Should DWI or DUI be considered attempted murder?

[OddBeMe]

Yes

No

Other

[msc545]

Not unless they can prove intent.

[OddBeMe]

Murder one is premeditated I think…(brain fast forwarding through law and order eps). I’ve read some states have murder 3 which is kinda above manslaughter but not really more jail time. I think just calling it murder would help decrease drunk driving. I don't know

[BoopBoopBeep]

Third-degree murder is a non-premeditated killing committed with the intent to cause bodily harm rather than death. It is only defined in the laws of three states: Florida, Pennsylvania, and Minnesota, but the issue there is it still needs the intent to cause bodily harm.

[msc545]

Thanks for MHO

[ThrillSeeker01]

Manslaughter.

[ThrillSeeker01]

Thanks for the MHO.

[BoopBoopBeep]

Well it lacks the intent for murder, but I do think it should be manslaughter more frequently

[OddBeMe]

True, that could be. But isn’t there negligent murder? Not caring so they drink and drive?

[BoopBoopBeep]

Depends where you are. Some places there's just murder 1, murder 2, manslaughter. I've seen manslaughter broken down into 3 categories (man 1-3) but I think generally I see 2 more (voluntary and involuntary manslaughter) with the difference being intent of ACT that caused the death, so dropping a piano out a window would be an involuntary act (man 2) whereas throwing a piano out a window would be man 1 because you meant to toss it, whether you meant to kill someone or not.

Then of course there's felony murder, but we'd have to make drunk driving a stand along felony, which very rarely it is, so I think that'd be the way you'd have to work it legislatively. And of course it would have to survive the challenges all the anti-DP groups would bring forth. It'd be a battle in some states more than the others, but I'm not sure if that'd align with the standard high-DP vs low-DP states since you have stronger distaste for drinking and driving in some New England states with far less DP than say, Texas, from what I've seen in my travels.

All of this is anecdotal though, since I've never looked at the sentencing data for cases where a drunk killed someone. I DO know there have been successful felony convictions for habitual offenders and there was some WWE chick that got 15 or 18 years for it, but that may be still relatively anomalous.

[OddBeMe]

True. Just feel it’s not given strong enough consequences. I don’t even need more jail time per se, just the act of calling it murder. Or manslaughter.

[BoopBoopBeep]

Yeah it is brushed off as virtually nothing too many times just because the a-hole managed to make it home without killing anybody. Gotta start cracking down on the non-fatality ones as well. Send a message you're not playing games.

[Sevenpointfive]

no. most people can drive fine while drunk. some can't. punish the one's that can't

[OddBeMe]

Sounds like you’re drunk posting.

[Sevenpointfive]

it's proven drinkers who habitually drink drive better than those who imbibe when they drink unfrequently. do your research.

there's actually funny research on this if you haven't seen it. they did this study on cops drinking and driving through a course.

[OddBeMe]

Oh I’m sure practiced criminals are better than first time criminals.

[BoopBoopBeep]

Serial killers are typically better at covering up crimes than people who do it once on a dare. That's gotta be the worst logic ever to ignore a repeat offender.

[Sevenpointfive]

then by y'alls logic attempted suicide should be attempted murder instead of a felony or no charge at all

[OddBeMe]

Suicide is illegal. If someone helps someone suicide themselves they in trouble. This one show did have a chick convicted of murder.

[Sevenpointfive]

suicide isn't illegal anymore. assisted suicide without a physician is.

[OddBeMe]

In America it’s still “illegal”. Just legalese so insurance doesn’t have to pay suicides.

[Sevenpointfive]

this woman stepped on a cat the other day in a business that let the cat roam. the bitch fell and sued for 2.3 million dollars. the insurance company dropped them and they have to shut down the business. insurance is a scam. you only get one fuck up.

[Snakeyes7]

Doesn't attempted murder have a specific victim? Who would the victim be in the case of just simply driving under the influence and no other person is involved?

[OddBeMe]

I’m not a legal scholar, but I think a school shooter or bomber who was foiled in his attempt would be charged with a guess of how many would have died, right?

[Snakeyes7]

I dont know either but school shooters deliberately (sober, not under any influence) go to the school with a weapon, which cars are not, and actually try to kill people.

Drunk drivers are idiots who have their judgement impaired and think they are ok to drive when they really aren't. It's not an intentionally malicious act which is why car accident deaths are called vehicular manslaughter and not vehicular murder.

[OddBeMe]

Cars have been considered as lethal weapons by courts. Not sure if it’s state by state thing…but it’s happened once for sure.

[Snakeyes7]

Even still, you'd have to prove intent for murder.

[Anonymous]

Murder requires intent to kill a specific person, not just the possibility that someone might be killed.

[OddBeMe]

There’s negligent homicide.

[OddBeMe]

I. e., second degree murder. (Law and order sound)

[exitseven]

No, but the penalties should be stricter especially after the first offence.

[OddBeMe]

Community service should be cleaning up car crash victims.

[exitseven]

yeah, that would work for me.

[Anonymous]

I don't drink but I know you can be DWI just from drinking the night before, that's still in yours system

[OddBeMe]

Obvi in context. But you have still have over.08 the day after and have no affects of the alc?

[Opinion Owner]

It can be tricky and a lot of factors.

[OddBeMe]

For sure. But like the nutter above, there are people with long history of dui’s who are obvi drunk as hell and driving. They just hadn’t killed anyone yet when pulled over.

[BoopBoopBeep]

You'd have to damn near have alcohol poisoning to be blowing.08 24 hours later. If you mean still get DWI the morning after drinking, yeah, yeah which is why if you're binge drinking you shouldn't drive.