chopper said:
Wow, first degree murder. That's a bit of a stretch. Why don't we just not have 2nd degree murder or manslaughter entirely? Everything is first degree murder.
I wasn't just talking about making the gradations less on the bottom end - I was talking about making the restrictions MUCH more severe for the chronic or extremely impaired driver as well. And if you noticed, the 'parking ticket' like infractions would start with someone who is legally SOBER in all 50 states right now.
You seem very black/white in your argument, polarizing this issue to the extreme. I'm sure if we got 10 people all with a different 'pet peeve' that they wanted polarized, we could find a way to make just about everyone out there an attempted first degree murderer. Cell phone talkers on phones: It's been shown that they are as 'impaired' as a borderline drunk drivers: attempted MURDERERS (btw - illegal in many countries, and I think this should be regulated here too). People who eat while driving: attempted MURDERS. Smokers: attempted MURDERERS. come on.
example: The mother of three in the minivan, with 3 fighting kids in the back (who she is turning around to yell at constantly) who was up all night with a sick child, talking on her cell phone and speeding to get to day care. Eating her breakfast on the run so she can make her MADD meeting. You thingk SHE's not impaired as someone with a .081? You don't think THESE impair her ability to drive safely? While I think she is knowingly putting at risk innocent pedestirans and motorists - I don't think she's an attempted MURDERER.
I don't want to get on the defending drunk driving side. I don't condone it, and I try not to drink anything when I drive. I think in a perfect world, it would be great to not have impaired drivers of any sort on the road. I just think this extreme view is a bit unrealistic, and is in fact counterproductive. Go after the worst of the worst with harshest penalties, without ruining the life of the person who made a bad mistake early on, luckily did not hurt someone, and can now move on to a productive member of society.
Hey - I am at .081. I wait 10 minutes to leave the party to get to .075. I'm an upstanding citizen. I only wait 5 minutes and get to .08. I'm an attempted murderer. please
The distinction between drunk driving and a distracted driver is twofold.
First, 2/5 of all deaths on the road are caused by drunk drivers. Everybody knows that you could kill people if you go out and drive drunk. Most everybody knows someone that has been killed by a drunk driver. Therefore, when the decision is made to not make plans for a safe return home, the driver is willfully making a decision to put mine and everyone else's lives on the line. If you point a gun in somebody's general direction and shoot a couple of rounds off, you may not be intending to kill them, but you should be tried for attempted murder anyway. A distracted driver, while still often irresponsible, is a natural consequence of being human. People get distracted. Things happen. If we want roads, we'll inevitably have distractions. Inviting unnecessary disaster when the consequences of drunk driving couldn't possibly be more clear, is abhorrent.
Secondly, as I tried to state before, a drunk driver makes a number of informed decisions to take the more dangerous route. When they don't plan their night, they are at the least negligent. When they take the first drink knowing that they don't have any other way home is a conscious decision to put others at risk. When they get in the driver's seat, they are pulling the trigger on the gun in my opinion.
I think it should be attempted murder when you get in that seat because you have the two components of an attempted murder. You know you're putting someone at a greatly elevated risk (note: "elevated" I'm aware we put others at risk in everything we do.) You're doing it willfully, consciously, and fully aware of the potential consequences of your actions.
I get first-degree murder as an extension of that. As I understand it, first-degree murder is that which is planned out ahead of time. I've already made my case for why DWIs are the consequence of a decision made far ahead of time. A person picking up their first drink without a way to get home knows that they're toying with other peoples' lives. If that toying results in a deadly consequence, I feel it was planned out.
I'm not sure how I can make the case for not having gradation in the punishment any more. All I can maybe clarify is that crime comes in the decision to be irresponsible, not the drunkenness itself. I don't care if you're .081 or .075 or .222. Either way you're making the criminal decision to toy with my life if you get behind the wheel. That, to me, is just how far away you're standing from the person at whom you're shooting.
I, actually, couldn't agree more that people need to see beyond the black and white in most issues. There are exceptions, however. I think that in this case, because of the demonstrated risk that drunk driving is to the public and because there are several very clear decisions to be criminal by a drunk driver, this issue couldn't be more clear to me. It really is as black and white to me as shooting randomly in the general direction of another person. It's just a rediculous to have any tolerance for this.
-dope-