Isn't driving to a bar knowing one will drive drunk a crime
period?
2007-01-01 22:34:42 · 11 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Nope. Being under the influence of alcohol, UNFORTUNATELY, is an excuse to avoid any accusation of premeditation. It is believed that alcohol hinders your ability to premeditate anything, therefore, eventhough you can be accused of killing another human being, it is named another way, which is homicide or unvoluntary manslaughter. MURDER needs to have a clear mind to preconceive a plan to kill... I would certainly prefer to have all these drunks put in jail for premeditated murder because it is definitely a logical conclusion that if you drink you will get drunk and could cause an accident while driving, but that would require changing the law first.
2007-01-01 22:41:12 · answer #1 · answered by Anonymous · 0⤊ 2⤋
I believe in North Carolina (where I fail to live) it is called intentional manslaughter and is considered punishable by death.
Fine by me. I believe that if a jury determines, with physical evidence to substantiate beyond a shadow of a doubt, that any driver (sober or not) who kills someone else with their vehicle should face the death penalty. Now I know that liberals and trial attorneys would argue against this but it would certainly put a damper on irresponsible driving behavior.
I'll agree with your argument that driving to a bar knowing one will drive drunk is premeditated unless the accused can substantiate that they made plans for a return journey available. Taxi or friend.
Of course America is likely to be spineless on this issue. Why? Because Senator Kennedy, among others, would have to be hung immediately.
2007-01-01 23:12:53 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Yes its a crime, but it can be seen as premeditated. Murder is murder...whether it is due to irresponsibility or intentional murder. But driving to a bar knowing you will drink, means you know you will get drunk. Therefor, it is premeditated.
I lost my uncle to a drunk driving illegal immigrant, and ever since I have been completely against drunk driving. I ensure that students at FSU get the protection they need, as I am in SGA with FSU...and we allocate our budget to provide transportation for students from bars. Also, I make sure my fraternity brothers get a drive home from someone sober.
Your question tho, seems a bit weird. Yes...its a crime period. But the fact that someone was killed means it was premeditated. It isn't like the person accidentally arrived at the bar, was forced to drink liquor, and then drive home with a gun to his head. He knew what he was doing THE ENTIRE TIME, before and after.
EDIT: ** The guy who answere first said "not premeditated murder if one gets in a accident that is fatal." ACCIDENT? Accidents are preventable, accidents are unintentional. The person who commited the crime did it intentionally. It was preventable. It is like having a child in a household. For some reason I put shattered glass on the floor because I think it looks nice. I am not HOPING the child crawls on the broken glass to get cut...but I am not going to call it an accident either. It was preventable....as is drunk driving.
2007-01-01 22:40:39 · answer #3 · answered by Crizzle Gizzle 4 · 1⤊ 1⤋
No. Premeditated murder means you have to have intent to kill someone.
Actually, in many states, drunk driving isn't even a felony, it is a misdemenor. Even if you kill someone, although public outcry is so large, it is considered an accident and the crime itself is not considered serious enough to warrent a felony count. This is starting to change in some states though.
2007-01-01 22:42:58 · answer #4 · answered by jerry 5 · 2⤊ 0⤋
While driving under the influence ,and causing a vehicular homocide would definately be charges and possibley others , it is not pre meditated unless the driver had planned to kill someone . In that case the drunk driving would just be an added count .
2007-01-01 22:48:27 · answer #5 · answered by Ray H 7 · 0⤊ 0⤋
drunk driving is a crime, but it is not premeditated murder if one gets in a accident that is fatal. It is a felony for sure, but premeditated murders are planned out with the end result of it being loss of life.
2007-01-01 22:36:32 · answer #6 · answered by Biker 6 · 0⤊ 1⤋
A good D.A. can make it seem premeditated. When one drinks and gets behind a wheel the potential for premeditated vehicular homicide is there.One knowlingly drank and planned on driving. This was not "an accident".
2007-01-01 23:05:51 · answer #7 · answered by ambay 3 · 0⤊ 0⤋
I don't think you would know you were going to kill. But I do think that anyone who kills another person while driving drunk should have very stiff penalties. Drunk driving is way out of hand in this country.
2007-01-01 22:37:41 · answer #8 · answered by Faithnomore 2 · 2⤊ 0⤋
yes, and when he gets to the bar, by law, the bar tender is not to serve a drunk...because the owner will be liable if he served him and then he went out and had a accident...I owned a small tavern at one time
2007-01-01 22:48:01 · answer #9 · answered by purpleaura1 6 · 0⤊ 0⤋
NO BECAUSE THEY THINK [I AM ONLY GOING TO HAVE ONE
2007-01-01 22:40:00 · answer #10 · answered by booge 6 · 0⤊ 1⤋