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Just watch this insane accident: http://www.wfaa.com/news/crime/Camera-c ... 42567.html" onclick="window.open(this.href);return false;

The DWI killer should be executed, NO Mercy!

If someone pulled a gun and start firing and killing one or two regardless if it he was under Alcohol or drug intoxication, what would be his punishment? Life with no parole? Why DWI Motors Murderers are treated differently?

I agree but the sad fact is that juries usually don’t even give the present maximum sentence for Intoxicated Manslaughter.

Beiruty wrote:Just watch this insane accident: http://www.wfaa.com/news/crime/Camera-c ... 42567.html" onclick="window.open(this.href);return false;

The DWI killer should be executed, NO Mercy!

If someone pulled a gun and start firing and killing one or two regardless if it he was under Alcohol or drug intoxication, what would be his punishment? Life with no parole? Why DWI Motors Murderers are treated differently?

because we are too soft on drunks and drunk drivers?

What is the average sentence for a manslaughter or lower level murder conviction with no prior record? Intent and such are big factors in these cases I think. So is the idea that she is not likely to be a repeat risk.

It said she will serve at least 13 of the 26 years before being eligible for parole. I was thinking that is a pretty substantial sentence. IMO, I think you should compare it to a case of your being careless with a gun and accidentally injuring or killing someone. I don't think it is at all the same as capital murder.

I guess we gotta face the fact that Texas was for a loooooooong time really soft on Drunk Driving, heck it wasnt untill the 80s your saw laws that matched the rest of the States.
Also a LARGE number of our Law Makers and Government Officials had/have Drinking Problems, heck our Last Governor (Before Perry) had a big Drinking Problem. So its hard to fight to pass laws when, you are a drunk.
I also think it comes to a "That could have been me" mentality, plenty of us have driven when, maybe we shouldn't have. Heck in my CHL class the biggest concern most people had were charges related to drinking. We see a thread a week about it on here.

Even before laws were changed, were judges/prosecutors soft on drunk drivers who screwed up and killed people? I agree we are harder on average DUI convictions now, but are we harder on drunk drivers who actually cause an accident?

Victim Impact Statement I read at the sentencing of the guy that killed my sister in law in 2003. He was 19 at the time of the accident. While awaiting trial, and out on bond, he was arrested again for using a fake licence to purchase alcohol at a bar in Oklahoma (went to see UT play baseball). His sentence? 5 years. Accident happened on the day before Thanksgiving. She died Christmas Day.

He did spend every day of the 5 years but it wasn't nearly enough.

Victim Impact Statement

Gregory, as you know during the early morning hours of November 26th, 2003 our families lives were changed by the choices you made. A family’s worst nightmare….getting that dreaded call in the middle of the night. Kelley, once a bright and bubbly spirit, now lay broken and battered. For thirty long days, our family sat vigil by her bedside around the clock hoping and praying for the miracle of our Kelley’s life. Imagine the horror of her experience….the needles…the screws in her head for the halo to support her broken neck...the hole in her throat in order to breathe…the metal plates in her back….the tubes in her shaved head relieving the pressure and blood from her brain. For every minute of those days and nights, we tried not to think about the inevitable. That hope ran out on Christmas day when she surrendered to her fatal injuries. We lost our precious Kelley.
Thankgiving’s without her, Chirstmas’without her and birthdays spent TWINLESS are the only family memories you have left us.…. forever.
Greg – We want this punishment to bring about the changes that are needed for you to become a responsible member of society. We can only hope that you learn from this tragedy. Please… use this opportunity to change your life.

Doug

Beiruty wrote:
If someone pulled a gun and start firing and killing one or two regardless if it he was under Alcohol or drug intoxication, what would be his punishment? Life with no parole? Why DWI Motors Murderers are treated differently?

Completely different. There is intent in your scenario. Not in this video.

The driver should most assuredly be punished - and severely, but it doesn't rise to the level of a death sentence.

And, for the record, I haven't had a drink since 1997 - so I'm not soft on DWI because "It could be me". But I do know a woman who killed two people in a DWI in the early 90's. She lives with that every day. And she has been a productive, law abiding citizen since the day it happened.

Now if you could prove that the driver went out to kill people, then you might get a harsher sentence.
Part of the reason you get harsher sentence the more you get arrested for Driving Drunk.
i still say first arrest of a DWI/DUI with Breathalyzer and blood test with a over the limit level you lose your license for 10 years, serve a year of Community service, and are banned from buying booze.

The problem with "loss of license" penalties is that the vast majority of the time, it doesn't stop anybody from driving, let alone driving drunk.

I don't think the above case is worthy of the death penalty, but that said, I do think that the reason so many people drive drunk is that the penalties for a first time offense are relatively mild. For many who, as cops, paramedics, or emergency room personnel, have spent years dealing on a personal level with the horrors of drunk-driving caused accidents, and not having merely discussed it in some detached manner like we are doing now, that horror is simply inexcusable. We know what causes these accidents. It is a behavior; and the consequences of said behavior are enormously destructive. Behavior can be changed, even when it is an addiction, and the addict has a responsibility to society to change their behavior so that society doesn't have to bear the brunt of their addiction.

I think a first offense is worthy of 1 year in prison. Nothing less, no parole, and no exceptions. And, I think that year in prison should be followed by court mandated surprise urine and/or blood tests for another 5 years, until such time as we can be reasonably assured that the behavior which caused the accident in the first place is not being repeated.

marksewil said: "I also think it comes to a "That could have been me" mentality, plenty of us have driven when, maybe we shouldn't have." He's absolutely right. Most of us probably have driven when we probably shouldn't have. I have, although thankfully, not in years. Let's face it, for those of us who are not addicted to alcohol, if we thought there was a possibility of spending a year in prison without any possibility of leniency if we got caught driving with an illegal amount of alcohol in our blood, we would either not drink, or we would employ a designated (sober) driver — because we would fear the consequences. That right there would eliminate an enormous number of arrests.

marksiwel wrote: i still say first arrest of a DWI/DUI with Breathalyzer and blood test with a over the limit level you . . . . are banned from buying booze.

How do you propose to enforce that? Make the individual walk around with a scarlet letter "D" (for drunk) on his/her outer garment?

Someone who really wants to get drunk can probably find someone to make a straw purchase for him/her.

LarryH wrote:

marksiwel wrote: i still say first arrest of a DWI/DUI with Breathalyzer and blood test with a over the limit level you . . . . are banned from buying booze.

How do you propose to enforce that? Make the individual walk around with a scarlet letter "D" (for drunk) on his/her outer garment?

Someone who really wants to get drunk can probably find someone to make a straw purchase for him/her.

Yes BANNING things doesnt stop people blah blah blah, but it sure doesnt make it easier.
As for the Scarlet Letter? Put it on your License, make them scan you license when you buy or drink booze.

MechAg94 wrote:What is the average sentence for a manslaughter or lower level murder conviction with no prior record? Intent and such are big factors in these cases I think. So is the idea that she is not likely to be a repeat risk.

It said she will serve at least 13 of the 26 years before being eligible for parole. I was thinking that is a pretty substantial sentence. IMO, I think you should compare it to a case of your being careless with a gun and accidentally injuring or killing someone. I don't think it is at all the same as capital murder.

IANAL but her sentences run concurrently, not consecutively, so wouldn't the max sentence of 16 years be the determinant factor for parole?
Any lawyers, procecutors, judges out there?

Most likely didn't get the max sentence cause it was a 1st offense. That 1st offense was sure costly to a lot of peoples lives not just the one who died. When are they going to learn; don't drink and drive. As an after thought: How did she walk away from that wreck? What I saw on that video looked like a really hard hit on both vehicles.

seniorshooteress wrote:.. When are they going to learn; don't drink and drive....

Once people, of all ages, learn unequivocably that actions have consequences, they will get the message. ITMT, get a rope!