Quote:
Originally Posted by GGG
How do you know you are not qualified to drive a super B if your employer and the state have given you the certification required. A large part of this is a failure the employer to meet their requirements under OHS to provide proper training and ensure the employee understood the risk of the work they were carrying out.
This guy didn’t answer a text. He was performing a safety check on his vehicle. It’s fundementally different than a DUI or phone use. I fully agree with you that phone use in a vehicle should be treated like impaired driving. That is not relevant to the case here.
My point above was that there is no deterrent affect to this punishment as a choice wasn’t made in the moment. The choice was made when he decided to be a truck driver. Therefore the purpose of this punishment is Vengeance/Justice/Punishment rather than deterance, protection of society or rehabilitation.
The deportation end is pretty severe, I just don’t see the value in deporting this guy.
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That is quite the spin.
You know how you "perform safety checks"?
You pull over and physically do it...you dont do so looking in mirrors travelling 80KM an hour.
In fact...this is why he is going to prison. He screwed up. He admitted as much. He plead guilty to committing these crimes.
Just think of it this way. Had he pulled over to address the loose tarp issue instead of staring at it in a side mirror, we aren't having this conversation.
I get that some feel 8 years for this is too much which is why i asked...what is the right sentence then?
As for the deportation aspect, I was under the impression its automatic for non-residents if sentenced to more than a year...though I may be completely wrong on that. Either way if i was in another country and my negligence/mistake led to the death of a bunch of their citizens, I wouldn't expect to be allowed to stay there.