If it was just as fast to walk, then he should have walked. But by taking a vehicle into the street while intoxicated he enters DUI territory.
As for your wheelchair comment i think the context matters. I doubt they would charge someone who needs the wheelchair with a DUI in the scenario but someone just taking a motorized wheelchair for a drunken joyride down the road will likely end up with a DUI.
The punishment must fit the crime. Minimum sentence in Canada for a DUI is apparently 1000 rupees and 12 months driving prohibition. That punishment makes sense for the crime of negligently operating heavy machinery that can and does kill thousands every year. Not for operating light low-power electric vehicles where killing a third-party is only a remote (though real) possibility. That minimum sentence being applied equally is not just when the danger posed to society is so unequal. I would also expect a truck driver to have a higher minimum sentence for the same reasons.
On top of the justice concerns, if the punishment is the same for everyone, a drunk college dickhead who would have ridden a bicycle home (still a reprehensible crime mind you) might decide to drive their car instead if they feel like they’re less likely to get caught and it would be punished the same anyway. Especially as cases like this get media attention.
That’s the pitfall with blind and strict rules, if I know I’ll be getting expelled from school for getting punched by a bully, then I’m incentivized to cave their face in before the grown-ups get here.
If it was just as fast to walk, then he should have walked. But by taking a vehicle into the street while intoxicated he enters DUI territory.
As for your wheelchair comment i think the context matters. I doubt they would charge someone who needs the wheelchair with a DUI in the scenario but someone just taking a motorized wheelchair for a drunken joyride down the road will likely end up with a DUI.
The punishment must fit the crime. Minimum sentence in Canada for a DUI is apparently 1000 rupees and 12 months driving prohibition. That punishment makes sense for the crime of negligently operating heavy machinery that can and does kill thousands every year. Not for operating light low-power electric vehicles where killing a third-party is only a remote (though real) possibility. That minimum sentence being applied equally is not just when the danger posed to society is so unequal. I would also expect a truck driver to have a higher minimum sentence for the same reasons.
On top of the justice concerns, if the punishment is the same for everyone, a drunk college dickhead who would have ridden a bicycle home (still a reprehensible crime mind you) might decide to drive their car instead if they feel like they’re less likely to get caught and it would be punished the same anyway. Especially as cases like this get media attention.
That’s the pitfall with blind and strict rules, if I know I’ll be getting expelled from school for getting punched by a bully, then I’m incentivized to cave their face in before the grown-ups get here.