Posted: Aug 06, 2019 1:38 pm
by zoon
Cito di Pense wrote:……
We have laws that simply make drunk driving illegal, regardless of degree of mental competence when sober. …...

The mental competence of the driver when sober is definitely taken into account. In the UK, a child of 9 who drives a car on a public road, drunk or sober, has not committed a criminal act, because they are too young for criminal responsibility. It’s the parent, or whoever was supposed to be safeguarding and controlling the child, who is more likely to be charged. Similarly, if someone who has been sectioned under the Mental Health Act manages to get drunk and then drive a car on a public road, the question for the law would probably be: who was supposed to be looking after them.

Of course, these are rare cases in practice, but to say that the law with regard to drunk driving takes no account of mental competence when sober is piffle.