So I was browsing the internet and this article came up. Those photo’s are pretty bad and especially how the article mentions the little girl got decapitated.
But what I thought was interesting was the poll right under the pictures where it says “What do you think of a murder charge in an alleged DWI case?”
The choices were as follows
-It’s appropriate
or
-It’s to harsh
so far its at 92%(appropriate) and 8%(to harsh)
How could anyone possible say no this guy doesn’t deserve at least life in jail?
but depending on tolerance levels, certain ppl are much more affected by BAC.
for example, heavy alcoholics can go on benders and have up to .5/.6 BAC, where if an occassional drinker were to have a BAC that high, they would be in a coma and most likely dead. Im not saying the alcoholic wouldnt be in the hospital, but they wouldnt die either.
i dont think they should be charged with murder, i think they should be charged with man slaughter. Its not like drunk ppl WANT to kill someone. Same way smokers dont WANT to get lung cancer. Why do they do it? idunno, they just do.
they shoould be charged with a DWI to the full extent and man slaughter to the full extent
you are entitled to your opinion… but it is way wrong.
Nothing is too harsh. I think anyone who Drinks and Drives should DIAF. I have been in three accidents caused by a drunk driver, and each time I get more pissed off that this shit still go’s on. Why? Penalties should be raised, and people should be ready for the consequences. This guy in-particular should be charged with Murder to the full extent, he should be just as liable as the next guy for killing someone.
Now, I am not defending or condoning it in the slightest, but do you have any idea how many people drink and drive at one time or another? Probably nearly every ‘responsible’ adult that you know has at one point or another. If anyone drinks socially at all, by the time they are ‘buzzed’ then they are likely over the legal limit.
This is where I agree with Joe on raising the legal limit, but increasing penalties above said raised limit.
What about if someone was driving over-tired, and had caused the same accident? Still charge them with murder? Or if some chick is playing with her hair and talking on the phone? Every one of these is negligent driving, but these are the gray areas that make the interpretation or application of the law difficult.
If someone is talking on their cell phone (sober) and cause a fatal crash are they a murderererer?
Is there a difference?
A sober person should have better judgement than a drunk person so maybe the penalty should be stiffer.
I will bet you one 40oz beer that cell phones cause more accidents, whether they are fatal or not is just luck.
Yes that is murder. You take on a responsibility when you drive a car, If I were street racing and killed someone I should get charged with murder. No matter if it was a passenger, pedestrian or another driver. If you are aiming a gun at someone and keep tugging on the trigger because the safety is on, then somehow it go’s off and you kill that person, should you get off any easier? What are you going to tell the judge? “I know I was aiming it at his face and pulling the trigger, but I did not think it was going to go off.”
Same thing with Drunk Driving, " I know I was Drunk and could have killed someone but I tried to be safe" not gonna cut it.
That is why there is manslaughter. I think your definition of murder is skewed.
Manslaughter: The unlawful killing of another without intent to kill; either voluntary (upon a sudden impulse); or involuntary (during the commission of an unlawful act not ordinarily expected to result in great bodily harm).
Murder: The unlawful killing of a human being with deliberate intent to kill: (1) murder in the first degree is characterized by premeditation; (2) murder in the second degree is characterized by a sudden and instantaneous intent to kill or to cause injury without caring whether the injury kills or not.
This I do agree with.
.08 is insane.
I read somewhere(and no I don’t have a link) that a 35 year old at .08 has the reaction time of a sober 70 year old.
Maybe 70 year olds shouldn’t be allowed to drive and if they do kill someone while driving sober they should be charged with murder.
I would bet a bottle of Tullamore Dew that I drive better than my father after I drink 2 or 3 drinks.
i was driving on the same road just a few hours earlier since i grew up in that city (long beach).
i found out about the accident from a neighbor cop and it was pretty bad just hearing that the flower girl got decapitated. it was a mess on the highway and yesterday these pictures started coming out and they played the video in court but cut out the screams - they should have left the screams in. pretty awful, but what’s worse is the defense claims the mother destroyed evidence by moving her daughter’s head that was in her lap and taking it with her. what evidence does one need.
wow, that happened real close to where im from(massapequa). Truth be told though, that there are many fatal accidents in that area all the time. From kids doing 100mph down tight roads in their camaros, crashing and killing all their friends to stupid pedestrians j-walking and getting hit. Oh and a few weeks ago, i kid that used to play hockey for my team got killed on his motorcycle, a woman was cutting over a few lanes to get to the mall and hit him right off of his bike, he broke his back on impact and died. Seriously, people die in accidents all the time. They must be investigated, and charged with the appropriate charges. You cant just go around saying, oh, he dranks 4-5 beers, so thats murder, give him death penalty.
This guy was .28. That’s fall down drunk, way past the “I’m probably ok to drive” point. He made a choice to keep drinking knowing he had no one to drive him home. Sure, at .28 his judgement was probably impared, but when it was .05 or .08 after a couple beers he still could have said “ok, that’s enough, I have to drive home”. Instead he made the decision to keep drinking, knowing he would put himself and others at risk, and since people died to me that = murder.
.08 though is complete crap. .08 is at that point where you’re ultra paranoid, and even if your reaction time is a little slower, the fact that you’re paying 100% attention to what you’re doing and closely following every traffic law will more than make up for it.