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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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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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"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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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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Old 03-15-17, 08:46 AM   #40
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Watch Utah--they are trying to drop their DUI threshhold to .05%. Hopefully they'll jack the fines up, too. They might prove that massive LDS church influence on public policy has some good points!
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Old 03-15-17, 09:18 AM   #41
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Would it be safe to say that MADD is mad?
My daughter in law works for MADD and I can assure you they think he is a fool!!!!!
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Old 03-16-17, 09:10 PM   #42
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Involuntary Manslaughter

Involuntary manslaughter is the unlawful killing of another human being without intent. The absence of the intent element is the essential difference between voluntary and involuntary manslaughter. Also in most states, involuntary manslaughter does not result from a heat of passion but from an improper use of reasonable care or skill while in the commission of a lawful act or while in the commission of an unlawful act not amounting to a felony.


Generally there are two types of involuntary manslaughter: (1) criminal-negligence manslaughter; and (2) unlawful-act manslaughter. The first occurs when death results from a high degree of Negligence or recklessness, and the second occurs when death is caused by one who commits or attempts to commit an unlawful act, usually a misdemeanor.


With the large number of highly publicized serious injuries and deaths involving impair driving, either due to intoxication or distraction, and the huge public awareness campaigns against drunk driving and texting while driving, it would be hard to claim that the driver engaged in these activities was unaware of the risk posed to the public and the possible consequences. Since both are reckless and unlawful acts, any death resulting from these acts should constitute involuntary manslaughter.


IMHO
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Old 03-18-17, 09:43 AM   #43
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Would you say the same if someone texting while driving hit and killed a cyclist?
yes.
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Old 03-18-17, 01:36 PM   #44
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Watch Utah--they are trying to drop their DUI threshhold to .05%. Hopefully they'll jack the fines up, too.
Pointless, really. Even someone with a pathetic alcohol tolerance is going to be less impaired by a .05BAC than a long day without enough sleep.

I still prefer seeing "extra drunk" and "extra extra drunk" categories with substantial penalty increases rather than the silly lowering of the BAC requirement, which still doesn't account for any other intoxicating substances.
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Old 03-26-17, 07:39 AM   #45
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The bottom line here is the ding bat mayor would be well advised to leave criminal activity to the courts.
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Old 03-26-17, 08:26 AM   #46
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In California if you are drunk and kill someone with your car you serve an average of 6 months or less in jail.
Unless it's your third conviction.
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Old 03-26-17, 08:30 AM   #47
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Watch Utah--they are trying to drop their DUI threshhold to .05%. Hopefully they'll jack the fines up, too. They might prove that massive LDS church influence on public policy has some good points!
I hope I speak for everyone here when I say that I hope this law is enacted. Moreover, it would serve as a precedent for other states. Fighting the influence of the alcoholic beverage lobby will not be easy, but this determination will test to see what the U.S. is made of.
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Old 03-26-17, 09:26 AM   #48
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I hope I speak for everyone here when I say that I hope this law is enacted. Moreover, it would serve as a precedent for other states. Fighting the influence of the alcoholic beverage lobby will not be easy, but this determination will test to see what the U.S. is made of.
You most certainly do not speak for me. In my opinion this law is simply pandering to the zero tolerance group, and I believe in some level of tolerance and realism. a 0.05 level is not so impaired as to require action. Or, if it is, then we should be banning food and coffee in cars, smoking in car and passenger who argue with the driver.
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Old 03-26-17, 10:16 AM   #49
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I tend to have extreme views on this issue (and I fully acknowledge they're extreme). A family member ran over and killed a neighbor's 7-year-old kid while drunk. Alcoholism is a strong trend in my family, so drunk driving isn't uncommon, and I was in the military which has a drinking culture all its own. I, personally, have watched too many people die to be able to put up with it anymore.

Drinking and driving is an entirely non-essential and avoidable activity. No one needs to drink alcohol. No one needs to drive while impaired. Part of the problem we have, at least in the U.S., is that our whole infrastructure is so car-dependent that people think it's their right to operate a vehicle under all circumstances, even when it willfully endangers others, just because other modes of transportation are inconvenient. Then, people are entirely dismissive of how much their behavior impairs their ability to drive safely (and this applies to distracted driving as well as impaired driving).

As far as I'm concerned, drunk driving is a form of reckless endangerment and should be prosecuted even more aggressively than it already is. I also think that governments should be readier to remove driving privileges from dangerous drivers in general. I honestly think that society would be a lot better off if we treated driving as an activity that only a skilled minority should engage in (like flying an aircraft, though obviously driving isn't quite that complicated), instead of handing out licenses to everyone who can pass a twenty minute test.
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Old 03-26-17, 06:18 PM   #50
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I tend to have extreme views on this issue (and I fully acknowledge they're extreme). A family member ran over and killed a neighbor's 7-year-old kid while drunk. Alcoholism is a strong trend in my family, so drunk driving isn't uncommon, and I was in the military which has a drinking culture all its own. I, personally, have watched too many people die to be able to put up with it anymore.

Drinking and driving is an entirely non-essential and avoidable activity. No one needs to drink alcohol. No one needs to drive while impaired. Part of the problem we have, at least in the U.S., is that our whole infrastructure is so car-dependent that people think it's their right to operate a vehicle under all circumstances, even when it willfully endangers others, just because other modes of transportation are inconvenient. Then, people are entirely dismissive of how much their behavior impairs their ability to drive safely (and this applies to distracted driving as well as impaired driving).

As far as I'm concerned, drunk driving is a form of reckless endangerment and should be prosecuted even more aggressively than it already is. I also think that governments should be readier to remove driving privileges from dangerous drivers in general. I honestly think that society would be a lot better off if we treated driving as an activity that only a skilled minority should engage in (like flying an aircraft, though obviously driving isn't quite that complicated), instead of handing out licenses to everyone who can pass a twenty minute test.
+1 Well stated post.
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