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Post by thelma on Apr 10, 2008 19:47:07 GMT -5
www.uticaod.com/news/utica/x450929944What the hell is wrong with our legal system where a known drunk with a previous DWI conviction and on Probation for it, still drinks drunk once again. This time he ran over a 11 year old boy who is still suffering from brain damaged due to the injuries he suffered when this drunk ran over him. The maximum time this drunk will have to remain in Prison will be 4 years - probably will be released and put on Probation again after he only serves 2 years. The boy will be suffering from his injuries all his life! Where is the "Justice"? How many more people is this drunk going to hurt or kill before they lock him up for at least 20 years?
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Post by WestmoGuy on Apr 10, 2008 19:53:19 GMT -5
Total crock of crap. Way too many people get off
easy with DWI Convictions. All this plea bargain bullshit
is quite ridiculous.
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Post by dgriffin on Apr 10, 2008 20:00:23 GMT -5
Do you remember when hardly anyone was arrested for DWI? Today it's a different story (thankfully), but the effect on the courts has been overwhelming, I'm told. In Ulster county where I live, the DA had a "no plea bargain" policy, except for DWI ! Reason? He didn't have the personnel to prosecute the huge volume of drunk driving cases. His ADAs had to go out to all the town courts for the lesser charges and mount complete cases for the felony DWI's. When I sat on Grand Jury some years ago, MOST of the cases were felony DWI. And by the way (Swimmy, are you listening?) what a boon all these cases are to the legal community. It must be like printing money.
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Post by WestmoGuy on Apr 10, 2008 20:08:12 GMT -5
Oh I remember well my younger years. Nobody gave a crap about DWI,
till so many people starting dying on our local roads.
I like that No Plea Bargain policy.
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Post by thelma on Apr 10, 2008 20:12:17 GMT -5
Don't ever get a DWI in the State of Massachusetts! They are very tough! If convicted on a DWI charge - your license is suspended for 6 months. There is NO Conditional licenses issued like they do here in NYS.
They don't care if you are a Truck Driver or have to drive to get to work. Their thinking is you should have thought of that BEFORE you drank too much!
The second DWI is a one way trip to Jail for 1 year!
They don't play all the games the Courts allow here in NYS.
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Post by bobbbiez on Apr 10, 2008 22:13:52 GMT -5
 This is been a wrong for so many years now.  The best thing I can suggest is for all to write our legislators and demand tougher sentences for DWI's. We can support the Mothers Against Drunk Drivers who need more people to lobby with them in Albany to get this much needed message across. The more confronting our legislators the quicker things will get changed. Like I've stated many, many times. We have to all get involved bodily if we want to improve the wrongs in this world. 
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Post by Swimmy on Apr 14, 2008 11:44:53 GMT -5
Back in the day, it was presumed that intoxication was a complete defense to an intent-based crime or civil suit. Today, it is still a complete defense (if the defense is proved, the case has to be dismissed as a matter of law) for specific-intent crimes, e.g. murder 1st. The rationale was that you were too intoxicated to develop the intent necessary to commit the crime.
Modern approaches try to use a hybrid "transferred intent" theory whereby you intended to drink until you were intoxicated and you intended to drive that vehicle, therefore you intended all the foreseeable results from those intended actions.
It is this approach that I make my argument for ALL dwi arrests to be felonies. Once everyone realizes they're facing a year imprisonment, minimum for getting behind the wheel drunk, you'll see how quickly those dwi's dry up. Any accident caused by dwi should either be vehicular manslaughter, attempted vehicular manslaughter, or assault with a deadly weapon.
I am disgusted with the lackluster approach our courts have toward dwi cases. I don't care how many people would be put in jail. All it would take is one example case made very public. Have it be the lease offensive dwi arrest and make sure you can pick a jury to make it stand. I can already drum up one hell of a closing argument for it!
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Post by thelma on Apr 14, 2008 12:17:29 GMT -5
Swimmy - back in the mid-60s when I was an employee of the 4th Judicial Dept (NYS Supreme Court), I remember going to a Christmas Party where other members of the 4th Judicial Dept were celebrating via an Office Party.
I was shocked to see how many up standing Judges, DAs, and other Court personnel that were highly intoxicated at this party being held on an afternoon during the week.
Could this be the answer to why NYS has not passed tougher laws re. DWI conviction? Remember, these laws are made and passed by the same people that were at this party - LOL!
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Post by Swimmy on Apr 14, 2008 13:24:52 GMT -5
Yes, that is a reason why: they all would be guilty of dwi. Sad, but true. Just like why so many other crimes are not changed. Either they, family members, or friends would be guilty and then they'd look like jackasses for passing a law that even they can't follow, kills re-election and no one likes the "do as I say, not as I do" philosophy.
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Post by jrcummings on Aug 31, 2008 16:51:42 GMT -5
DUI laws are weak everywhere. It's sad that if you want someone dead all you have to do is grab you a few drinks and wait for them to cross the street. You get less time than shooting them. DUI laws have always chapped my ass, when I was a young SGT I met a guy who killed 1 soldier and severly injured another. While he was awaiting his Court Martial he ended up getting 2 more DUI's with an intoxication level that was through the roof. He ended up getting 5 years for the death, so right now he's a free man. I'm sorry I just can't see someone killing another human and basically getting away with it.
This is actually funny, before I joined the Army I had to go to court in Marcy. There was a guy there on a DUI conviction and he came drunk, he was wreaking of alcohol. He parked his car out of sight, paid his ticket got in his car and drove off. The court clerk couldn't believe it. They called the NYS troopers but I don't know whatever came of the situation.
I'm seriously behind on my posting aren't I?
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Post by rickolney on Sept 7, 2008 20:38:29 GMT -5
Why yes, you are. ;D
I'd actually give a mandatory 90 days in the OCJ. I would also give 6 months community service AFTER that 90 days and remove ALL rights to EVER having a driver's license again.
In cases of loss of life -- automatic felony.
Thank you, btw, for your service to our country.
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This is been a wrong for so many years now. 
