Misdemeanor DUI?

[True Grit Farms]

http://www.foxnews.com/sports/2018/09/1 ... e-say.html
This guy needs to be charged with attempted murder in the first degree.

 

[Son of Butch]

Apparently you value trash cans and property damage more highly than I do.
.17 may sound really high, but I remember when under .15 was legal.
Attempted murder in the 1st degree involves intent and unless there was someone hiding behind the stop sign
he ran over who he was intending to kill, I can't follow your reasoning for a 1st time offender.

Then again I support the death penalty for 1st degree murder and take that charge more seriously than some people.

 

[JMJ Farms]

I don’t know about attempted murder. Not up to date on the details of that charge. Maybe.

But, regardless of what the law used to be it is now .08. Doesn’t mean we all have to agree on whether or whether not that’s an acceptable number. It’s still the law. Just bc he got lucky and didn’t run over anyone is irrelevant imo. It should be treated as if there were pedestrians on the sidewalk when he was coming by. I’m no DA. And I’m not saying he should hang. But the penalty should be more than a misdemeanor. But this is only my opinion and it’s worth exactly what I charged for it.

 

[Son of Butch]

You don't know the difference between intending to murder and hitting trash cans with your car?

 

[greybeard]

:hide: Trashcan lives matter too..... ?

 

[True Grit Farms]

You don't know the difference between intending to murder and hitting trash cans with your car?

I know the difference between being drunk and having a few to many. Driving on sidewalks drunk is attempting to murder someone. Just dang lucky no one was hurt because he can't control his actions.

 

[JMJ Farms]

Never understood the whole 1st offender thing either. If a drunk runs over my wife and/or kids I don’t really care if it’s the first time he drove drunk or not. Result is the same.

 

[greybeard]

Agree with you JMJ. And most people that get dui all 'think' that at worst, they just had 'a few too many'.

Back in the day, when I was younger and a whole lot more stupid, I've driven under the influence..a few too many. Only, by pure dumb luck and the watchful eyes of the Lord did it not end up tragic. Scares me now, to even think about it.

 

[boondocks]

Anyone driving with a BAC that high likely has a problem. Throw the book at him and maybe he'll get help for it, before it's too late for an innocent person (or himself for that matter).

 

[Son of Butch]

Anyone driving with a BAC that high likely has a problem. Throw the book at him and maybe he'll get help for it, before it's too late for an innocent person (or himself for that matter).

Attempted murder in the 1st degree???????????????????????????????????
or should courts only look at facts?

5 beers = .17 for 180 lb man
4 beers = .17 for 160 lb woman

subtract .01 for every 40 minutes starting from 1st drink to sober up
takes 11.5 hrs to reach 0 from .17
takes 6 hours from first drink to reach .08 from .17

 

[True Grit Farms]

Anyone driving with a BAC that high likely has a problem. Throw the book at him and maybe he'll get help for it, before it's too late for an innocent person (or himself for that matter).

Attempted murder in the 1st degree???????????????????????????????????
or should courts only look at facts?

5 beers = .17 for 180 lb man
4 beers = .17 for 160 lb woman

subtract .01 for every 40 minutes starting from 1st drink to sober up
takes 11.5 hrs to reach 0 from .17
takes 6 hours from first drink to reach .08 from .17

Running into several objects is what got him caught not .17. And this clown was apparently a big man being a backup NFL center. This kind of stuff is easily preventable.

 

[Son of Butch]

Intent to murder?????????????????????????
Who was he intending to kill?
Maybe we should have professionals pass judgement and not just any rum-dum off the street... we could call them
Judges.

 

[Son of Butch]

2 beers = .09 for 140 lb woman
3 beers = .09 for 200 lb man

5 beers = .33 for 100 lb woman
5 beers = .12 for 240 lb man

chart that I found only goes from 100 - 240 lbs
and 0-5 beers

 

[JMJ Farms]

Intent to murder?????????????????????????
Who was he intending to kill?
Maybe we should have professionals pass judgement and not just any rum-dum off the street... we could call them
Judges.

Ok. I’ve got it figured out. Felony DUI with an unintentional attempted murder in the 1st degree. He unintentionally attempted to kill anyone who happened to be in front of him. But wait a minute. He intentionally broke the law when he intentionally consumed over the legal limit of alcohol to operate a motor vehicle on a public road and then he intentionally decided that the rules didn’t apply to him and he intentionally got in his vehicle and started driving. I’ve confused myself.

Ok. I will go with this solution. I think he should intentionally be punished with something besides a misdemeanor.

And FWIW, a large majority on this board would make better “judges” than some of the people we call “judges”. Most judges and lawyers are simply master manipulators of laws. Bend it till it breaks. :tiphat:

 

[Son of Butch]

Who was he intending to kill?
Maybe we should have professionals pass judgement and not just any rum-dum off the street... we could call them
Judges.

Ok. I’ve got it figured out. Felony DUI with an unintentional attempted murder in the 1st degree.
Most judges and lawyers are simply master manipulators of laws. Bend it till it breaks. :tiphat:

You are right all other humans would behave perfectly compared to judges and lawyers.

Before you apply to be a judge and start 'throwing the book' at 'em.
murder 1 carries a max of death penalty or in some states life without parole
murder 2 carries a max of life in prison
unintentional murder is involuntary manslaughter.
Hitting a trash can is called property damage. But if you want to bend it to murder 1 have at it, but understand you're
no better than the lawyers you call master manipulators of laws.

 

[JMJ Farms]

Who was he intending to kill?
Maybe we should have professionals pass judgement and not just any rum-dum off the street... we could call them
Judges.

Ok. I’ve got it figured out. Felony DUI with an unintentional attempted murder in the 1st degree.
Most judges and lawyers are simply master manipulators of laws. Bend it till it breaks. :tiphat:

You are right all other humans would behave perfectly compared to judges and lawyers.

Before you apply to be a judge and start 'throwing the book' at 'em.
murder 1 carries a max of death penalty or in some states life without parole
murder 2 carries a max of life in prison
unintentional murder is involuntary manslaughter.
Hitting a trash can is called property damage. But if you want to bend it to murder 1 have at it, but understand you're
no better than the lawyers you call master manipulators of laws.

You kind of dissected my post and picked certain parts there Butch :lol2: I was mostly joking around. But I was serious about my opinion that he should be charged with more than misdemeanor DUI. I don’t even know if the law allows more. I just feel that DUI and misdemeanor shouldn’t be in the same sentence. That doesn’t make me right. It’s just my opinion. And I was serious about the judges and lawyers part. :tiphat:

 

[Son of Butch]

misdemeanor and felony property damage is based on $ value

Judges use pre-sentence investigative reports to find the facts of a case, not news articles which may or may not be
exaggerated and many on here even refer to as 'fake' news, yet want murder charges dxnm the facts, according to
their whim by skimming an article.

 

[Son of Butch]

Up in arms about wanting a guy hitting trash cans to be charged with murder 1.

Meanwhile ex Mpls cop Mohamad Noor is walking free more than a year after killing that Australian woman, despite
having been indited on 3rd degree felony murder and 2nd degree manslaughter charges 6 months ago..... with who
knows when he'll ever face a trial date and justice.

 

[boondocks]

For the record, Butch, I was not saying he should be charged with attempted murder. It does not fit the facts. I do think that when you drive with a BAC that high, it is only sheer dumb luck that no one got killed or seriously injured.
You don't need to overcharge on DUI; we just need to make the penalty phase tougher. No way should a DUI be a slap on the wrist.

 

[callmefence]

I don't know about murder but it should be a felony. along with other intentional and dangerous behavior while driving..........like texting, eating, putting on makeup. and speeding.