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Achieving-Justice

Mom's dangerous lesson

It was out of character for Lori, the single, hard-working, mother of four. She was always the one ensuring that no one would be drinking and driving. 

Imagine what her children, the youngest aged six, felt as their mother was taken away to begin serving her three-year jail sentence.

The server who had delivered the shots of tequila and beer offered to arrange a driving service. Lori declined, saying she was calling a friend for a ride. That decision will haunt her for the rest of her life.

Lori made no excuses and was sobbing as she gave her heart-felt apology to the family of Erin, the 33-year-old nurse whose life she ended. She was also apologizing to Lindsay, Erin’s 31-year-old co-worker who will never recover from her injuries.

No amount of jail time could fix this. In fact, the longer she spends behind bars will only increase the harm to the four victims who were not in the crash: her children.

Nothing can fix this.

But this tragic event, occurring right here in our Okanagan community, can help fix us.

Impaired driving continues to be a significant road safety problem. Every time the RCMP put their important resources to targeting impaired drivers, another “tip of the iceberg” of offenders are snagged.

For every impaired driving death, there is some significant multiple of impaired driving injuries.

The last bold step our political leaders took to fix this problem, and it was a beauty, was implementing automatic roadside consequences in 2010.

Is it time for another bold step?

How about Erin’s Law, requiring bars to ensure that clearly impaired patrons do not get into a vehicle and drive?

Servers could be required to keep track of the number of drinks served. A simply formula, taking into account the amount of time spent in the bar, could trigger the obligation.

A minimum-wage earner could follow the patron to the parking lot, warning that the RCMP will be called if they get into the driver’s seat of a vehicle.

Those much smarter than me can come up with the details, but surely a clear screening and prevention procedure can be conceived of. Failure to implement it could be a criminal offense with similar penalties to impaired driving itself.

No procedure would be iron clad. Those intent on driving impaired could simply park off site.

Erin’s Law would have saved Erin. If would help in most situations where well meaning people at the beginning of the night make horrible decisions after they are impaired.

It could be extended anywhere alcohol is consumed. Yes, including your home when friends come over to drink. Would it be ridiculous to make a conscious effort to keep a tally on the number of drinks consumed by those who bring their vehicles?

The most important impact of Erin’s Law would be a change in attitudes. It is clearly insufficient to rely on drinkers to be responsible. We must add responsibility to those who are complicit in impaired driving situations occurring.

Erin’s Law would do just that. The next generation would grow up seeing their parents and the world around them actually doing something to prevent impaired driving, rather than just sitting back and letting it happen.



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About the Author

Paul Hergott began practicing law in 1995, in a general litigation practice. Of the various areas of litigation, he became most drawn to, and passionate about, pursuing fair compensation for injured victims. This gradually became his exclusive area of practice.

In 2007, Paul opened Hergott Law, a boutique personal injury law firm in the Central Interior, serving personal injury clients from all over British Columbia. Paul’s practice is restricted to acting only for the injured victim, never for ICBC or for other insurance companies.

Paul became a weekly newspaper columnist in January of 2007, when his first column entitled “It’s not about screwing the Insurance Company” was published. 

Please feel free to email or call Paul (1.855.437.4688) with legal issues you might like him to write about in his column, or to offer your feedback about something he has written.

Email:   [email protected]
Firm website:  www.hlaw.ca
Achieving Justice Legal Blog:  http://www.hlaw.ca/category/all-columns/
One Crash is Too Many Road Safety Campaign: www.onecrashistoomany.com
Google Plus:  https://plus.google.com/+HlawCanada/posts
Facebook:  www.facebook.com/personalinjurylawfirm
Twitter:   twitter.com/Hergott_Law



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The views expressed are strictly those of the author and not necessarily those of Castanet. Castanet does not warrant the contents.

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