Not guilty by reason of "He's suffered enough"

[Silverharp]

Original story here

Here's the results of the investigation: It was determined that the driver was .01% below the legal limit for DUI, and given the extent of his injuries (wheelchair bound for life, right arm broken in so many places he will never have full function again, in constant pain) it was decided that charges will not be pressed.

The EMTs also stated that he should have died, the kids should have lived given that they were properly secured in the back seat.

Disclaimer: I'm going to take this one personally, all. Even though her grandmother had custody, having been adopted the girl Katrina at birth, she was my step daughter.

I'm posting this here instead of at the DP forums because of how volatile the situation is.

[HYHYBT]

First, I'm sorry for your loss.

But I can see several reasons they might choose not to prosecute here, and yes, the subject line is one of them.

Being stuck in a wheelchair in constant pain for life is a far worse punishment (and an automatic one, at that) than the amount of prison time he'd be likely to get on conviction. Meanwhile, *getting* one would be difficult. Consider:

*Bare as it was, he *was* under the limit.

*Conditions were such that they might have caused a stone sober person to have the same wreck.

*The stuff in the article about previous offenses is probably inadmissible.

*A jury would likely be sympathetic. Not only is he crippled for life, but the kids were his family too. I don't know what the actual relations were, so far as how they got along or whether he cared a whit for them, but you can bet he'd at least be painted that way.

It also seems to me to come down to a question of what our justice system is for. If it's punishment, I for one can't think of any that would be worse than either losing the use of my legs *or* my actions causing the death of my niece or nephew, much less losing all three at once. Every once in a while, justice saves everyone the trouble by serving itself.

[Crazedclerkthe2nd]

Just because you are below the legal threshold for DUI doesn't mean you're A-ok to drive, even at a 0.07 or 0.06 you'll still be affected by the alcohol. For some people, the effect may be negligible and for others, more noticeable.

Point being, even though this person was below the limit he probably still shouldn't have gotten behind the wheel.

I'm torn on this because I am a big supporter of STIFF penalties for drunk driving.

While I'm not sure he should be in prison for the rest of his life, I think there should be punitive measures. What those should be I'm not exactly sure of, but regardless of his injuries I think it's wrong to let him off completely.

[Andara Bledin]

What those should be I'm not exactly sure of, but regardless of his injuries I think it's wrong to let him off completely.

I'm curious as to what end any further punishment would serve.

One of the standard punishments is loss of license. Considering his physical status, that would be utterly redundant, as he will be losing it anyway.

Another is jail time. That wouldn't even be able to be started until he's healed from the accident, and the costs of accommodating his new disability while in jail would be onerous to the state and, honestly, a waste of resources.

^-.-^

[Silverharp]

Point being, even though this person was below the limit he probably still shouldn't have gotten behind the wheel.

That's the thing, he admitted to drinking not before he took the kids on the drive, but while he was waiting for them in the library because he got bored

And I know, I'm emotionally invested in this one. Never met her personally, but she was my wifes daughter and we still kept in touch.

But I've seen this played out before too many times. Drunk or otherwise impaired driver ends up killing someone or someones and they get let off because "they've suffered enough".
Hell, even sentacing them to community service, go to schools, be the posterchild for "this is what driving drunk gets you"

[HYHYBT]

If showing what drunk driving gets you is the aim, a photo of him in a wheelchair and cast by a couple of gravestones makes a better visual than a jail cell.

[blas87]

Hate to keep bringing up this subject, but part of the reason my ex hasn't spent more than a couple of days in jail (the ones he has were for violating his bond, which he's only sat in jail until his lawyer got him out, NOT for the original crime) was because he "suffered so much" in his drunk driving car accident.

Although he was many, many times over the legal limit. And did suffer quite a bit, let me say: He hasn't learned. So no, he hasn't suffered enough. As soon as his body healed back up and I broke up with him, he was back to binge drinking, partying, he's been caught TWICE violating his bond. And every time he gets caught, he's outta jail, given another bond, and is free to do it all over again.

So no. I don't go with "suffered enough" for anyone involved in something like that.

[Greenday]

So no. I don't go with "suffered enough" for anyone involved in something like that.

Paralyzed for life, arm broken so badly it'll never be right. This wasn't some thing where he can just recover and go back to life as usual like your ex.

[blas87]

I have no tolerance for drunk driving, really in any case.

[Andara Bledin]

Paralyzed for life, arm broken so badly it'll never be right. This wasn't some thing where he can just recover and go back to life as usual like your ex.

Don't forget the chronic pain for the rest of his life, too. I'd rate that as being worse than the arm, and possibly the paralyzation, too.

^-.-^

[Greenday]

I have no tolerance for drunk driving, really in any case.

So what do you think the justice system should have done? He can't drive again so it's a sure shot that he never does it again.

[blas87]

He can serve house arrest (with priveleges) or do some kind of community service in replacement of jail time.

I'm not a total monster demanding he go with the big boys who do the same thing but walk away unscathed.

But it was a dumb thing to do and others suffered nonetheless.

[Greenday]

He can serve house arrest (with priveleges) or do some kind of community service in replacement of jail time.

House Arrest - Because there's so much he can do in his current state. Go to Six Flags, ride some roller coasters, some go-kart racing. Go bowling. Play some golf. Oh wait, he can't because he can't walk or use his arm.

Community Service - What kind of community service do you suggest? Picking up trash? Serve food at a food kitchen? Help out at charity events? Maybe he can go paint some buildings that are covered in graffiti. I know! He can help build housing for the homeless!

[jackfaire]

So what do you think the justice system should have done? He can't drive again so it's a sure shot that he never does it again.

Only way he can't drive is if his license is revoked but even that wouldn't stop him from driving. They make vehicles for people in wheel chairs. One of my folks friends has one he drives all the time.

[blas87]

Community Service isn't always manual labor. In fact, it's usually better served when you can help someone else without having to clean something up for them or make them something or give them something.

He could go to schools and those alcohol classes that drunk drivers have to go to through court orders and be a guest speaker. Just going from town to town can eat up several hours in a short period of time. That's something that a lot of people do without even being told to do, to try to get other people to realize the dangers.