Another ridiculous acquittal for a drunk driver last week yet again exposes the ineptness of some judges in Taiwan and their inexplicable tendency to side with offenders.
After numerous attempts to clamp down on drunk driving, last week’s ruling has the potential to set a terrifying precedent that drunk driving is simply not a crime, because one is not in control of their actions when drunk.
The accused, a woman surnamed Huang (黃), was charged with drunk driving and fleeing the scene of a crash in Tainan on Dec. 22 last year in which she hit a scooter, knocking a mother and daughter to the ground. The daughter fractured a clavicle and sustained scratches, while the mother sustained minor injuries. Huang continued driving and hit a parked vehicle about 450m farther along the road.
Tests showed that Huang had a blood-alcohol concentration of 1.55 milligrams per liter (mg/l), more than 10 times the legal limit.
This is serious and reckless behavior, but it seems that society does not really care unless there is a fatality, leaving “dinosaur judges” to quietly make logic-defying rulings that are a slap in the face to the people who are affected and to the justice system.
The arguments of the defense were absurd and flat out condoned drunk driving. Lawyer Mai Yu-wei (麥玉煒) said that Huang was incapacitated and “was not in control of her actions, and thus could not have deliberately attempted to flee the scene of a crash.”
Mai presented evidence that a blood-alcohol level of 0.311mg/l or higher puts people in a semi-conscious or unconscious state, leading to a loss of bodily functions.
This is precisely why drunk driving is illegal.
While that should be common knowledge, Huang should be acutely aware of the rules, because she has previously been convicted of the same offense.
Notwithstanding how drunk she was and whether she was aware of the crash, the crux of the issue is her decision to drink wine before getting behind the wheel.
Astonishingly, the judge agreed with Mai and acquitted Huang of driving under the influence (DUI) and fleeing the scene of a crash. She was sentenced to four months in prison for offenses against public safety, which is commutable to a fine.
The lesson this ruling teaches is that if you are going to drive after drinking, get as drunk as possible so that if you hit someone, your lawyer can argue that you were not aware of the situation.
This ruling is disturbingly similar to another acquittal last year involving a man who stabbed his mother 37 times and beheaded her while under the influence of amphetamines. He was initially acquitted for the same reason: “He was not in control of his actions at the time of the incident due to drug-induced psychosis.”
The prosecution appealed and the case went to the Supreme Court, where the man last month was sentenced to life in prison. The prosecution also plans to appeal in the Huang case.
Hopefully, a more reasonable verdict will be reached that actually holds her accountable.
After stiffer punishments were implemented in July 2019, fatalities from drunk driving incidents in the nation only dropped from 5,230 to 5,056 the following year. This shows that there is still a lot to be done to stop such behavior — and letting people off the hook does not help.
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