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Old 02-15-17, 03:38 PM   #26
howsteepisit
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Originally Posted by TimothyH View Post
Drunk driving should be a felony.
Acording to one law dictionary:

Felony
A serious crime, characterized under federal law and many state statutes as any offense punishable by death or imprisonment in excess of one year.
Under the early Common Law, felonies were crimes involving moral turpitude, those which violated the moral standards of a community. Later, however, crimes that did not involve mortal turpitude became included in the definition of a felony.Presently many state statutes list various classes of felonies with penalties commensurate with the gravity of the offense. Crimes classified as felonies include, among others, Treason, Arson, murder, ****, Robbery, Burglary, Manslaughter, and Kidnapping.
West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

I don't think all cases of drunk driving should carry a minimum sentence of 1 year. therefore IMO not a felony. I realize other views differ. Take for example riding a bike while drunk. In some states that's DWI, and a year in State prison for that, don't think so. Or the often noted case of riding a lawnmower down the street while drunk - not worth a year in the can to me.
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Old 02-16-17, 08:22 AM   #27
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Originally Posted by howsteepisit View Post
Take for example riding a bike while drunk. In some states that's DWI, and a year in State prison for that, don't think so. Or the often noted case of riding a lawnmower down the street while drunk - not worth a year in the can to me.
That's not even against the law here. We aren't considered vehicles.
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Old 02-16-17, 08:42 AM   #28
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Originally Posted by bmthom.gis View Post
"Take for example riding a bike while drunk. In some states that's DWI, and a year in State prison for that, don't think so. Or the often noted case of riding a lawnmower down the street while drunk - not worth a year in the can to me."

That's not even against the law here. We aren't considered vehicles.
It would still be against the law under South Carolina's public intoxication statute. Similarly, California's vehicle code contains a section on BUI (bicycling under the influence) with substantially lesser penalties than DUI, but it's still illegal.
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Old 02-16-17, 08:51 AM   #29
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It would still be against the law under South Carolina's public intoxication statute. Similarly, California's vehicle code contains a section on BUI (bicycling under the influence) with substantially lesser penalties than DUI, but it's still illegal.
You have to be disorderly as well as intoxicated. No state laws against just being drunk
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Old 02-16-17, 09:49 AM   #30
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I'm for requiring people to be responsible for what does happen, not what someone believes could happen.
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Old 02-16-17, 09:58 AM   #31
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Originally Posted by bmthom.gis View Post
You have to be disorderly as well as intoxicated. No state laws against just being drunk
The statute reads:
"SECTION 16-17-530. Public disorderly conduct.

Any person who shall (a) be found on any highway or at any public place or public gathering in a grossly intoxicated condition or otherwise conducting himself in a disorderly or boisterous manner, (b) ... [assorted other offenses] shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than one hundred dollars or be imprisoned for not more than thirty days."

So being grossly intoxicated in public is sufficient to be charged and convicted of this misdemeanor whether or not they are also being 'disorderly' in other ways. Note the "or" in the statute.
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Old 02-16-17, 09:21 PM   #32
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I'm for requiring people to be responsible for what does happen, not what someone believes could happen.
So it is OK for someone to take a gun, shoot at you and miss. No harm done.
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Old 02-17-17, 10:00 AM   #33
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So it is OK for someone to take a gun, shoot at you and miss. No harm done.
That would be reckless conduct, or even attempted murder, and with a firearm, the charge would be aggravated.
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Old 02-17-17, 09:56 PM   #34
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That would be reckless conduct, or even attempted murder, and with a firearm, the charge would be aggravated.
Based on prairiepedaler's post, he would think it undeserving of even being called a crime.
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Old 02-18-17, 07:33 AM   #35
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So it is OK for someone to take a gun, shoot at you and miss. No harm done.
It seems to me the shooter should at least have to buy the person shot at a new pair of shorts!!!!!
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Old 02-18-17, 07:03 PM   #36
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It seems to me the shooter should at least have to buy the person shot at a new pair of shorts!!!!!
Or be really SOL because the other guy was a better shot......
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Old 02-18-17, 09:29 PM   #37
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Or be really SOL because the other guy was a better shot......
And based on prairiepedaler's post, the other guy is the only person that committed a crime.
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Old 02-18-17, 10:44 PM   #38
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And based on prairiepedaler's post, the other guy is the only person that committed a crime.
Unfortunately there seems to be a trend of excusing bad behavior because one got away with it.....this time.
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Old 02-20-17, 12:36 AM   #39
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If you want drunk driving to be a more serious crime then lobby your state legislators to increase penalties. I personally would like to see harsher sentences for drunk driving and especially drunk driving with injuries or death.
In California if you are drunk and kill someone with your car you serve an average of 6 months or less in jail.
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