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. #71
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    Quote Originally Posted by American View Post
    But it's still defined as "murder" which assumes malicious intent. I did say premeditation or malice.
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    Re: Drunk Drivers

    Quote Originally Posted by Chiefgator View Post
    I'd like to take a moment and apologize to Connory. For some reason I had it in my brain that he was a different poster.
    I was wrong to call him an extremist as I actually don't feel that he is one.

    ^^^^
    This is an act of a gentleman.


    Thank you Chiefgator no apology necessary...

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    Re: Drunk Drivers

    It is not just the person drinking that has a responsibility in this issue, bars and other places which sell alcohol can and in many cases have liability here as well. For example, "Dram Shop" statutes are enacted so the business selling alcohol will "cut off" or stop serving alcohol to those that may be inebriated.

    The statutory duty not to sell or deliver alcoholic beverages to intoxicated persons applies to and is intended to protect, among others, the intoxicated patron. However, an intoxicated person may recover against a licensed vendor of alcoholic beverages for personal injuries, property damage or consequential damages arising out of the service of alcohol only if the proprietor acted in a willful, wanton or reckless manner in serving the patron alcohol. The statutes are also intended to protect members of the general public. Accordingly, a tavern keeper who sells alcoholic beverages to an intoxicated patron may be held civilly liable to a third party who is injured by the intoxicated person.
    Dram Shop Act Law

  4. #74
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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.
    Umm whether you think they are "scum of the earth who are unworthy of life" (pure emotional prejudice with no place in criminal justice) is completely IRRELEVANT to the actual criminal charge they should face. People who accidentally kill someone while driving drunk are not guilty of first-degree murder, because there was no intent to kill. Simply being irresponsible is not the same as committing premeditated murder.

    Let me rephrase your above statement about first-degree murder, and tell me if you still agree: Do you think that someone who intentionally uses their car as a weapon to mow down a pedestrian should receive no harsher punishment than someone who accidentally killed someone through negligence?
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  5. #75
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    Re: Drunk Drivers

    Quote Originally Posted by Kandahar View Post
    Umm whether you think they are "scum of the earth who are unworthy of life" (pure emotional prejudice with no place in criminal justice) is completely IRRELEVANT to the actual criminal charge they should face. People who accidentally kill someone while driving drunk are not guilty of first-degree murder, because there was no intent to kill. Simply being irresponsible is not the same as committing premeditated murder.
    If at this point in our society, someone does not know the potential destruction they can bring by drinking and driving, then they are too dumb to deserve to live. To the same level as a drunk driver that kills others does not deserve to live.
    "nah i think the way cons want to turn this into a political issue is funny though" - Philly Boss

  6. #76
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    Re: Drunk Drivers

    And by the way, 19% of drivers aged 16-25 tell pollsters that they have driven drunk at some point in the last year...and those are just the ones who admit to it. What do you think the real number is? And what if we're talking about EVER, rather than just in the last year? Maybe 50-60%?

    If we assume that today's young people are no more irresponsible about DUIs than their parents' generation or their grandparents' generation were when THEY were young, I think it's probably fair to say that the MAJORITY of Americans have driven while intoxicated at some point in their lives. So to those of you calling for their heads, do you really believe that all of these people are the scum of the earth who are no better than premeditated murderers?
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  7. #77
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    Re: Drunk Drivers

    Quote Originally Posted by Arbo View Post
    If at this point in our society, someone does not know the potential destruction they can bring by drinking and driving, then they are too dumb to deserve to live. To the same level as a drunk driver that kills others does not deserve to live.
    I see. So you've never done it, right? And you've also never talked on your cell phone or driven while sleepy, right?
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  8. #78
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    Re: Drunk Drivers

    Quote Originally Posted by Kandahar View Post
    I see. So you've never done it, right? And you've also never talked on your cell phone or driven while sleepy, right?
    Why do liberals always play this still game? Personalize and extend.

    We are talking about drunk driving, and no, I never have.
    "nah i think the way cons want to turn this into a political issue is funny though" - Philly Boss

  9. #79
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    Re: Drunk Drivers

    I wish DUI's were handled tougher and more uniformly throughout all the states. In some states, the third lifetim DUI is automatically a felony. I like this. I wish all states would adopt this position. In some places, people are working on 15-20 DUI's and have spent only a matter of weeks or months in jail. I'd also like to see drivers licenses suspended, and automobiles registered to all DUI recipients should have the registration suspended for the same amount of time, so the cars cannot be legally driven and would be easier for LEO to spot on the road.

    I'm assuming the OP is about DUI drivers who actually kill people. I voted "other" because I believe the proper charge is Vehicular Homicide. If a DUI driver injures someone, I believe the proper charge is Felony Reckless Endangerment. I think the sentence for both crimes should be in decades, not years, dependent upon the individual's past history of prior DUI's.

  10. #80
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    Re: Drunk Drivers

    Quote Originally Posted by DiAnna View Post
    I wish DUI's were handled tougher and more uniformly throughout all the states. In some states, the third lifetim DUI is automatically a felony. I like this. I wish all states would adopt this position. In some places, people are working on 15-20 DUI's and have spent only a matter of weeks or months in jail. I'd also like to see drivers licenses suspended, and automobiles registered to all DUI recipients should have the registration suspended for the same amount of time, so the cars cannot be legally driven and would be easier for LEO to spot on the road.

    I'm assuming the OP is about DUI drivers who actually kill people. I voted "other" because I believe the proper charge is Vehicular Homicide. If a DUI driver injures someone, I believe the proper charge is Felony Reckless Endangerment. I think the sentence for both crimes should be in decades, not years, dependent upon the individual's past history of prior DUI's.
    I vote we require all three-time DUI offenders' cars like pink zebras. Oooo! And with reflective paint. We may as well know what we're dealing with.
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