View Poll Results: How should drunks be charged?

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  • First degree murder

    5 10.20%
  • Second degree murder

    8 16.33%
  • manslaughter

    28 57.14%
  • Other

    8 16.33%
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Thread: Drunk Drivers

  1. #141
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    Re: Drunk Drivers

    Quote Originally Posted by taxigirl View Post
    2nd degree. Because it is not generally premeditated (for 1st degree) and manslaughter does not carry enough weight. There are plenty of alternative methods of getting from point A to B even in rural areas (if you have to, sleep it off). Every time someone who is impaired by alcohol gets behind the wheel of a vehicle it becomes a 2000 pound bullet.
    If a drunk climbs in their back seat to sleep it off, should we still arrest them for drunk driving if a LEO finds them this way? Or, should we not because they actually had the presence of mind to NOT drive drunk and chose to sleep it off instead?

    It is not unheard of for people to get arrested for drunk driving when they weren't driving at all. Sometimes when they were even purposely intending to not drive.

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    Quote Originally Posted by radcen View Post
    If a drunk climbs in their back seat to sleep it off, should we still arrest them for drunk driving if a LEO finds them this way? Or, should we not because they actually had the presence of mind to NOT drive drunk and chose to sleep it off instead?

    It is not unheard of for people to get arrested for drunk driving when they weren't driving at all. Sometimes when they were even purposely intending to not drive.
    I think that is an OWI, not a drunk driving. This charge is only upheld if it can be proven that the drunk was in a position of operating the vehicle.

  3. #143
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    Re: Drunk Drivers

    Quote Originally Posted by Stopandthink View Post
    I think that is an OWI, not a drunk driving. This charge is only upheld if it can be proven that the drunk was in a position of operating the vehicle.
    I have heard what seemed to me to be credible stories... and I acknowledge they are second-hand, and not verified... of people being charged and convicted of DUI while sleeping in a back seat. Even while sleeping in the bed of a pick-up. The rationalization being they intended to drive, but didn't get that far. If true, that's a dangerous presumption for our legal system to take, and for a court of law to accept.

    Now, if the person were in the driver's seat, and the keys were in the ignition (or even in the person's hand), then I could see the potential of intent... followed closely by passing out... and I would be open to the idea.

  4. #144
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    Re: Drunk Drivers

    being drunk while driving kills the other people and it means it cant be regarded as a simple manslaughter.if you are a conscious citizen you must know you can kill innocent ones if you drive while drunk.
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  5. #145
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    Re: Drunk Drivers

    Quote Originally Posted by Medusa View Post
    being drunk while driving kills the other people and it means it cant be regarded as a simple manslaughter.if you are a conscious citizen you must know you can kill innocent ones if you drive while drunk.
    The problem is, most people who drive drunk don't have the sober intent of doing so. I could be wrong though...
    I'm coming to see that no matter what law we regulate, be it the stand your ground act, there is never an objective morally right answer to any morale question; in fact, since there are multiple objectively right answers to every moral question that leaves us with a lot of grey area and a lot of black area (not in the racial since).
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  6. #146
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    Re: Drunk Drivers

    Quote Originally Posted by radcen View Post
    If a drunk climbs in their back seat to sleep it off, should we still arrest them for drunk driving if a LEO finds them this way? Or, should we not because they actually had the presence of mind to NOT drive drunk and chose to sleep it off instead?

    It is not unheard of for people to get arrested for drunk driving when they weren't driving at all. Sometimes when they were even purposely intending to not drive.
    I am pretty sure that in California you have to put the key in the ignition in order to be a "drunk driver". At least that is how it was. I had some police follow me and when I got in my car to sleep in the drivers seat they came over. I had the keys on the dash and they said that they would be by later to make sure I was still there. If not they would come to my house and arrest me. At least that is how I remember it.
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  7. #147
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    Re: Drunk Drivers

    Quote Originally Posted by Bodhisattva View Post
    I am pretty sure that in California you have to put the key in the ignition in order to be a "drunk driver". At least that is how it was. I had some police follow me and when I got in my car to sleep in the drivers seat they came over. I had the keys on the dash and they said that they would be by later to make sure I was still there. If not they would come to my house and arrest me. At least that is how I remember it.
    But even that doesn't prove that you were planning on driving. What if it is a cold night and you're trying to sleep in the car? You can't have any heat because it looks like you might drive after drinking? That's just not right.
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    Re: Drunk Drivers

    Quote Originally Posted by roguenuke View Post
    But even that doesn't prove that you were planning on driving. What if it is a cold night and you're trying to sleep in the car? You can't have any heat because it looks like you might drive after drinking? That's just not right.
    I agree. Sleeping in your car instaed of driving should be seen as a positive...
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    Re: Drunk Drivers

    Quote Originally Posted by Medusa View Post
    being drunk while driving kills the other people and it means it cant be regarded as a simple manslaughter.if you are a conscious citizen you must know you can kill innocent ones if you drive while drunk.
    The same applies to texting, putting on make-up, and anything else you intentionally do behind the wheel that distracts you from driving. I once saw a person talking on the phone and reading documents while driving down the freeway at 65 MPH! I'll take my chances with the drunk driver over that idiot!
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    Re: Drunk Drivers

    Quote Originally Posted by Medusa View Post
    being drunk while driving kills the other people and it means it cant be regarded as a simple manslaughter.if you are a conscious citizen you must know you can kill innocent ones if you drive while drunk.
    You don't need to be drinking and driving to kill someone. How many people are paying attention while driving? They're driving a huge machine, yes? Lots of momentum. You could argue ANY action which leads to substantial distraction should be punished the same. Anything from drinking, to texting, to putting on makeup, etc. UP to 10 grand in total fines, loss of license for what is it 6 months now, possible jail time, lots of community service, classes, therapy, evaluations, etc.

    If you are a conscious citizen you MUST know you can kill innocent ones if you drive distracted.
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