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152852 tn?1205713426

DWI Deaths: Is It Murder?

I watched a segment last night on 60 Minutes and was wondering what your thoughts are on this:
http***www.cbsnews.com/stories/2008/12/31/60minutes/main4694666.shtml

This family lost their 7-year old daughter.  The mother looked down after the crash and only saw her daughter's head.  It was horrific.  The man was tried for murder and some thought that was wrong, claiming that it was not intentional.

What do you think?
64 Responses
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495284 tn?1333894042
Well i will just add my final thought on this one.......if everyone would take responsibility for their actions we wouldnt be discussing this sort of topic.  You drink you drive you kill someone......suffer the consequences.....
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Avatar universal
It is not about taking responsibility...........

It is about wether the crime should be called murder. If u driink and drive and kill someone....should the  offender be called a murderer and do time in accordance with what a murderer would do.

And, everyone knows eating while driving isnt illegal.  But, it is distracting.....your mind wonders......like when we talk on cell phones, text, put make up on, etc while driving.  It is all an interference to our minds.
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93532 tn?1349370450
Eating while driving isn't against the law...drinking while driving is. Therein lies the difference.

Eating while driving does not physiologically cause severely delayed reactions that last beyond dropping the burger or swallowing the last bite of food...alcohol does.

The two simply cannot be compared.

And no one wants a bar in their neighborhood because alcohol leads to a whole slew of negative problems and lends itself to a seedy environment. Take a taxi.

This is one of those where no one will change their stance. Nothing that can be said will change my views and I am sure nothing I say will change another persons views.

I suppose my feelings on this are slanted, alcohol consumption has been the leading cause of death in my family and at the source of much strife. My paternal grandmother was dead at 50, my maternal grandfather dead at 36, my own real mother dead at 48, my cousin dead at 28...all alcohol related deaths.

And again, use of substances does not negate intent or culpability. Otherwise that could enable the SOB who raped me to claim he held no responsibility for coming into my home, brutally raping me, nearly smothering me to death, and leaving me with a severe concussion. But hey, I guess since he smelled of booze that must have meant he was under the influence and should not be held liable should they ever catch him.

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428506 tn?1296557399
Great post.  Thank you for sharing your ideas and the story of your friend.

Just today, I was dirving and noticed the person in the large SUV to my left was using a laptop while driving.  They had some sort of mounting device to hold up the laptop from the dashboard.  The person was scrolling with one hand, and holding papers and the wheel with the other hand.  This was on a 6-lane road during morning rush.
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Avatar universal
"But a person who chooses to drink, and then gets behind the wheel of a car, is doing so knowing that great bodily harm to him/herself or others may result."

peekawho,

The only thing I didn't see mentioned in your statement is that an impaired person isn't thinking straight and therefore, their judgment is off. Can they make an informed decision while they are impaired ? My thoughts.... no.

I saw the 60 Minutes segment and I had mixed feelings on it.
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127124 tn?1326735435
Swampy- great post!
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Avatar universal
Great post.........

I never thought about eating, talking on cell phone etc  as being aggravated factors...no diff than drinking.  

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389974 tn?1331015242
Lots of people drive, and many of them do so in an unsafe manner. They speed, they talk on their cell phone, they eat, they haven't gotten enough sleep the night before, they are going too fast for conditions, etc.

Or they are drunk.

What if someone hits and kills a chold, and it is later found they were eating pizza or talking on their cell phone. Would that be a murder? Many times, the death will be written as an accident and there will be little or no punishment.

A friend of Swampy's was killed this way. Swampy's friend was on a bicycle. It was dark and raining that night. An 84 year old man hit him. Though Swampy's friend was wearing a helmet and had all the latest safety gear, he died instantly.

The man wasn't drunk, but left the accident, he claimed later, because he wasn't sure if he had hit someone.

Charges? None. Loss of driver's license? None.

Swampy believes that we incorrectly think of alcohol as the cause of accidents. It is not, it is an aggravating factor, one more stress on the driver.

Some states have a crime called vehicular homicide that is designed to prevent serial bad drivers, be they drunk or not, from continuing to remain a safety risk.

What can be done? Putting someone in jail will never bring back the dead. The justice system should be less about revenge.

One problem is that in many parts of the country, establishments that serve alcohol are in locations where people need to drive to reach them. That is silly, they should be located within residential neighborhoods so people that want alcohol can walk to a place in the neighborhood.
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208686 tn?1293030503
Yes it is!
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159063 tn?1247272817
This is a tough debate. It all depends on what side of the fence you happen to be standing on. If someone was drinking and drove and KILLED MY FAMILY, then I would say it is murder, and so would all of you, however, if it was my teenage daughter and she did the same thing I would be devastated and call it an accident, and dont ruin her life by throwing her in jail. etc...  it doesnt make it right or wrong, its just wherever you are when the unfortunate happens. Thank god, this has never happened to anyone I know, however, My nephew was killed by a gun, by his friend at a party, at the age of 19, they were not drinking, they called it criminal neglient homicide, and the guy got one year in jail, was it an accident I will never know, from what we were told htey were fooling around then they got into a small argument over a girl, the guy who shot my nephew said, it was an accident, a mutual friend at the house said it was not an accident, To me and my family it was MURDER, so you see it all depends on what side of the victim fence your on
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Avatar universal
Well....this  guy i worked with---he was drunk. Got in his car. Realized he was too drunk too drive....(he put his car keys in the ignition though)....he then passed out in his car....(again, keys still in ignition)......a cop came up to the car in the middle of the night......talked to my friend and my friend was totally honest about it.  The cop did arrest him...BECAUSE of the keys in the ignition.  Supposedly, had the keys not  been, he'd have been alright.  But, the keys showed intent to drive or something.....
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Avatar universal
Couple things..........For starters....i never stated that loosing your license due to drinking and driving (along with jail time, rehab, etc) IS punishment enough for drinking and driving which results in someone loosing their life.  I know u dont know me....but, even if i did think that...do u think i would say that here? where...chances are....everyone on here knows someone that was killed dy a drunk driver or knows someone that knows someone that was killed by a drunk driver.  that sounds so stupid. What i said was the punishment someone receives for drinking and driving IS harsh...at least the area where i live.  We have a "no tolerance" and my city/township writes the MOST DUI tickets in the united states.  So, for the basic crime of a dui that someone commits...where there are no accidents or deaths involved....i feel as though the punishments that are given are strict.  Now, if a drunk driver KILLS someone....that is a different, completely different story...in terms of what the punishment should be.  I DO think the drunk driver should go to jail. I DO think the drunk driver should loose his license FOR LIFE....and that's just the beginning......

Next issue.....................absolutely the thought of me going to jail for a DUI scares the hell out of me.  No doubt.

Next issue....u said something along the lines of  "before i plop my butt down next time drunk"  or however you so kindly put it....well, let's see.....when i say i drank and drove ONE time and got caught...i swear on everything holy and sacred to me that that's the truth.  I was SO against drinking and driving and to this day i have no idea what possessed me to do that.  After i got my DUI, and i called my friends and family and told them, u should have heard the shock in their voice.....i mean, everyone KNEW i drank...alot...BUT, with my stand on drinking and driving.........nobody could believe it happened to me.  I was going thru a HORRIBLE personal time during that time.....and, in a way, i feel as though a higher up did it to make me open my eyes and get my life together..........WHICH is E-X-A-C-T-L-Y what happened to me. Somebody above mentioned that statistics show the punishment of crimes doesn't deter someone from making that crime again..........and, that may be true.  But, not in my case. It worked completely for me.  I was so scared. I was so disappointed in myself. I felt like such a let down to my family. I felt guilty. I was ashamed.  I vowed to NEVER do it again. And, i have never done it again.  

Finally......................what in God's name is making u say i am bragging about it??????




I AM NOT DEBATING THE ISSUE OF IF A DUI IS A BAD THING.  IT IS!!!!!!!!!! Go read my post before you make comments like that.  What i am debating IS if it should be called murder vs manslaughter.  THAT IS IT. I am saying that murder means with intent or malice.  Drinking and driving.....would not be with malice/intenet...iunless of course the person plans on getting wasted and then killing someone they know or a stranger.  However, that has never been a reported case to my knowledge.


To drink and drive is selfish. Completely irresponsible and selfish. Then, if someone kills someone as a result of it...that is horrible and pure pain.   I know how it feels...my brother was killed by a drunk driver...so, please do not imply that i am not understanding, compassionate or whatever emotions u feel i should display in regards to this.  

Even with my brother being killed by a dd, i am able to take the emotional part out of the scenario.....and deal strictly with facts.  And the fact is....the guy that killed my brother got drunk and made a horrible horrible decision that not only affected my life and my familys but his own the rest of his life. He was at a bar, drank too much but thought he was ok.....obviously wasnt..........and my bro paid the price. However.......he did NOT plan to do it or do it with intent on hurting my brother. He just made a stupid stupid decision that he made all the time...with no consequenses but a bad a s s hangover the next day....until that one fateful night. To my knowledge, he learned his lesson too.   HE lives in FL and goes around to youths and preaches the consequences of drunk driving....and, im ok with that.  I know he is sorry. And i forgive him.  And, now he educates people on the topic and for that i am greatful.

Sooo, please go re-read my post.......this debate was about what to classify the crime as.  NOT anything else.





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152852 tn?1205713426
Cheyenne, I don't want to speak for BH, but I didn't get your comparison either and I was understanding BH's point as being that the outcome with your friend would likely have been the same even if she weren’t drunk (had she been sober while struggling with someone who was drunk, and likely stronger than her, who had a loaded gun)—whereas a drunk driving fatal accident likely would not have occurred had the driver been sober.  Had your friend been drunk and firing a gun in the house and a bullet hit her husband and killed him, that may have been a better comparison.  What, from your legal perspective, would likely have happened to your friend in that hypothetical situation?
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193609 tn?1292180293
It is a comparison that fits....everyone says that because the person was drunk, and got in an accident that killed someone, it was murder. Being drunk does not make an accidental death murder, period.
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365714 tn?1292199108
Is there a way to charge it as a crime right as a drunk driver starts the car and is about to drive off?  That's where it matters most, BEFORE any lives are lost.
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152852 tn?1205713426
I think you may be on to something Savas...over the years, I have heard of many people who have had more than one DUI/DWI (I'm from a family of police officers).  All the fines, months without a driver's license, house arrests, higher insurance rates, probation, etc. really do nothing to deter.  And I think that most people realize that drinking and driving (even without an accident) can cost them a lot of money, inconvenience, possibly their job, and in turn their home, but many people do it all the time anyway--repeatedly.
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Avatar universal
So the thought of going to jail for murder scares you more or less, right?  From what you said, incase you forgot here is your quote, "And, after someone is cited with drinking and driving...they do take responsibility for their actions, hopefully. Pay fines, go to court, go to rehab, loose their license, go to jail, insurance rates go sky high.  I know...because again, i went thru it."  Meaning basically that you want the option to drink and drive and not be considered a murderer if you happen to take a life the next time you plop your drunk butt behind the wheel and drive.  Forgive me if that sounded harsh to you.  Forgive me for saying this if you are now sober and do not do these things.

I am stunned that you think that losing your license and having to take a few measly classes are punishment enough for drinking and driving and KILLING someone because of it.  Please pray that you are never on the receiving end... that one day you are not the one hit by a drunk driver and lose your life, or lose your motor functions or god forbid the life of a loved one that may have been riding with you.  

In NC you cannot drive and use your cellphone.  You are not allowed to drive a motor cycle without a helmet.  When a law officer has someone pulled over to the right on the highway you MUST move to the left hand lane... that is the law.  You must wear your seatbelt, or you are ticketed.  These laws are put into place to protect lives.  

If someone drinks and drives their vehicle becomes a weapon.. it is their choice to use it to harm someone or just wait it out and hand over their keys as Agiesmom has stated over and over.  Yet you keep debating because you've been there and done that, like it is something to brag about.  You got away with your life, but many others are not as lucky.
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228686 tn?1211554707
Someone mentioned deterrence...?

fifty to sixty years of studies and statistics have shown that imprisonment, harsher sentences, etc... does NOT deter someone from committing a crime in the slightest.

Lets call a spade a spade, folks.

Our penal system is straight out revenge punishment, nothing more, nothing less. It teaches no lessons, improves no one's lives, and offers no satisfaction to the victim's families.

It DOES, however, put lots of money into the pockets of an elite, select few.

Which is why I'm a firm believer that we should use the old Celtic/ Saxon form of compensation for crimes committed. It was a MUCH more successful system than our present system is.
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Avatar universal
Actually, an accident is defined as disaster which is specific, identifiable, unexpected, unusual and unintended external event which occurs in a particular time and place, without apparent or deliberate cause but with marked effects.

Hey, anyone on here knows how i am. I am ALL FOR taking responsibility for your own actions...always.  I don't know how many debates i get into about preg girls taking pills....is addiction a disease....blah blah blah.  And, after someone is cited with drinking and driving...they do take responsibility for their actions, hopefully. Pay fines, go to court, go to rehab, loose their license, go to jail, insurance rates go sky high.  I know...because again, i went thru it.

But, this debate ISNT about taking responsibilty for actions, is it?  I believe the debate is about if it should be considered murder.  If u read what murder means....by law and by definition, it is basically death as a result of MALICE or INTENT...drinking and driving and then killing someone as a result does not mean it was done with malice or intent.  Therefore...why would u label someone a murderer??????? when u hear someone "murdered" someone else.....u dont think about a drunk driver. You think about someone shooting, stabbing, etc to someone else. Murder is when u meant to end someone's life. And because someone is stupid to drink and drive...that hardly means they meant to end someone's life.

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495284 tn?1333894042
Thank you!!!!   Either drunk or high we should be held accountable for our actions.......if i drive to the store and end up crashing with someone that is an accident........if i sit and drink or take pills and get into a car and drive and hit someone that is not an accident.......your playing with fire when you do that.......we can call it whatever we want but in these cases innocent people die.  There is no excuse.
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Avatar universal
The warnings are on labels for a reason... so yes, if a death occurs because of popping pills then I would consider that murder as well.  That is why they are required to post the side effects of medications.  

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Avatar universal
"During the struggle, the gun discharged, and he was shot in the chest, and died. Should she have been charged with murder because she was drunk? NO...it was an ACCIDENT! Drinking and Driving is a crime, hence the DUI's and DWI's. But, that doesn't mean that an accident that occured while intoxicated equals murder."  That was a bad comparison.  Are you telling me that she would not have struggled to take the gun away if she were sober?  You do not need to give her an excuse for causing his death because he would be alive today had he not tried to kill himself.    

Getting behind the wheel of a car DRUNK should not be classified as an "accident" if a WRECK occurs while that person is intoxicated.  An accident is an occurance that happens when a person has very little to no control over the outcome.  A person who had a CHOICE to drink and drive, OR had a CHOICE to NOT drink and cause DEATH in the end should not have the right to label that occurance as an "accident".  Period.

The laws do need to change and so do the lawyers attitudes about the law.  As long as we have those few that will defend these people, we will always have those who walk away with a slap on the wrist and a simple DUI or DWI.
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Avatar universal
First of all....im not saying it's an accident in terms of ...like "oops, i forgot to pay my credit card this month"  Ok.  That's an accident.  I am just saying that when someone drinks and drives and god forbid they kill someone as a result of their decision, that is NOT murder.  Murder is with intent to hurt someone.  SO, you are saying that EVERY SINGLE PERSON who drinks and then gets behind the wheel of car has FULL INTENTIONS (hence the intent part) to KILL an innocent person?  Of course not.  

Look, killing someone because of drinking and driving is HORRIBLE. Nobody should drink and drive.  Technically, pill bottles like vicoddin, oxy, etc also state not to drive or operate heavy equipment either while under the influence of that medication.  But, i bet most people on here are completely functionable when they were  on pills.  That said, if you were on your DOC back in the day, completely fine--actually, u probably felt better to drive on it vs being in wd, you drive, ACCIDENTALLY hit another car, kill the person.....so you should be charged with MURDER?  No.  

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93532 tn?1349370450
Oh my goodness, you know the world is coming to an end when Malissa and I agree on something ;-)

Perhaps if the laws changed then the rates would go down. If the consequences are not great enough it will not deter the crime. Perhaps if these morons knew that they would be charged with murder if they hit and killed someone then they would not risk it. Perhaps if these selfish people knew that they would be charged with attempted murder rather than a DUI every time they got behind the wheel drunk, they would set aside some of their drinking money for a cab before the night began.

Bottom line is the laws need to change, they are not effective and the sentences are too lenient. Lives are taken every day as a result of drunk drivers with little to no real consequences for the driver. It is further compounded by the overwhelming lack of remorse for their crime.

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