The days of easy justice for drunk drivers who kill are finally over. In a landmark decision, the Court of Appeal has upheld a nine-year sentence for a teenager who killed an engineer and his family while driving at almost four times the speed limit.
Fereidon Hayatibahar, who was 19 at the time of the crash, had been driving without a licence and was more than twice the legal limit when he lost control of the car and slammed head-on into the victim's vehicle. Peyman Masoomi Fard, a 44-year-old engineer, suffered "absolutely gruesome injuries" and his wife and 12-year-old son were forced to watch as first responders failed to save him.
The trial judge had found Hayatibahar guilty of criminal negligence causing death, impaired driving causing death, and three counts each of criminal negligence causing bodily harm and impaired driving causing bodily harm. The judge described the crash as a "predictable and devastating set of consequences" and said that Hayatibahar's sentence was "demonstrably unfit" for a first-time offender.
The Court of Appeal disagreed, finding that the sentence was appropriate and that sentences for dangerous and impaired driving offences have increased in recent years. The court also rejected Hayatibahar's appeal of his conviction, finding that the trial judge had made no legal error in concluding that Hayatibahar was driving at the time of the crash or in finding that his arrest had been lawful.
The court's decision is a major victory for the victims' family and for road safety advocates. The case has been cited at least nine times by other courts in the country to justify higher sentences for impaired drivers.
Hayatibahar will now serve his nine-year sentence and will be subject to deportation back to Iran when he is released. The decision sends a strong message that impaired driving will no longer be treated lightly in the courts.
