Blogs » Law and Legal Services » Deutschmann Personal Injury & Disability Law - PERSONAL INJURY & DISABILITY LAW BLOG
 

Blogs

Deutschmann Personal Injury & Disability Law - PERSONAL INJURY & DISABILITY LAW BLOG
Should We Name and Shame Impaired Drivers?
Return to Blog 
Should We Name and Shame Impaired Drivers?  Deutschmann Law

This questions has come back to light since Durham Region started to name and shame impaired drivers. Other forces in the GTA are seriously considering following suit, while some groups are strongly against the practice. Niagara Region has had this programme in place for several years now. The programmes may extend to publishing names on social media and in news releases.

Durham Police lists the names of drivers charged with impaired driving on their website. They have found it a good enforcement tool since the neighbours of some people listed have begun calling in to report drivers who are behind the wheel while under suspension.  They credit the naming programme as a detriment to repeat offenders and to new offenders as well. Durham police have cited other programs that use a ‘whiskey plate’ system under which convicted impaired drivers get special licence plates.

These more extreme programs are being used due to the disturbing rise in impaired driving and related deaths in the GTA. The police indicate that they have been trying many different enforcement and education methods to reduce the incidence of impaired driving, but it appears people are not heading the warnings.

York Region Police are eyeing Durham’s programme closely and following one of the worst years in many years for deaths they are giving the programme serious consideration. They also agree that if nothing else, publishing names of individuals charges with impaired and under a 90 suspension would aid in catching them driving while suspended.

Edward Prutschi, a criminal defence lawyer from Thornhill, said the problem with naming and shaming is multi-layered, arguing it not only criminalizes those who are to be considered innocent until proven guilty, but also encourages a sort of extra-judicial vigilantism.

“I’m not talking about pitchforks, but the Internet equivalent, which is to say slinging mud on social media, employers (firing employees), Twitter trolls, that’s the only thing people would seek via this mechanism," Prutschi said. "Naming and shaming appears to be to get someone who is presumed innocent to be punished outside the justice system, which is the opposite of what a court system is intended to do.”   http://www.yorkregion.com/news-story/7058978-have-your-say-should-police-name-and-shame-all-impaired-driving-suspects-/

There don’t appear to be studies on this matter either supporting or debunking it. MADD Canada, an advocacy group against impaired driving has not taken any stand on the subject either.  Other groups argue that publishing the names prior to conviction will breach the suspects’ privacy rights, and rights to be presumed innocent until conviction.  This is countered with the argument of whether they individual is guilty or not, once they are caught and charged they are immediately banned from driving and that driving under conviction is another offense.

Supporters cite that nit is certainly appropriate to name all those who have been convicted, as the individuals are named in public documents (court transcripts) upon conviction. That information becomes public knowledge at that point.

Posted on Tuesday, Jan 17, 2017 - 09:07:00 AM EST
 Comments  (0) Post a Comment 
   By Deutschmann Personal Injury & Disability Law (Lawyers) - Visit Our Business Directory Listing  |   Return to Blog 

Blogs Home   |   Start a Blog
News   |   Announcements   |   Events Calendar
Contact The News Editor   |   News FAQs

 
Article Categories
Car Insurance
Community
Disability Law
Personal Injury Law

Recent Articles
E-Scooters aren't legal on public property in Ontario - but that's changing soon
Car Accident Collisions Increase 19% In The Month After Clocks Fall Back
New Prosthetic Limbs Have a Sense of Touch
You've been injured and it's someone else's fault - Now what?
Rowan's Law - Protecting and Educating Amateur Athletes about Concussion and Brain Injury
Poor vision causes many accidents
How You Can Support A Colleague with Mental Illness
Are you struggling with addiction and had your LTD claim denied?
Spinal Cord Injury
Help - I've Been In An Accident With An Uninsured Driver!
7 Things to do if you've been in a roadway hazard accident
A new treatment for Spinal Cord and Brain Injury administered with and 'Epipen' injection
Researchers at University of Waterloo Want to Know Whether Pssengers Trust Self-Driving Cars
Cambridge is Doing a New Cycling Master Plan - Now is Your Chance to Make Your Voice Heard
Truck Side Guards Could Save Lives
New Study Shows Cognitive Behavior Therapy Effective Treating Post Concussion Insomnia
DIY Cycling Lanes Erected in NYC
Brain Injury and Dementia
How my concussion changed my relationship with success
What to look for when you are parking your bike

Articles by Month of Posting
November 2019
October 2019
September 2019
August 2019
July 2019
June 2019
May 2019
April 2019
March 2019
February 2019
January 2019
December 2018
November 2018
October 2018
September 2018
August 2018
July 2018
June 2018
May 2018
March 2018
January 2018
November 2017
February 2017
January 2017
December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
January 2010