I have a question, on june 21st, a 19 year old drunk driver killed my boyfriend's mom, by running a stop...

Question

I
....sign on the main road through town, at first papers said he would get wreckless homicide and aggravated dui, and all this, but now the charges are only, accident resulting in death, which is only a class 4 felony and just a regular dui, he had just gotten out of prison 3 weeks before, and now is serving the rest of his sentenced parole, but all the charges on the court case file, says not guilty and dismissed with leave to refile, what does this mean? Does this mean that after he gets out of prison he will have to go to court on this or is this ****** gettin off scott free???
The sad thing is his brother got killed just 4 years ago by a drunk driver also! And after that his mom got into MADD and was a strong advocate for it.

he gets out of prison next month, I would say thats pretty good for murdering someone, and ruining people's lives.

he needs to be put in until he rots, that is not a fair punishment, i dont care.

he only spent 4 months in prison for a class 2 felony, then the parole board let him parole out and then 3 weeks later killed his mom, then went back to jail so from june to nov he's in there, but he needs to do more time, that is not even for that crime!!!

Yes he was well over the limit, We have police reports, and no the stop sign was not obscurred, And yes I am telling the entire story. This kid lived in this town his whole life, your tryin to tell me he didnt know of the stop sign?! He was drunk for god sakes! Left the freakin seen, man some of you people on here are horrible.

A reply to broke lazer or whatever, this woman was like my second mother my boyfriend and I have been dating for 4 years, we spent alot of time together, I do consider her family, she is my soon to be husbands mother, I loved her very dearly.

Answer 1

I'm sorry for the tragedy your boyfriend has had to endure. And it sounds as though you really love him and are there to support him. So often the punishment doesn't fit the crime. As a mother I admire the moms that get involved with associations such as MADD. I have been behind a car when it swerves and you have to wonder if the driver is drunk. But it bothers me even more when my kids are in the car with me. A drunk driver behind the wheel of a car is the same as the person who pulls the trigger when tragedy results because of their actions and in my opinion, both should be tried for murder. The crime should never be sugar coated. Call it what it is, murder.

Answer 2

How do you know he was drunk? Did you see the laboratory test? What was his BAL? There's alot of circumstances that could, and obviously are, coming into play, and I really doubt we're getting the entire story.

I'm sorry for your loss but at the same time, if you're not giving us the entire story, it's difficult to tell why he's getting it easy. In my opinion, the blood work probably came back under the legal limit and it's possible the stop sign was obscured, damaged or vandalized, at which point it becomes the cities responsibility, not the driver. And then the city can pass it off onto the home owner if there is one depending on zoning. Round and round we go, where it stops, nobody knows. *shrugs* That's just the nature of capitalist society.

Answer 3

No...He will not get off scott free.. This dude is in a lot of trouble. (and rightly so) I'm a X ambulance driver.. and there is no bigger waste than an auto wreck. Then throw a drunk driver in there.. Don't know how long this person was jailed before his release.. but there should be some kind of re-entering to society for these convicts. This is another price we pay for our government being responsible for rehabilitation of criminals.

Answer 4

This isn't really an answer to the question, I was just pissed off by the first idiot who responded. Drunk drivers are WAY more likely to cause accidents than other drivers - 40% of accidents are caused by drunk drivers, and the number of drunks driving on the road is way, way less than 40%. There are PLENTY of instances where people are punished for harm they might have caused, because they're criminally negligent.

Answer 5

Some people are bad drivers sober. Why not campaign to get the same Draconian penalties on people who run stop signs, speed, changes lanes erratically, and get into numerous accidents?

Honestly, those people are much more dangerous than someone who is at .08 - the legal limit in most states now.

DUI is the only crime where you are punished much more severely for what you MIGHT do than what someone else actually does. The laws against drunk driving are stiff enough. They ruin the lives of people who haven't hurt anyone or anything.

MADD has gone far enough. Put your energy into something that will actually help. Focus on bad sober drivers. Lobby to get the laws for running a stop sign the same as a DUI charge. That is what really killed your boyfriend's mom - running the stop sign. How do you know this guy wouldn't have done it sober?

Answer 6

pushed aside with circulate away to refile, might mean the charges have been dropped, in all likelihood as an element of a plea good deal or parole deal, however the DA holds the superb to refile rates, in all likelihood interior the form of a repeat offense. it would mean that he could be getting out of detention center, yet in all likelihood would be on probation for an prolonged volume of time. He would would desire to finished community provider hours, circulate to classes, and/or pay a fabulous as an element of the deal. i might have the kin record a wrongful loss of life lawsuit against the driving force. this would desire to by no potential ensue every time, everywhere.

Answer 7

I'm sorry for the loss's your boyfriend has had. Sounds to me like this kid may be getting only a slap on the wrist. If it were up to me he would be tied down and ran over, but seriously he should get major prison time on top of never being able to get a driver's liscence.

Answer 8

It sounds to me like the District Attorney does not want to have a trial while the perp is incarcerated. The sheriff would have to take him out of jail and return him to jail every day.
Leave to refile means that the DA can file at a later date. If you want to know what the DA is up to, ask him. He is a public employee.

Answer 9

Dismissed with leave to refile - means that the prosecution - get that THE STATE - dropped the charges and may or may not refile the complaint against him at a later date (usually within one year).

Answer 10

Sounds like the prosecutor really botched it. I don't think that wreckless homicide would have sticked, but definitely a vehicular manslaughter charge should have been sentenced. They are going to have to appeal it.