30 Year Maximum For DUI Manslaughter

[KendrellJones]

The Miami Herald today ran a story of a girl, 20, who was charged with DUI Manslaughter. She was drunk (3 times the allowable blood alcohol per test). She hit a man, killing him, then left the scene of the accident. Later she refused a breathalyzer test.

In her court hearing today, there was a mention that she faced a maximum of 30 years in prison.

Only 30 years? Had she killed someone with a gun, for instance, wouldn't it be higher?

I am no maven of the law but this bothers me. I wasn't an intentional act - first degree - of course. Is that the mitigating circumstance?

A witness to the hit and run followed her begging her to stop. She refused. As she pulled into the driveway of her condo he again begged for her to stop. Again, she refused.

This to me is beyond horrible.

Do DUI Manslaughter rules need to be reconsidered? Anyways, JMHO

[Lawdog88]

Most likely a total of 30 years for the manslaughter coupled with leaving the scene of an accident resulting in death.

[PIMking]

Considering that she is only 20 and shouldn't be able to drink the penalty should be even stiffer

[MichiGator2002]

The law currently doesn't classify her mental state as one commensurate with murder, is why. Now, I have argued before that certain circumstances of vehicular manslaughter should be included in the depraved heart classification of murder -- that as a matter of law if it is proven that one intended to drink to intoxication and intended to drive home that they have shown the requisite intent for murder if they do in fact kill someone.

[Swampmaster]

Originally Posted by KendrellJones

Only 30 years? Had she killed someone with a gun, for instance, wouldn't it be higher?
JMHO

Intentional killing with a gun is treated differently than a negligent killing with a vehicle

[KendrellJones]

Swampmaster? Where did I mention "intentional killing with a gun"?

This is a manslaughter level crime.

[GatorAbe7]

Plenty of premeditated murder convictions don't results in sentences spanning more than two decades. I don't know why vehicular manslaughter would warrant more.

[wargunfan]

She probably won't get 30 yrs. and if she does it will most likely be reduced somewhere in the future. When she walks out of prison her victim will still be dead due to her poor decisions. Driving is a privilege, not a right. I have no sympathy for those who carelessly take a life because they are driving drunk.

[g8rjd]

Originally Posted by MichiGator2002

The law currently doesn't classify her mental state as one commensurate with murder, is why. Now, I have argued before that certain circumstances of vehicular manslaughter should be included in the depraved heart classification of murder -- that as a matter of law if it is proven that one intended to drink to intoxication and intended to drive home that they have shown the requisite intent for murder if they do in fact kill someone.

Under certain circumstances, it can be. For example, driving on a highway in traffic in the opposite direction or intentionally driving a vehicle into a crowd of people by a voluntarily intoxicated person will likely get them a sustainable murder charge.

But for a typical DUI man (yes, sadly I used the phrase "typical DUI man"), life is probably a bit much. Florida's DUI laws are stiffer than most jurisdictions. I have no concern that the offense is not sufficiently punishable when it is a DUI man w/ leaving the scene after death having a 30 year maximum.

[Swamp_of_Gators]

Donte Stallworth gets 30 DAYS in jail for DUI manslaughter in Miami. I don't think Leonard Little got any days in jail, just a few years of probation, I believe that was in Arizona.

So her problem is she isn't in the NFL.

[OaktownGator]

While i share the concern that DUIs be adequately punished, I think people push on this particular type of impairment out of proportion to other types...
- like people on cell phones which various studies have shown to be MORE dangerous than people driving at illegal BA levels
- or people who've eaten themselves into a virtual coma (super size me!), or for whatever reasons are too sleepy/lethargic to safely drive
- or people on various types of prescription medication
- or people with poor vision and/or poor reflexes
- or people without the mental and emotional capacity to make quick effective decisions in emergency situations

Drivers have to respect the fact that they're responsible for a two ton fast moving object. Killing or injuring someone for any of these other reasons is no better than killing or injuring someone because of DUI.

I think we should expand DUI to include consumption of fast food, medications that impair you, and mental or physical impairments that impact you such that you driving behavior is akin to someone impaired by alcohol.

And then set appropriate sentences. If we really think 30 years is appropriate for someone drinking a couple of beers and being involved in an accident, then 30 years it should also be for the guy who super sized his Mickey D's lunch and got involved in an accident, or grandma who's blind in one eye, and has the reflexes of a tree sloth.

Impaired is impaired.

[g8rjd]

Originally Posted by OaktownGator

And then set appropriate sentences. If we really think 30 years is appropriate for someone drinking a couple of beers and being involved in an accident, then 30 years it should also be for the guy who super sized his Mickey D's lunch and got involved in an accident, or grandma who's blind in one eye, and has the reflexes of a tree sloth.

Impaired is impaired.

That is the maximum sentence. In Florida, the minimum sentence is established by a punishment code based on the designated offense severity, criminal history, and circumstances of the offense. The judge has the choice of where to sentence in that range.

[OaktownGator]

Originally Posted by g8rjd

That is the maximum sentence. In Florida, the minimum sentence is established by a punishment code based on the designated offense severity, criminal history, and circumstances of the offense. The judge has the choice of where to sentence in that range.

I gotcha... pulling the 30 years out of it, I just think we should treat all forms of impaired driving equitably at whatever the sentencing levels are.

Impaired is impaired.

And from what I can tell anecdotally, people on cell phones are easily the most dangerous drivers on the road.