this.
And now ironically study medicine and become a physician.

I think texting and driving and drinking and driving are pretty similar things.



You don't have to answer these questions at all. I'm just thinking out loud. Was texting and driving illegal at the time she caused the accident? And also how old was she? Was she an adult or legally a minor? I hope that rich father also got her some counseling, and that she at least faced some kind of consequence for the accident on a familial and personal level. But that's between her, her conscience and her family.

I do agree that texting and driving is as bad as drinking an driving.

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desigal90

desigal90 IF-Stunnerz
desigal90
desigal90

Joined: 14 November 2007
Posts: 37432

Posted: 06 May 2015 at 9:14pm | IP Logged
Yup, she was legal. 
And I read more into it. The case gets more shady. Her page says she refused to take a blood test.

My friend told me that when someone here asked her about it, she kinda shrugged it off saying, she's made mistakes in the past.


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IAmLuvBolly

kitkataha IF-Rockerz
kitkataha
kitkataha

Joined: 24 November 2012
Posts: 5275

Posted: 06 May 2015 at 9:15pm | IP Logged
Every state has their own laws. Where I am, intoxication manslaughter amounts to 2-20 years in prison; however, probation is also handed out in many cases. The catch though is, you have to serve a minimum of 160 days in prison to be eligible for probation.

Your friend's story is a story of many other people as well. She/he committed a crime without an intent. There's a reason why intoxication manslaughter (among other crimes) is not a strict liablilty crime...primarily because of the intent element required to convict. The States need their own reforms, and I've been in discussions where the idea of "community healings" and different forms of punishments apart from jail time are talked about. It doesn't sound as impractical. While I do agree that some crimes need jail time, there are other crimes for which other ways of punishments could suffice (and we do see that through probation).

Edited by kitkataha - 06 May 2015 at 9:16pm

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IAmLuvBollydesigal90

pallavi25 IF-Stunnerz
pallavi25
pallavi25

Joined: 10 May 2007
Posts: 28588

Posted: 06 May 2015 at 9:18pm | IP Logged
Originally posted by desigal90

Thanks Neela Paani Hug
And to the members who brought in the points that he may have been intoxicated during the incident, but not 13 years post it.

TRUE.
Very true actually. It was Salman in full conscience avoiding the court at that point and delaying the punishment. 

What do you guys feel about punishment for what can be called an "accident" as opposed to manslaughter with intent or a sexual crime?

For instance, Pallavi, you mentioned the many cases in the states where teens get drunk and get into accidents. 
Drunk accidents are even more common on special occasions like New Years, for instances. 

Anyone aware of what the penalty is in the states for drunk driving? 

Accidental death would be if driver lost control of his car due to mechanical failure or loss of his senses and ran over someone, killing him/her.
 In our town there was such a tragic case, a 70 year old guy lost consciousness while driving and his car swerved into the sidewalk killing 2 young girls who were walking in the neighbourhood to sell Girl's Scout cookies. It was really horrible, we all said the old guy shd not have been driving with that health condition but in US even old/ sick people have to drive to get groceries as there is nobody to help them.
That was a really tragic accident.

When teens or adults get drunk and kill other drivers or their own passengers, its called vehicular or intoxicated manslaughter. Its a crime punishable by jail term and community service.

If drunk driving crash doesnt kill anyone then the driver's licence is revoked or suspended depending on his/her blood alcohol content (BAC) and the circumstances of the crash. They are also fined large amounts, sometimes vehicle is impounded. 

Theres a whole page on Wiki...we had to study an entire chapter on DUI, DWI etc before getting drivers licence here. Its hard to remember all those details.LOL

http://en.wikipedia.org/wiki/Drunk_driving_in_the_United_States




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IAmLuvBollydesigal90

IAmLuvBolly IF-Dazzler
IAmLuvBolly
IAmLuvBolly

Joined: 20 December 2014
Posts: 4175

Posted: 06 May 2015 at 9:22pm | IP Logged
Originally posted by desigal90

Thanks Neela PaaniHug
And to the members who brought in the points that he may have been intoxicated during the incident, but not 13 years post it.

TRUE.
Very true actually. It was Salman in full conscience avoiding the court at that point and delaying the punishment.

What do you guys feel about punishment for what can be called an "accident" as opposed to manslaughter with intent or a sexual crime?

For instance, Pallavi, you mentioned the many cases in the states where teens get drunk and get into accidents.
Drunk accidents are even more common on special occasions like New Years, for instances.

Anyone aware of what the penalty is in the states for drunk driving?




@bold1: If it was truly an accident then I honestly don't know. On the one hand it was an accident and it could have happened to anyone, and the person didn't intentionally do anything wrong (and let me clarify that driving drunk means the person is intentionally putting themselves and others in harm's way). But at the same time, will the victim or their family have closure? Legally though I don't think there can be any criminal charges. Look at Bruce Jenner. Someone was killed in the car crush he was involved in a couple of months ago, and even though it was his fault it was declared an accident so he won't face any criminal charges. The family is thinking of suing him though.

@bold2: I don't know. I think if one gets pulled over for drunk driving then it's suspension of license and probation. It also depends on whether it's first offense or not and the severity of punishment increases based on that. But if you cause an accident then it depends on how bad the accident is and so forth. In the States laws vary a lot from state to state.

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pallavi25desigal90

TheRager IF-Addictz
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Joined: 04 October 2004
Posts: 68395

Posted: 06 May 2015 at 9:24pm | IP Logged
You need to pay for your crimes as per the laws of the land. Salman tried and is trying to escape doing so. Paying compensation in exchange for jail term doesnt hold in India. 

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AnnaElsaKulfii...Amri..pallavi25desigal90YD.AH

desigal90 IF-Stunnerz
desigal90
desigal90

Joined: 14 November 2007
Posts: 37432

Posted: 06 May 2015 at 9:28pm | IP Logged
Originally posted by IAmLuvBolly




@bold1: If it was truly an accident then I honestly don't know. On the one hand it was an accident and it could have happened to anyone, and the person didn't intentionally do anything wrong (and let me clarify that driving drunk means the person is intentionally putting themselves and others in harm's way).

This is also something I've pondered.
I don't drink due to religious restrictions, so I may have very limited insight about this.
The whole reason you are told not to drink and drive is because it impairs your motor senses, right? Balance, etc.
But drinking also impairs judgment. Its a sedative but removes inhibitions makes people indulge in more risky behaviors than they would normally indulge in sober. 
And now it may sound like I'm getting way too loopy but, can you hold someone accountable for the a DECISION made while intoxicated?

I've seen some very rational friends of mine who call me after driving home after a late night party and I know they were drunk. 
But these are a few. Most of my friends already have designated drivers before they begin partying. 

To me it just seems like one big messy situation that goes around in circles. 

It would have been an accident if he lost control of the vehicle due to some other factor. 
He didn't mean to kill someone, so it was an accident in that sense, but it's NOT... because he put himself in that place. 
But the time at which he put himself in that place was a time when he was in that impaired mode. We don't punish minors because their judgment is impaired. But alcohol can theoretically impair anyone's judgement. 

Just always thought about this LOL




Edited by desigal90 - 06 May 2015 at 9:34pm

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IAmLuvBolly

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