rrrr
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I've been thinking about this since last night. The laws regarding charges that can be made against drivers causing fatal crashes are laughably lenient. Typically you'll see vehicular homicide, intoxication manslaughter, and other versions that don't have the teeth of a murder charge.
Incidents like this one are straight up murder. In this case, I would argue a charge of first degree murder, in other words premeditated, would be appropriate, if the alleged actions against the driver are accurate. It appears the driver chose to be impaired, chose to vastly exceed the speed limit, and chose to ignore a traffic signal.
In Texas, an intoxication manslaughter conviction calls for a sentence of 2 to 20 years and a $10,000 fine. Most sentences I see are around 5 years. That's a f###ing joke. Manslaughter in Texas is legally defined as unintentionally causing a death. I think killing someone while driving drunk is an obviously intentional act.
When a search using the term intoxication manslaughter is made, the first two pages are ads from legal firms that assure the reader they aren't a bad person, they really didn't mean to kill someone, and a good defense will result in minimum prison time or even an acquittal. Read a couple paragraphs of this example. It's sickening.
The current laws need to be changed. First and second degree murder charges should be available to the DA when it's obvious the crime rises to that threshold. Punishment should reflect that someone's spouse or child is dead because the accused chose to drink.
Incidents like this one are straight up murder. In this case, I would argue a charge of first degree murder, in other words premeditated, would be appropriate, if the alleged actions against the driver are accurate. It appears the driver chose to be impaired, chose to vastly exceed the speed limit, and chose to ignore a traffic signal.
In Texas, an intoxication manslaughter conviction calls for a sentence of 2 to 20 years and a $10,000 fine. Most sentences I see are around 5 years. That's a f###ing joke. Manslaughter in Texas is legally defined as unintentionally causing a death. I think killing someone while driving drunk is an obviously intentional act.
When a search using the term intoxication manslaughter is made, the first two pages are ads from legal firms that assure the reader they aren't a bad person, they really didn't mean to kill someone, and a good defense will result in minimum prison time or even an acquittal. Read a couple paragraphs of this example. It's sickening.
The Penalties For Intoxication Manslaughter in Texas
Your best shot at avoiding intoxication manslaughter penalties in Texas? A lawyer who won a quadruple intoxication manslaughter "Not Guilty" verdict: 713-864-9000
www.thetexastrialattorney.com
The current laws need to be changed. First and second degree murder charges should be available to the DA when it's obvious the crime rises to that threshold. Punishment should reflect that someone's spouse or child is dead because the accused chose to drink.