Pretend You are the Judge- Final Update: 18 years

oldfella1962

Senior Member
it sickens me to know that there are so many people that look through the facts and would crucify someone because they were in the wrong place, at the wrong time, and may have had one whole beer in their system.

one beer, four beers, none of that matters - it's all about that BAC level. When you are drinking it is your responsibility to stay within the limit. Can some people handle alcohol better than others? Yes indeed, but there is no BAC custom tailored to every individual's tolerance. Thus that BAC is the measuring stick by which we all have to abide.
 

Ray357

AWOL
one beer, four beers, none of that matters - it's all about that BAC level. When you are drinking it is your responsibility to stay within the limit. Can some people handle alcohol better than others? Yes indeed, but there is no BAC custom tailored to every individual's tolerance. Thus that BAC is the measuring stick by which we all have to abide.
Even the functional alcoholics that appear to handle their alcohol well still have extremely impaired reaction times when at .08.
 

oldfella1962

Senior Member
My response is not as on point as zedex.

December 7, 1979, one of my brothers ran out of gas and was walking, facing traffic, along the shoulder of a highway access road to a gas station 1/2 a mile ahead. The drunk driver was doing at least 70 when he swerved across the road and hit my brother. My brother's shattered body was airborn at least 80 feet. The drunk driver did not touch his brakes, never slowed down, and disappeared down the road.

The drunk showed up at the crime scene, driven by his attorney, four hours later. Police were still gathering evidence (and pieces of my brother) at the scene. It turned out that there was a witness, and when the drunk called his attorney (who was known to listen to police radio calls) the license number had already been broadcast. The drunk, never served a single night in jail. He was arrested (still drunk), booked, and released to his attorney the same day. He pled no contest and received a suspended sentence and a restriction on his driver's license (prohibited from driving at night).

I admit I am biased. For leaving the scene, regardless of whether the driver could have avoided running over the motorcyclist, I would sentence the drunk to 20 years to life and fined him restitution equal to the deceased potential lifetime earnings. I would insist that all assets of the drunk be confiscated and proceeds given to the family of the deceased and any and all funds potentially due the drunk be diverted to the deceased's family.

Again, I am biased, very, very, biased. But I also believe the concept of personal responsibility should very publicly be enforced any time a person is irresponsible and runs away. (And the drunk who murdered my brother, did eventually end up in jail, 7 years later, when he wrecked the car he was driving into a police car while trying to run from another DUI!)

sorry for your loss. :( That said I'm sure we have all noticed billboards with the happy face of a "DUI ATTORNEY" on it. DUI punishment mitigation is a huge, huge industry. If you have the money you can hire an expert lawyer who can take at least some of the sting out of a DUI. Almost every DUI case a lot of leeway in the circumstances involving the possible sentences. Basically it's the old saying "it takes money to make money." Is it worth spending ten grand on a DUI Perry Mason lawyer if it keeps you out of jail where you can't earn money at your 150K a year job? I'd say so. Is it worth spending five grand on a lawyer if you aren't contesting the arrest and you aren't getting railroaded - in other words it's a simple no injury DUI, it's your first DUI and you live in the local area? No it isn't because the minimum punishments cannot be waived anyway so as long as you present yourself as an upstanding citizen there's nothing a lawyer can do for you, other than lighten your wallet. They might even make things worse for you. They don't care, they are getting paid either way.
 

oldfella1962

Senior Member
Even the functional alcoholics that appear to handle their alcohol well still have extremely impaired reaction times when at .08.

Oh no doubt. Even if their reaction time difference is measured in microseconds it could still be enough to make a difference traveling at a high rate of speed especially.
 

oldfella1962

Senior Member
anyway back to the subject - with the facts being what they are and I have power over the whole case I would focus on the hit & run. That is the one thing in the scenario where there is no "grey area" or "what if" to consider. I would give them five years behind bars.
 

Throwback

Chief Big Taw
Defendant was underage at the time of the accident. Overage at time of sentencing. Over 18 but not 21.

Sorry for not including this. I knew the defendant was young, just didn't realize it was that young until I pulled the file.
then he was probably sure nuff drunk.
 

Fletch_W

Banned
Just exactly what are you trying to accomplish with this thread?


This is based on a true crime. There's a lot of controversy over whether the sentence actually handed down was too harsh or too light. I'm looking to get a sample of fine folks here to lay it down without already knowing what the real sentence was. A control group so to speak.

Would you like to participate? I would sure like your input too.

I thought I'd be ready to do the big reveal at this point, but most people seem wary of committing to a hypothetical (but based on true events) sentence.
 

Nicodemus

The Recluse
Staff member
This is based on a true crime. There's a lot of controversy over whether the sentence actually handed down was too harsh or too light. I'm looking to get a sample of fine folks here to lay it down without already knowing what the real sentence was. A control group so to speak.

Would you like to participate? I would sure like your input too.

I thought I'd be ready to do the big reveal at this point, but most people seem wary of committing to a hypothetical (but based on true events) sentence.

Nah. Are you a lawyer?
 

Buddrow

Member
1 year in prison. 10 years probation. 1000 hours community service. And said person has to write a $1 check everyday and mail it to the deceased family. So they never forgot what happened.
 

Sixes

Senior Member
You kind of changed the info from the start. If you had disclosed that the defendant was stopped and tested immediately after the accident then it changes my thoughts.

If I knew he was caught immediately after the accident with a BAC of .26, then it changes my sentence, the judge had those facts but you left them out.
 
We've got six pages now and only a handful of people have actually handed down a sentence.

Have you let us know the outcome? I'm not reading all this, I answered your question.
 

JustUs4All

Slow Mod
Staff member
The "facts" have changed in this story so many times that I can't keep it straight. My verdict would be community service for the perp and shoot the messenger.
 
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