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This may be a bit controversial, but I was thinking the other day, that just about everyone that's even halfway intelligent knows if a person is under the influence of drugs and/or alcohol, and that person was to drive a car, there's a good chance s/he may end up killing someone.
I know the usual penalty for that is Involuntary Manslaughter or Vehicular Manslaughter at the moment. But I believe the charge should be increased to second degree murder.
I went searching and found that Second Degree Murder is a killing caused by dangerous conduct and the offender's obvious lack of concern for human life.
Driving under the influence is certainly dangerous conduct in my opinion. And if everyone knows they could possibly kill someone doing so, and they do it anyway, wouldn't that be obvious lack of concern?
Your thoughts please.
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01-13-2006, 02:05 AM
(This post was last modified: 01-13-2006, 02:08 AM by Deadlyy-Guy.)
I do agree with you chesh to an extent. Now i'm not going to defend drinking and driving by any means, but as most of us that drink know once you get to a certain point you are easily influenced to do things even if you know its going to end up badly. thats why i always have someone with me when i drink to make sure i have a sober driver, or to ok me to drive if i do. most people know their limits but once you go far beyond that point you lose track of whats right and wrong and then its considered involuntary. As sad as it sounds thats just the way its done. plus the person that was driving drunk has to live with thier mistake the rest of their life. once again i'm not defending drinking and driving but i can see the governments standpoint on it and unless you intentionally ram another vehicle or person then its considered involuntary just like losing control of your vehicle, its basically losing control of your body, and since drinking is legal the only thing that can decipher your level of awareness is blood alcohol content and even then you can't fully tell someone they are drunk because everyone has a different tolerance level for it. i can drink a 6 pack of guiness and maybe catch a buzz, then i drive home perfectly fine, even better so because i'm more aware that i need to pay attention. i'm actually a worse driver sober because i speed and drive like a maniac lol.
and one last time let me reiterate that i am NOT defending drunk drivers, i'm only pointing out why the penalty is what it is.
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Well I've lost an Uncle to a guy who was Drinking so I'm more on Chesh's side. DUI murders follow the exact requirements for 2nd degree so I don't see why it's not that.
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im takin drivers ed right now and we watched the mangled bodyshow video now, i like chesh's side.
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i think that people know when they're drinking that there's a very good chance that they will kill someone if they drive. therefore, i agree with chesh that the penalty should be harsher
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That's why I don't drink, or do drugs for that matter.
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It's murder if it's pre meditated. Manslaughter is the killing by accident, or recklessness.
Usually when you're drunk, you don't try driving through a crowd of people to kill a few. That's when it would be considered murder.
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It should be as harsh as a Second-degree murder penalty, only with a different name, since the word "murder," as Matt said, implies premeditation. Also, I don't have any sympathy for people that get too wasted to know they aren't fit to drive. Low self-control is no excuse.
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well, I'm not sure if I agree with chesh. If you kill someone while driving drunk, you're going to get caught, hands down. And it's not going to be just manslaughter they charge you with. You'll probably get a DUI, reckless driving, and a whole list of possible charges. So if you kill a guy while DUI, you're going to be in jail for a long time. Like 10 years probably. I don't know how much 2nd degree murder would increase that, but I don't think you should spend 10 years of your life repaying for what happened one night when there where inhibitors in your body not allowing you to think entirely.
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01-14-2006, 04:38 AM
(This post was last modified: 01-14-2006, 04:40 AM by Tetsumaru.)
but then who was the person who put in those inhibitors with full knowledge of the effects of them and what might happen?
and that person(s) they killed, what about them? do you think they should have died because of somebody else's carelessness? how come they have to die but the other person doesnt even get a 10 year sentance?
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Drinking and Driving should be bad enough. Killing someone while Drunk is a serious offense, obviously more than 10 years... You know what your doing when your drinking beer, you've heard the consuquences and what happens to you. Get a buddy to drive you home or something. Or dont drink at all unless your at home. I dont see how driving while drunk would decrease the penalties of "Murdering" another human-bieng, considering you know what your doing when you pick up that bottle of Licker.
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it's just plain irresponsible and reckless to drink and drive. period
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I fully agree with Chesh. Besides, who wants to go out to drink when it is a hell of a lot more expensive then drinking at home? Unless your with friends and can get a way home safely. You can always buy a bottle of liquor for 25$ and a 12 pack for around 10$ and have a good time at home.
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1st Degree Murder is pre-meditated, 2nd Degree is not. Look it up if you don't believe me.
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You drink. You drive. You **** up. You're fault.
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Siluru Wrote:Besides, who wants to go out to drink when it is a hell of a lot more expensive then drinking at home? guys with nagging wives. the relative silence is probably worth the extra money
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depends on how much u drink, 1 beer doesn't mess me up, but if you're going 3+, watch out
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I'm usually at 8-9 when I start to feel it.
And yes nagging wives and nagging moms are a bitch. Even girlfriends that hate when you smoke or drink. I hate that. I do what I please.
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Drinking and driving is one of the dumbest things somone can do. I personaly know alot about it becasue when I was younger I watched my mom get a DUI and how f*cke up she was puking on the ground in front of the cop. It was one of the worst things I believe I ever saw as a child. I believe that since you can't make decisions correctly while under the influance you should be punished at the lowest available punishment for your crime unless your drinking and driving as pre-med. I lost a few friends in alchohol related accidents and it just makes you think how it can happen to anyone at anytime. My best friend has wrecked multiple times trashed and it's all just a big eye opener for me. I'll admit i have drivin after a little buzz but I know when and when not to drive. I'll sleep in my car if I have to, whatever it takes to not F*ck my life up. I've had to many examples in front of my face to make me not wanna drink and drive but not everyone has that, it's a shame i guess. I've had nightmres of some of the images that are in my head from wrecks and other shit. Bad things to have in your head if your ever triping, lol.
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CheshireCat Wrote:This may be a bit controversial, but I was thinking the other day, that just about everyone that's even halfway intelligent knows if a person is under the influence of drugs and/or alcohol, and that person was to drive a car, there's a good chance s/he may end up killing someone.
I know the usual penalty for that is Involuntary Manslaughter or Vehicular Manslaughter at the moment. But I believe the charge should be increased to second degree murder.
I went searching and found that Second Degree Murder is a killing caused by dangerous conduct and the offender's obvious lack of concern for human life.
Driving under the influence is certainly dangerous conduct in my opinion. And if everyone knows they could possibly kill someone doing so, and they do it anyway, wouldn't that be obvious lack of concern?
Your thoughts please.
Second degree? How about first degree? With manditory minimums.. Forget about manditory minis for minor drug POSESSION charges, put them where they count.. like the violent/reckless criminal offenders.
No chance of paroll.
I party sometimes but I respect everyone else way more than I respect myself. No way would I ever drive under the influence.
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