DWI
The Tarrant County (Fort Worth, Texas) District Attorney has finally taken a stand which is long overdue. They are pursuing a Murder Charge against a Fort Worth man accused of driving the wrong way down a one way street, in excess of 70 mph, and killing a man in a motor vehicle accident. The defendant has twice before been convicted of DWI. The defense is contending he should be facing "intoxication manslaughter" charges instead.
DUH!!! I have long contended that if we are ever going to change societal behavior on the serious nature of driving while intoxicated, or driving under the influence (not just alcohol, but illegal drug substances also), then laws and penalties need to be harsher. Especially in Texas where a common long standing joke has been, "How far is it to Austin? Just a six-pack drive." Drinking and driving has never been taken very seriously despite MADD and a dozen other causes. If we want to seriously change societal views and behaviors about drinking and driving, then we have to make the results of the offenses too scary to risk.
Lets start with the simple, no accident, no injury arrest for DWI. A breathalyzer or blood alcohol test should be administered on the scene. If the violator exceeds the allowed blood-alcohol content, the punishment should be mandatory and immediate. 96 hours in jail. Why 96 hours? Because even if its a 3 day weekend, the person is going to miss at least one day of work. Try explaining that to your boss? A fine which represents the cost of the 96 hour incarceration should also be applied. Got your attention yet? No?
Second offense of DWI within 5 years. 96 hours in jail, the fine covering the cost of incarceration, PLUS automatic suspension of your drivers license for one year, no exceptions. How are you going to get to work now in our highly mobile, spread out society? Got your attention yet? No?
Any DWI offense which involves a motor vehicle accident with a pedestrian or the occupants of another vehicle. Punishable by 96 hour jail term, fine covering the cost of incarceration. Defendant ordered to pay the cost of all vehicle damages and medical treatment of injured persons, WITHOUT $$$ limits. If the defendant is unable to pay through available funds or liquidation of assets, incarceration in a Work-Jail program for the period of time it takes to pay. Got your attention yet? No?
A DWI motor vehicle accident which results in the death of another person (including the passengers in the intoxicated drivers vehicle) should automatically result in Murder charges and a jury trial of the intoxicated driver (in the usual incidence where the intoxicated driver survives the accident). This should not be a choice made by local District Attorneys, but mandated by law. In the rare occasion where the intoxicated driver does not survive the accident, the law should provide for the liquidation of his/her assets to be paid as "damages" to the victims or their families for their loss.
What about circumstantial or mitigating circumstances? Let's empower juries to consider convictions on lesser charges with lesser penalties without the need for additional trials. The judge would instruct the jury of the lesser charges and penalties which could be imposed by the jury based on their determination of the evidence. This would allow for the average jurors to be compassionate and rational rather than being hamstrung by liberal minded defense attorneys who are only interested in getting their client off by arguing points of law. Justice is supposed to be the will of the people, represented by a jury; not the finagling of the judicial "system".
I'm sure there are all kinds of arguments and disagreements which can be drafted and cited against my proposed suggestions. Seems like lots of people want to discuss and argue against strict and harsh judicial punishments these days. It feels like those who do so are more interested in arguing, complaining or objecting than they are in changing the behavior of those who violate laws intended to protect innocent people. If you disagree, then do so constructively looking for ways to change the behavior of society regarding alcohol/drug use and motor vehicles which results in less people willing to take the chance.
Have you ever driven intoxicated? I have. It's downright scary and I was just lucky. Lucky to not have been stopped, luckier still to not have had an accident or caused injury. When I was growing up, well it was just like any other traffic ticket. Pay a fine, IF you get caught. No big deal. No scary repercussions. What changed me? In the military, DWI became a career ending event. I enjoyed my career and felt that I was a contributor to the Army mission. It made me feel stronger and more self worthy. I did not want to lose that feeling. So I developed the attitude that 1 beer meant NO driving. Period. No discussion. I think we need to develop that attitude in our society...that if you drive, you don't drink and if you drink, you don't drive...because the results are career ending!