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. #11
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    Re: Drunk Drivers

    Quote Originally Posted by evanescence View Post
    Except the recidivism part.

    Here is a situation regarding your statement.

    "A drunk driver who pleaded guilty to running down and killing a tow truck driver and then speeding away was sentenced Wednesday to the maximum 48 years in prison.

    Zachariah Dobler, 28, pleaded guilty in March to vehicular homicide and leaving the scene of the accident, both felonies, as part of a plea agreement.

    Even though Dobler admits to being remorseful, friends and family of the victim say Dobler has had one too many chances.

    Dobler was out on bond on the night that Alan Eugene Dilley was killed and has had three previous offenses for driving under the influence. On that night, Dobler stole his parent's brand new Nissan Rogue because his own car had an interlock device, preventing him from driving while intoxicated.

    "I've come to the conclusion that he's had too many second chances. I've come to the conclusion that he's had too many slaps on the hand. It's time to send a clear message, not only to this defendant but to our community that this type of thing has got to stop and that the penalties are going to be severe if you don't, if you repeat, if you repeatedly drink and drive," said Dilley's girlfriend, Claire Howard-Stephens, during the sentencing hearing ."

    Drunk Driver Sentenced For Tow Truck Driver's Death

  2. #12
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    Re: Drunk Drivers

    Sitting in traffic court in my local municipality, I have noticed that the judges are way too lenient on the drunken driver. All a driver has to do is bring in their teenaged or pre-school child, claim they are the sole support for said child, say they have to buy groceries and go to work, and the judge automatically allows them to drive only to work and the grocery store, fines them $500 or so, and away they go. If you think that driver is only going to limit his driving to those places mentioned, then don't be surprised when he is caught driving drunk once more. If he or she is caught again, they cry once more and bring in their children to these sympathetic, bleeding heart judges. Perhaps the judges who were so lenient on these drunks should be brought up on charges as well.

  3. #13
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    Re: Drunk Drivers

    Quote Originally Posted by Arcana XV View Post
    Well, if a prosecutor can successfully argue premeditation, more power to them.
    I cannot imagine that a "guilty mind" or intent could ever be established as intoxication is a bar against such a determination. However, reckless or disregard for human life could be attached.

    " 14.03 Model Penal Code

    [A] General Rule – Model Penal Code 2.08(4)–(5) distinguishes three types of intoxication:

    1.) voluntary ("self-induced") intoxication;
    2.) pathological intoxication; and
    3.) involuntary ("non-self-induced") intoxication.


    [B] Exculpation Based on Intoxication


    [1] Mens Rea Defense – Any form of intoxication is a defense to criminal conduct if it negates an element of the offense. [MPC 2.08(1)] Since the Code does not distinguish between "general intent" and "specific intent" offenses, the mens rea defense is broadly applied, with one exception. In the case of crimes defined in terms of recklessness, a person acts "recklessly" as to an element of the crime if, as the result of the self-induced intoxication, he was not conscious of a risk of which he would have been aware had he not been intoxicated. [MPC 2.08(2)]"

    Criminal Law Capsule

  4. #14
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    Re: Drunk Drivers

    Quote Originally Posted by evanescence View Post
    How should they be charged?

    I'm leaning towards first degree murder. They are clearly scum of the earth who are unworthy of life.
    It's clearly manslaughter. Maybe murder 3, but I see it well more accurate as manslaughter.
    You know the time is right to take control, we gotta take offense against the status quo

    Quote Originally Posted by A. de Tocqueville
    "I should have loved freedom, I believe, at all times, but in the time in which we live I am ready to worship it."

  5. #15
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    Re: Drunk Drivers

    I can't really respond to this poll because just being drunk is not grounds for murder. I think the author of this poll inadvertently left out, "drunks who kill people while driving ."

  6. #16
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    Re: Drunk Drivers

    Quote Originally Posted by evanescence View Post
    Laws should be adjusted to reflect the high rate of recidivism, as well as the utter lack of regard these people have for the lives of others. Being drunk is not an excuse for killing someone.
    Which is why there are still laws such as manslaughter which makes it illegal. Duh!
    You know the time is right to take control, we gotta take offense against the status quo

    Quote Originally Posted by A. de Tocqueville
    "I should have loved freedom, I believe, at all times, but in the time in which we live I am ready to worship it."

  7. #17
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    Re: Drunk Drivers

    Quote Originally Posted by evanescence View Post
    mmm- going to a bar/ party whatever, and getting smashed without regard for the safety of others equals premeditation in my view. Not that it matters. Plenty of people agree with you. If it happens to my family, I'll have to take justice into my own hands, I suppose. I'll be damned if I let some drunk pos kill my family and get a slap on the wrist.
    Drunk driving punishments far exceed the crime currently. And part of the reason is exactly what is in your post here. It is emotionalized drivel and we're to make law and punishment off of this? No, we're finding ourselves in worse and worse situations because we are allowing emotions to dominate policy making.

    If anything we need to reverse directions on DUI laws and punishments such that we create a fair system of appropriate punishments.
    You know the time is right to take control, we gotta take offense against the status quo

    Quote Originally Posted by A. de Tocqueville
    "I should have loved freedom, I believe, at all times, but in the time in which we live I am ready to worship it."

  8. #18
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    Re: Drunk Drivers

    Quote Originally Posted by bicycleman View Post
    Sitting in traffic court in my local municipality, I have noticed that the judges are way too lenient on the drunken driver. All a driver has to do is bring in their teenaged or pre-school child, claim they are the sole support for said child, say they have to buy groceries and go to work, and the judge automatically allows them to drive only to work and the grocery store, fines them $500 or so, and away they go. If you think that driver is only going to limit his driving to those places mentioned, then don't be surprised when he is caught driving drunk once more. If he or she is caught again, they cry once more and bring in their children to these sympathetic, bleeding heart judges. Perhaps the judges who were so lenient on these drunks should be brought up on charges as well.
    Oh yeah, sorry. I mean we sure would be better off if we just totally destroyed them instead. I mean, they're drunk drivers, it's not like they're human!
    You know the time is right to take control, we gotta take offense against the status quo

    Quote Originally Posted by A. de Tocqueville
    "I should have loved freedom, I believe, at all times, but in the time in which we live I am ready to worship it."

  9. #19
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    Re: Drunk Drivers

    Quote Originally Posted by Ikari View Post
    Drunk driving punishments far exceed the crime currently. And part of the reason is exactly what is in your post here. It is emotionalized drivel and we're to make law and punishment off of this? No, we're finding ourselves in worse and worse situations because we are allowing emotions to dominate policy making.

    If anything we need to reverse directions on DUI laws and punishments such that we create a fair system of appropriate punishments.
    I often agree with you Ikari but i can't here.

    The punishment did not exceed the crime here.

    Idiot - blew 0.173 and was unlicenced/suspended for 2 prior drink driving convicitions and driving an unregistered and uninsured vehicle and crossed onto the wrong side of the road killing one person and maiming another for life.

    His Penalty - jailed for three years/seven months and a non-parole period of two years/eight months.
    The victims penalty - dead.
    The passengers penalty - Health complications for life.
    The family of the victims penalty - The rest of their life without their son/brother.
    Why do we fall?
    So we can learn to pick ourselves up.

  10. #20
    White trash on dope.
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    Re: Drunk Drivers

    Is this for causing death, or just for weaving?

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